It hasn’t yet won its patent dispute with TiVo, but Dish Network and EchoStar at least have reason to be hopeful after finally winning one round.
TiVo had been quick to disclose that the US Patent and Trademark Office (PTO) had issued a preliminary finding which would void two claims of TiVo’s Multimedia Timewarping System patent for DVRs. But TiVo’s spin was that the development was really a rerun and it expected to triumph in the end.
Now Dish and EchoStar have issued their response – a cautious, guarded response. “We are pleased that the Patent and Trademark Office (PTO) issued an initial office action rejecting Tivo’s software claims as invalid in light of two prior patents. These software claims are the same claims that EchoStar was found to have infringed in the contempt ruling now pending on appeal. We believe that the PTO’s conclusions are highly relevant to the issues on appeal as well as the pending sanctions proceedings in the district court.”
So far, Dish/EchoStar have had to pay TiVo $104 million for patent infringement and are appealing a judgment for an additional $103 million.