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Dish Plans U.S. Supreme Court Appeal In TiVo Patent Case

4/11/2008 11:44 AM Eastern

Dish Network and CEO Charlie Ergen are not giving up without a fight. The U.S. Court of Appeals for the Federal Circuit on Friday denied the satellite TV operator’s request for a rehearing of the court’s judgment that it infringed on a key software patent owned by TiVo—a ruling Dish said it planned to appeal to the U.S. Supreme Court.

The federal appeals court in January upheld a lower court’s ruling that Dish violated TiVo’s “Time Warp” software patent and affirmed the judgment against the direct-broadcast satellite operator for $94 million in damages.

Dish last month appealed the decision, claiming the court did not consider its argument that a TiVo expert witness, Jerry Gibson, provided contradictory testimony.

In a statement, Dish said, “We are disappointed that the Federal Circuit did not grant our petition for rehearing…We intend to appeal the Federal Circuit’s ruling to the United States Supreme Court.”

The satellite company said, as it has previously, that it has deployed newer DVR software to customers that does not infringe the TiVo patent at issue. Dish DVRs will function without any interruption or changes, according to the company.

TiVo said in a statement, “Today's ruling brings us closer to resolution of EchoStar's infringement and reconfirms the strength of TiVo's Time Warp patent, which is in addition to the other benefits TiVo has to offer. We look forward to full enforcement of our rights in the near term." 

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