TiVo stock soars after court rules against EchoStar

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SAN JOSE, Calif.
TiVo’s stock
price jumped 62 percent Thursday after the company announced that it was
due to receive some $300 million thanks to a favorable
court ruling in a long-running patent battle with TV technology company EchoStar.

The U.S. Court of Appeals for the Federal Circuit upheld a
lower court contempt ruling against EchoStar for failing to abide by a
judgment against the company. As a result, EchoStar is liable for damages and
contempt sanctions, TiVo
said in a statement.

The court agreed with the lower court that EchoStar refused to
disable the DVR feature in its devices, despite court rulings that the
feature violated TiVo’s
patent. It also agreed that EchoStar’s attempts to date to design
around the patent were “wholly unsuccessful.”

“We are persuaded that there was clear and convincing
evidence before the district court to find that … EchoStar receivers
continue to infringe and that it was not an abuse of discretion for the
court to find EchoStar
in contempt,” the appeals court stated in its ruling.

TiVo said that it
was “pleased” by the ruling, and that it would continue to seek damages
and sanctions against EchoStar
as long as the latter continues to infringe on its patents.

“We will continue our efforts to protect our
intellectual property from further infringement,” the company said in
the statement.

Noting that one of the three appellate judges
dissented from the decision, EchoStar and sister company Dish Network, which was
also a party to the suit, said they would seek to have the ruling
reviewed by the full court. The companies, both based in Englewood, Co.,
also said they are working to design around TiVo’s patent and plans to submit that for
court review.

“At this time, our DVR customers are not impacted,” EchoStar and Dish said
in the statement.

TiVo’s stock
soared on the news, closing up 62 percent at $16.53.

TiVo filed suit
against EchoStar
six years ago, charging it with violating its patents on DVR technology.
A little more than two years ago, after a string of court defeats, EchoStar paid TiVo some $104.6
million
in damages and interest. The court imposed a permanent
injunction against the company, barring it from infringing on TiVo’s patents.

The award boosted TiVo’s financial results, helping it to
post its first-ever full-year profit.

TiVo took EchoStar back to court
last year, accusing the company of continuing to infringe the patent.
The district court found in favor of TiVo in June and held EchoStar in contempt
for violating the injunction.

In contrast to TiVo’s, EchoStar shares were little affected by
the news, and were down just 4 cents, or 0.2 percent, to
close at $19.84.

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