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Time Warp

USPTO Provisionally Rejects Two of TiVo's Claims in the "Time Warp" Patent

--Patent Is at Center of Litigation between TiVo and DISH Network/EchoStar

The US Patent and Trademark Office (USPTO) has provisionally rejected two of the claims in TiVo's so-called "Time Warp" patent (US #6,233,389), which is at the center of a long-running lawsuit that the company has brought against DISH Network and the latter's spin-off company, EchoStar. (Note: the judge in the case, David Folsom, recently found DISH Network and EchoStar to be in contempt of court for having continued to infringe upon the TiVo patent via a supposed "workaround," and ordered DISH Network to disable nearly 4 million of its DVR's--a ruling that was subsequently stayed--and to pay TiVo an additional $103 million, plus interest, in damages.

TiVo Launches DVR Upgrade Promotion

--DISH Wins Stay of Order Requiring it to Disable its DVR's for Infringing on TiVo Patent

TiVo has launched a promotion designed to encourage users of its DVR service to upgrade to its HD DVR. "Beginning today, July 1st, TiVo will begin providing unique offers to dedicated customers that have owned a TiVo DVR for at least one year and are ready to upgrade to an HD DVR," the company said in a statement. "TiVo encourages customers to log onto their account through tivo.com as eligible customers can save $50 or more off of a new TiVo HD DVR.

DISH Network Says it is Investigating Workaround Options for TiVo's "Time Warp" Patent

--However, it Concedes that Doing So May Be Impossible

In a one-sentence filing with a US federal court earlier this week, US satellite-TV provider, DISH Network, said that it is attempting to find another workaround that would enable it to avoid infringing on TiVo's so-called Time Warp Patent. The company "is investigating other potential design-around options, but at this stage, does not know whether a further design-around is even possible," the filing stated, according to a report by Bloomberg News.

DISH Ordered to Pay TiVo an Additional $103 Million (Plus Interest) in "Time Warp" Patent Case

--Is Found in Contempt of Court, Must Disable Features on its DVR's

US District Judge David Folsom ruled Tuesday that DISH Network (formerly EchoStar Communications) owes TiVo $103 million (plus interest) in additional damages in the so-called "Time Warp" patent case between the companies, that it must disable certain features on DVR's that it offers its subscribers (according to news agency, Reuters, all but 193,000 of DISH's approximately 4 million deployed DVR's will be affected), and that its efforts to find a workaround for technologies that were previously determined to be T



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