Appeals Court Temporarily Stays Order Requiring DISH to Disable its DVR's

A US appeals court has temporarily stayed part of the ruling issued by Judge David Folsom Tuesday in the so-called "Time Warp" patent case betweehttp://www.dishnetworks.comn TiVo and DISH Network (note: for a detailed overview of the ruling and of the history of the Time Warp patent case, see the article posted on June 3rd). In addition to ruling that DISH Network must pay TiVo an additional $103 million, plus interest, in damages in the case, and that the satellite-TV provider's attempts to find a workaround for the TiVo technology that it was previously found to be infringing upon put it in contempt of court, Judge Folsom ruled that DISH must disable all but 193,000 of its 4 million or so deployed DVR's. That part of the ruling has now been stayed, no doubt much to DISH Network's relief: the company (and its sister company, EchoStar, its former hardware arm which it spun off last year and which is also a party to the case) issued the following statement Wednesday: "We are pleased that the Federal Appeals Court in Washington temporarily stayed the district court's order in the Tivo litigation. DISH Network customers can continue using their DVR's. We believe that we have strong grounds for appeal."

In a statement of its own in response to the stay, TiVo said that it is "confident the US Court of Appeals will again uphold the District Court ruling and not permit EchoStar to further delay this case once it has an opportunity to consider TiVo's response and EchoStar's motion on the issue of the stay." The appeals court has given TiVo until June 10th to respond to the stay.

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