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Court Denies TiVo's Injunction Request

Although TiVo Corp. won a significant victory in April against Englewood, Colo.-based EchoStar Communications Corp. for infringing on its key patent, its attempt to secure a permanent injunction against EchoStar's DVR products was unsuccessful.

On Oct. 3 the U.S. Court of Appeals for the Federal Circuit rejected TiVo's request for an injunction, allowing EchoStar to continue to sell the contested products.

The disputed patent relates to technology that allows TiVo subscribers to record one program while watching something different. On April 13, a Texas jury awarded TiVo a $74 million verdict against EchoStar. But the court declined to permanently enjoin EchoStar from producing the disputed product while it appeals the verdict and seeks to invalidate TiVo's patent.

"We are pleased the Federal Court found that EchoStar has a 'substantial case on the merits' and blocked the Texas decision for the duration of the appeal," EchoStar said in a statement. "This action by the Federal Court reinforces our belief that the Texas court made significant errors during the trial process and we look forward to complete vindication of our position."

Staff Writer

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