Dish PVR Owners Can Breath a Large Sigh of Relief… For Now

TiVo's Motion to Strike is Denied_Page_1TiVo’s Motion to Strike is Denied_Page_1 Hosted on Zooomr

TiVo lost an important ruling in the U.S. Court of Appeals today in their long standing feud with Echostar. At issue was whether or not Echostar was going to have to turn off most of the PVRs on their user’s boxes after losing a patent infringement court case against TiVo in a Texas Court earlier this year.

Echostar is currently appealing the Texas court’s decision and had asked a Federal Appeals Court to suspend an injunction requiring them to turn off the PVRs on their users.

From the court document: “Because EchoStar’s DVR was found to infringe both the hardware and software claims, to obtain a stay of the injunction, EchoStar must show that it is likely to prevail on its arguments concerning both sets of claims. Based upon ou rreview of the motions papers, and without prejudicing the ultimate determination of this case by the merits panel, EchoStar has met its burden of showing that there is a substantial case on the merits and that the harm factors militate in its favor.”

You can read the entire court document by clicking through on the photo above and portaling through to pages 2 and 3.

Davis Freeberg has more here.

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