TiVo-EchoStar Suit Stays in Texas


The Federal District Court for the Eastern District of Texas, Marshall Division, denied motions to dismiss and transfer TiVo Inc.'s patent-infringement case against EchoStar Communications Corp. and affiliated companies, TiVo said late Wednesday.

TiVo alleged in the case that EchoStar and certain subsidiaries are violating a key TiVo patent -- U.S. patent No. 6,233,389, issued to TiVo in May 2001, also known as the "Time Warp" patent.

The patent covers TiVo features including a method for recording one program while playing back another; a method for watching a show as it is recording; and a storage format that supports capabilities such as pausing live television, fast-forwarding, rewinding, instant replays and slow motion.

EchoStar had sought to transfer the case out of Texas, and two of the defendants argued that they were not subject to jurisdiction in Texas, but the court denied both motions.

Jury selection is scheduled to begin Oct. 4.