The U.S. Supreme Court has declined to hear Dish Network’s appeal of a decision that found EchoStar had infringed TiVo’s patent for its Time Warp software, which allows users to record television programs while watching a different channel, and also to skip over commercials.The appellate court ruling now stands, requiring Dish to pay US$104 million in damages to TiVo, an amount that includes interest that accrued as the 2006 court case made its way through the appeal process.A pending related matter could cost Dish Network even more money. A U.S. District Court in Texas is currently considering whether Echostar’s workaround for the patent infringement violated an injunction.Dish Networks maintains its workaround will withstand the legal challenge. TiVo is equally confident that Dish will be found liable for damages for violating the injunction. Both companies provided statements the E-Commerce Times but declined to comment otherwise.In the last few years, there has seen a sea change in the way patent law has been applied in the courts. This particular case, while not a game-changer for patent holders or challengers, does affirm some important trends in case law, Ian DiBernardo, an attorney with Stroock & Stroock & Lavan, told the E-Commerce Times.”It was… Read full this story
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