Texas Court To Consider TiVo's Request For Sanctions Against Dish
DVR Maker Has Asked for Nearly $1 Billion in Contempt Sanctions
By Todd Spangler -- Multichannel News, 7/15/2009 5:00:06 PM EDT
A federal judge in Texas has scheduled a July 28 hearing regarding TiVo's request for nearly $1 billion in contempt-of-court sanctions from Dish Network.
The U.S. District Court of the Eastern District of Texas last month ordered Dish to disable an estimated 4 million DVRs and pay TiVo $103 million in additional damages plus interest, after ruling the satellite TV operator's proposed workaround still infringed TiVo's so-called Time Warp patent.
Earlier this month, the U.S. Court of Appeals for the Federal Circuit granted Dish's request to stay that order. Meanwhile, TiVo filed a motion in the district court asking for almost $1 billion in contempt sanctions against the satellite TV operator.
In the Texas court, Dish argued in a motion to suspend proceedings on TiVo's sanctions demand that any additional proceedings were "no longer appropriate" given the stay order by the appeals court. Judge David Folsom denied that motion Tuesday.
The appeals court "merely stayed the injunction in this case and stayed this court's order that EchoStar take certain steps (i.e. disable DVR functionality) in light of the injunction," Judge Folsom wrote.
The judge noted, however, that the court will stay the enforcement of any sanction pending resolution of Dish's appeal. The U.S. Court of Appeals for the Federal Circuit has requested expedited scheduling of the case for November.
In a statement, Dish said, "We are pleased that the district court stayed enforcement of any sanctions pending our appeal."
TiVo declined to comment.
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