TiVo Prevails in Patent Rights Case Against Dish
By THE ASSOCIATED PRESS The New York Times March 4, 2010
Filed at 3:03 p.m. ET
TiVo Inc. prevailed yet again in a long-running dispute with Dish Network Corp. over patents for digital video recorders, as a federal appeals court cleared the way Thursday for TiVo to collect hundreds of millions of dollars. TiVo shares jumped more than 50 percent.
Despite repeatedly losing, however, Dish said it will seek a review of the three-judge panel's decision by the full U.S. Court of Appeals for the Federal Circuit.
TiVo said the decision, if it stands, would let it collect at least $300 million from Dish -- about $100 million in damages and interest, and the rest in contempt sanctions that TiVo already has been awarded. That would be on top of about $100 million in damages that Dish had already paid TiVo in earlier litigation.
TiVo has struggled with being consistently profitable, and being able to collect such an amount would help get it into the black. TiVo came out with its DVR in 1999 and ''TiVo'' became a verb synonymous with recording TV, but it has faced intense competition from generic DVRs offered by Dish and other subscription TV providers.
The company also has sued AT&T Inc. and Verizon Communications Inc., charging them with infringing on certain DVR patents. Microsoft Corp. has waded into the fight on AT&T's side.