The never ending TiVo / DISH Network patent saga continues, with the latest twist presented as U.S. Patent and Trademark Office ruled TiVo's "Time Warp" patent is invalid. Both sides have issued press release in response, with TiVo pointing out this is "just one of several steps" in the review process" while DISH's Facebook status was predictably "pleased." For now, the only thing to report is that, as usual, nothing has really changed, the Appeals court is still undertaking a review of its previous ruling, and it will probably finish that before this Patent Office decision is resolved , given the opportunity for appeals to its board, and even through the federal courts. Still, depending on how this goes, it could have the most affect on TiVo's lawsuits against Verizon and AT&T, but right now we're just going to go grab (another) Snickers, this one will be going on for a long while yet.
DISH Network and EchoStar Statement Regarding PTO Ruling
ENGLEWOOD, Colo., June 8 /PRNewswire-FirstCall/ -- DISH Network L.L.C., a subsidiary of DISH Network Corporation (Nasdaq: DISH), and EchoStar Technologies L.L.C., a subsidiary of EchoStar Corporation (Nasdaq: SATS), issued the following statement regarding recent developments in TiVo vs. EchoStar Communications Corporation:
"We are pleased the Patent and Trademark Office issued a Final Office Action maintaining its rejection of the software claims of TiVo's patent. These software claims are the same claims that EchoStar was found to have infringed in the contempt ruling now pending for en banc review by the Federal Circuit. In the Final Office Action, three examiners of the PTO considered TiVo's response and, in a detailed 32-page decision, finally concluded that the software claims were unpatentable in view of two prior art references."
About DISH Network
DISH Network L.L.C., a subsidiary of DISH Network Corporation (NASDAQ: DISH), leads the pay-TV industry in technological breakthroughs and provides more than 14.3 million satellite TV customers, as of March 31, 2010, with the highest quality programming and technology at the best value. Customers have access to the most HD channels, the most international channels, state-of-the-art interactive TV applications, and award-winning HD and DVR technology including the ViP 922 SlingLoaded DVR, the world's only DVR with TV Everywhere functionality. DISH Network Corporation is included in the Nasdaq-100 Index (NDX) and is a Fortune 200 company. Visit www.dish.com, follow on Twitter, @dishnetwork (www.twitter.com/dishnetwork), or become a Fan on Facebook, www.facebook.com/dishnetwork.
About EchoStar Corporation
EchoStar Corporation (Nasdaq: SATS) provides equipment sales, digital broadcast operations, and satellite services that enhance today's digital TV lifestyle, including products from Sling Media, Inc., a wholly owned subsidiary. Headquartered in Englewood, Colo., EchoStar has 25 years of experience designing, developing and distributing advanced award-winning television set-top boxes and related products for pay television providers and creates hardware and service solutions for cable, telco, IPTV and satellite TV companies worldwide. The company includes a network of 10 digital broadcast centers. EchoStar also delivers satellite services through 10 owned and leased in-orbit satellites and related FCC licenses. Visit www.echostar.com.
TiVo Statement on Decision by United States Patent and Trademark Office
ALVISO, CA -- (Marketwire) -- 06/08/2010 -- TiVo Inc., the creator of and a leader in television services and advertising solutions for digital video recorders (DVRs), offered the following statement on the United States Patent and Trademark Office (PTO) decision.
"While TiVo is disappointed with this recent PTO office action, this is just one of several steps in the review process. We will continue to work with the PTO to explain the validity of the claims under review. It is important to note that TiVo received a "final action" holding several claims invalid during EchoStar's first reexamination request at this juncture only to have the PTO ultimately uphold the validity of all claims of the patent.
Moreover, the PTO proceeding is separate and apart from the ongoing litigation against EchoStar and does not impact the current United States Court of Appeals en banc review of the district court's finding of contempt against EchoStar and the related injunction."
About TiVo Inc.
Founded in 1997, TiVo Inc. (NASDAQ: TIVO) developed the first commercially available digital video recorder (DVR). TiVo offers the TiVo service and TiVo DVRs directly to consumers online at www.tivo.com and through third-party retailers. TiVo also distributes its technology and services through solutions tailored for cable, satellite, and broadcasting companies. Since its founding, TiVo has evolved into the ultimate single solution media center by combining its patented DVR technologies and universal cable box capabilities with the ability to aggregate, search, and deliver millions of pieces of broadband, cable, and broadcast content directly to the television. An economical, one-stop-shop for in-home entertainment, TiVo's intuitive functionality and ease of use puts viewers in control by enabling them to effortlessly navigate the best digital entertainment content available through one box, with one remote, and one user interface, delivering the most dynamic user experience on the market today. TiVo also continues to weave itself into the fabric of the media industry by providing interactive advertising solutions and audience research and measurement ratings services to the television industry. www.tivo.com