“Pay TiVo” EchoStar is told

Chris Forrester

Dish Network, embroiled in a long-standing patent wrangle with DVR specialists TiVo, should pay TiVo, says the influential trade group the Assoc. for Competitive Technology (ACT). Dish and TiVo have been slugging the matter out since 2006. Dish was ordered to pay $192.7m to TiVo and halt the service after a federal judge said on June 2 that changes to the system weren't enough to work around a TiVo patent. Dish was given a temporary stay of the judgement pending a further appeal, and thus allowing it to continue selling the service for the time being.

"EchoStar's contention that 'damages are obviously adequate compensation' ignores not only lost potential customers but also the reality that its delay tactics stifle innovation and discourage small businesses from competing in today's knowledge economy," the group said in an independent "friend-of-the-court" brief filed last week. The ACT is not a party to the case.