(AP) – A federal appeals court has sided with TiVo in the second phase of its long-running patent lawsuit against Dish Network.
TiVo Inc. says the decision Thursday paves the way for the digital video recorder pioneer to collect about $300 million from Dish Network Corp. in damages and contempt sanctions it had been awarded.
TiVo has also sued AT&T and Verizon for allegedly infringing on certain DVR patents.
Shares of TiVo rose by $4.81, or more than 47 percent, to $15.02 in midday trading Thursday. Dish Network Corp. lost $1.23, or 5.7 percent, to $20.48.
Dish says it will seek a review of the three-judge panel's decision by the full U.S. Court of Appeals for the Federal Circuit.
Dish Network and EchoStar Technologies, a subsidiary of EchoStar Corp., released the following statement: "We are disappointed in the Federal Circuit's split decision but are pleased that Judge Rader agreed with our position. Therefore, we will be seeking en banc review by the full Federal Circuit. We also will be proposing a new design-around to the district court for approval. At this time, our DVR customers are not impacted."
And TiVo’s statement: "We are pleased that the United States Court of Appeals for the Federal Circuit fully affirmed the district court's finding of contempt against EchoStar, including both the disablement and infringement provisions. Additionally, this ruling paves the way for TiVo to receive the approximately $300 million in damages and contempt sanctions awarded to us for EchoStar's continued infringement through July 1, 2009. We will also seek further damages and contempt sanctions for the period of continued infringement thereafter. We will continue our efforts to protect our intellectual property from further infringement."
– CED’s Traci Patterson contributed to this report