A federal court ruled Tuesday that EchoStar's patent-infringement
lawsuit against TiVo may proceed, in a case that is separate from the
DVR company's still-pending litigation against EchoStar and Dish
The U.S. District Court for the Eastern District of Texas
entered an order lifting its stay of EchoStar's patent-infringement
suit against TiVo, which alleges TiVo violates U.S. Patent No. 6,208,804
("Multimedia Direct Access Storage Device and Formatting Method").
Originally, EchoStar said TiVo infringed four patents but three of those
claims were thrown out.
The EchoStar lawsuit, filed in 2005, is
independent of TiVo's lawsuit against EchoStar and Dish in which the
satellite operator was found to have violated the TiVo "Time Warp"
patent. TiVo is still awaiting a decision from the U.S. Court of Appeals for the Federal Circuit
in that suit, after arguments were presented to the court in November
2010. The appeals court is considering whether a Texas district court's
injunction ordering the satellite operator to disable millions of DVRs
that infringe a key TiVo patent -- as well as the appeals court's
subsequent upholding of that injunction and contempt finding -- were