Echostar and TiVo still arguing
Chris Forrester

Last week was a mixed one for DVR operator TiVo in its long legal spat with satellite operator Echostar and related broadcaster Dish Network. TiVo has been seeking more than $1bn in royalty payments, and damages from the Echostar pair. The players were arguing their case in a US federal appeals court.

The panel of judges questioned whether Echostar/Dish had waited too long to lodge their appeal, but also questioned whether the original 2006 trial judge set the injunction against Echostar too broadly. In essence TiVo alleged that its ‘Time Warp’ patent had been used by Echostar, without royalties being paid.

Echostar/Dish have argued that they have a workaround which does not infringe TiVo’s patents. TiVo’s lawyer Seth Waxman told the appeals court that the changes EchoStar and Dish made in their alleged work-around were trivial. Waxman said the appeals court owed deference to the trial judge, who has presided over the case for five years. EchoStar and Dish's lawyer, Joshua Rosenkranz said the companies' work-around removed all the DVR features that TiVo had accused of infringement.

The verdict is awaited.