Jury Verdict Is More Good News for TiVo

By DAVID KOENIG AP Business Writer

MARSHALL, Texas (AP) -- In a case cast as crucial to TiVo's survival, a federal jury decided that EchoStar Communication Corp. copied key technologies from the digital video recording pioneer and awarded nearly $74 million.

The 10-member jury spent just about two hours, including a cigarette break, to decide that the parent of the Dish satellite network had infringed nine sections of TiVo's patent on technology for digital video recorders that let viewers pause, rewind and fast-forward live TV shows.

"There was no one thing," said jury forewoman Cathy Lindsey, a school secretary. "We just felt like there was infringement on all the charges. It wasn't unanimous to start with, but we were close."

TiVo won most of the $87 million in damages it sought.

The case in federal district court was closely watched on Wall Street, with some analysts even dropping in during the two-week trial. They said a victory would help TiVo win other royalty deals involving digital video recorders, or DVRs.

News of the verdict sent TiVo shares soaring 21.7 percent, or $1.75, to $9.80 in after-hours electronic trading Thursday night. If that price holds in regular trading when the Nasdaq Stock Market reopens on Monday, it would mark a 52-week high for the stock. EchoStar shares dropped 22 cents to $29.75 in after-hours trading.

The judge could triple the $73.9 million award _ which is subject to appeal _ since the jury found that EchoStar had willfully infringed TiVo's patent.

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