TiVo awarded validation of DVR patent as dispute with EchoStar continues

November 30, 2007 – TiVo has been awarded validation of the patent for its digital video recorder (DVR) technology by US federal regulators, as its patent infringement dispute with EchoStar Communications continues.

EchoStar said that the US Patent and Trademark Office’s decision will not affect its pending appeal of a court ruling in TiVo’s favour.  The court decision requires EchoStar to pay TiVo $89.6mn in damages for infringing the latter’s DVR technology patent, and also to stop distributing its DVRs or modify the features of its products.

TiVo agreed that the patent office’s decision will not have a direct bearing on EchoStar’s appeal, but believes it is still important: “It eliminates any arguments EchoStar can make before the court of appeals about the patent’s validity,” said Matthew Zinn, general consul for TiVo.  “It also results in a much stronger patent, and it will be difficult for anyone to try to invalidate the patent again.”