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TiVo 'Confident' Patent Victory Over Dish Will Be Upheld

Responds to Federal Appeals Court Granting Dish Motion to Stay Lower Court's Order

By Todd Spangler -- Multichannel News, 7/2/2009 7:23:52 AM

TiVo said it was "confident" a federal district court's ruling that found Dish Network in contempt of an order to shut down DVRs that infringe the DVR maker's patent would be upheld on appeal.

The U.S. Court of Appeals for the Federal Circuit on Wednesday granted Dish's request to stay the contempt order imposed by a Texas district court pending the outcome of EchoStar's appeal.

"We are confident that the District Court judge's thorough and well-reasoned decision finding EchoStar in contempt of court for violating the injunction and awarding further damages will be upheld once the Federal Circuit has the opportunity to review the merits of the case," TiVo said in a statement released Thursday. "The Court of Appeals stayed the District Court's order the previous time this case was heard on appeal and ultimately affirmed the judgment against EchoStar."

The appeals court set an expedited schedule for the case, ordering it placed on the November schedule if possible.

TiVo said, "We are pleased that the court recognizes the urgency of ruling on this appeal and has ordered an expedited briefing schedule."

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