A jury in Tex. will learn more than jurors ever wanted to know ab...
A jury in Tex. will learn more than jurors ever wanted to know about DVR gear, as EchoStar and TiVo argue as to whether EchoStar stole TiVo’s “time warp” patent, in an infringement case that opened Wed. in Marshall,…
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Tex. The case hinges on whether EchoStar’s DVR uses TiVo technology. TiVo wants heavy but undisclosed damages, pegged at $100 million by analysts. An EchoStar motion to transfer the TiVo case to federal court in Cal. was denied. News reports said the federal courts in Marshall and other east Tex. cities are known for fast work on patent cases. An EchoStar spokeswoman had no comment on the day’s opening remarks by lawyers for both sides. EchoStar said in a March 10K filing it “intends to vigorously defend this case.” But should Dish Network lose the time warp fight, it may face substantial damages -- perhaps 3 times what jurors fix as lost TiVo revenue, the EchoStar filing warned. Damages could include “treble damages and/or an injunction that could require us to materially modify certain user-friendly features that we currently offer consumers,” Dish said. The TiVo suit alleges infringement of U.S. Patent No. 6,233,389 for pausing live TV. An EchoStar suit against TiVo and Humax U.S.A. alleges infringement of 4 U.S. patents on DVR technology. An EchoStar spokeswoman said she didn’t know what the 4 countersuit patents protect.