The TiVo vs. EchoStar case got another little push towards finally ending today, as the Court of Appeals for the Federal Circuit ruled that EchoStar had indeed infringed part of TiVo's "time warp" patent. You might recall that the case had recently been on hold while the USPTO re-affirmed that the patent was valid -- armed with that decision, the appeals court ruled that EchoStar had crossed the line on the software component of the patent, but that more information was needed regarding whether or not EchoStar's hardware also infringed. That means we're in for another round of wrangling down in Marshall -- we'll keep you updated, if we can manage to stay awake.

[Via Zatz Not Funny! Warning: PDF read link]

The long-running dispute between TiVo and EchoStar inched a little closer to resolution today, with the United States Patent Office issuing a non-appealable ruling saying that TiVo's DVR-enabling "time warp" patent is valid. You might remember that TiVo sued EchoStar for violating that patent in Dish Network DVRs at the beginning of 2006, and won a $90M judgment and an injunction requiring EchoStar to turn off existing DVR functionality and stop selling DVRs in the future. That injunction was then stayed pending EchoStar's appeals before the Patent Office and the Federal Court of Appeals, so sadly, this ruling doesn't mean the case is over yet -- now it's the Court of Appeals' turn to try and sort this out.

[Thanks, Dennis]

Disclaimer: Although this post was written by an attorney, it is not to constitute legal advice or analysis and should not be taken as such.

Even though its customers were the ones getting down at nationwide TiVo House Parties this past weekend, it was the company itself that woke up with a nasty hangover. In the latest development surrounding the most drawn-out patent dispute the consumer electronics industry has seen since that RIM / NTP debacle, the US Court of Appeals for the Federal Circuit has just granted DISH-parent Echostar a temporary stay on an injunction that would have shut down its DVR service and halted sales of related hardware. You probably remember that TiVo won a $74 million jury verdict in this case back in April, when the Texas panel apparently agreed with the DVR pioneer that Echostar (who also had access to an early TiVo prototype box) had violated its so-called "Time Warp" patent. After much legal posturing, the award was upped to $90 million and the satellite TV provider was given 30 days to disable the time-shifting functionality on its STBs; luckily for DISH customers, the injunction was granted a temporary stay while the merits of Echostar's appeals case were weighed. Well the court has finally ruled that Echostar does indeed have a solid case, and that the company can therefore continue offering DVR services until its appeals have been exhausted. Sounds like bad news for TiVo, until you notice a snippet of Echostar's followup press release which reads, "We also continue to work on modifications to our new DVRs, and to our DVRs in the field, intended to avoid future alleged infringement." If Echostar is so confident in its lack of culpability here, why make changes to its supposedly non-infringing devices? Stay tuned, folks, as this one's not over yet -- not by a long shot.

[Via Zatz Not Funny]