Dish Subs Can Still Use DVRs

D.C. appeals court stays injunction against use of devices in latest chapter of EchoStar-TiVo patent fight

By John Eggerton -- Broadcasting & Cable, 7/1/2009 9:13:20 PM

Dish Network subscribers can continue to use their DVRs. That was the upshot of a ruling by the the Federal Appeals Court for the D.C. Circuit Wednesday.

The court granted a stay of a lower court injunction against use of the devices. That court found that EchoStar Corp., which asked for the stay and supplies the equipment to co-owned Dish, was in contempt for not disabling the devices during its patent fight with TiVo.

The D.C. Circuit had temporarily stayed the injunction earlier this month while it considered Dish's request for a longer stay in order to appeal the decision by the East Texas District Court to the D.C. Circuit.

To get the stay, Dish had to show a "strong likelihood of success on the merits," or, if it couldn't do that, at least demonstrate it had a "substantial" case and that harms of leaving the injuction in place argued for the stay.

The court did not say which standard the company had met, so as not to prejudice the outcome of the appeal, but said it had met its burden.

The court said EchoStar had file its opening brief by July 17, with TiVo's brief due Aug. 25, and EchoStar's reply due Sept. 4.

The court said it would try to place the oral argument on the calendar for November, "if practicable."