Patent Law

Replay

By Gary Odom and Jordan Kuhn

TiVo bludgeoned EchoStar with its patents, winning at trial in 2006 and on appeal in 2008. EchoStar wouldn't settle, and TiVo got a temporary injunction. EchoStar supposedly developed a workaround. But TiVo alleged it was a faux workaround. A bench trial in February has resulted in a ruling today from East Texas Judge Folsom that EchoStar is in contempt of court, with an order that the company stop using TiVo technology (aka permanent injunction). And, oh yeah, add $103 million plus interest through April 2008 for additional damages, on top of the $105 million previously awarded. The cost of contempt of court will be tallied and tacked on at a later date.

In late trading, TiVo was up $2.90, 41.6%, to $9.88. Dish Network (EchoStar parent) was down $0.71, $.1%, to $16.53.

Full post as published by The Patent Prospector on June 03, 2009 (boomark / email).