The Associated Press reported that Dish Network said the court’s earlier ruling, in favor of TiVo, was based upon inaccurate testimony from a TiVo witness. A representative of Dish Network said the company had no comment on the petition.
In January, the Court of Appeals for the Federal Circuit in Washington, D.C., ruled that Dish Network had infringed on TiVo’s patent for digital video recorders (DVRs), and that Dish Network had to pay $94 million in damages (story here).
The three-judge appeals court panel agreed with a lower court’s decision that DVRs distributed by Dish Network, which was known as EchoStar Communications until late last year, had infringed on the software elements of TiVo’s patent.
TiVo sued EchoStar in 2004 for infringement of TiVo’s “time warp” technology, which allows DVR users to pause live television. The function allows viewers to watch one program while recording another.
In the January ruling, the appeals court panel overturned a lower court’s ruling that Dish had infringed on the hardware elements of TiVo’s patent (story here).
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