Patent Office Rejects TiVo's Timewarp Patent Claims

 <http://www.mediabiz.com/track/click/index.cfm/a/741/i/3206/s/13643/sr/2> 

The lawsuit exchange between TiVo and EchoStar got a little more interesting
this week when the U.S. Patent and Trademark Office (PTO) rejected some of
the the DVR maker's claims on its Multimedia Timewarping System patent.

The ruling effectively recharged EchoStar's position in the case and brings
the recent decision in TiVo's favor into question. 

"We are pleased that the Patent and Trademark Office issued an initial
office action rejecting Tivo's software claims as invalid in light of two
prior patents," EchoStar said in a statement. "These software claims are the
same claims that EchoStar was found to have infringed in the contempt ruling
now pending on appeal. We believe that the PTO's conclusions are highly
relevant to the issues on appeal as well as the pending sanctions
proceedings in the district court."

Despite the setback, TiVo of course remains optimistic about its position in
the case.

"It is not unusual for the PTO to provide a preliminary finding of
invalidity and to then later find that the claims are valid after hearing an
explanation from the patent owner," the company said. "TiVo believes that
the PTO's preliminary finding will not affect EchoStar's  appeal of the June
2009 ruling by the United States District Court for the Eastern District of
Texas finding EchoStar to be in contempt of court."

 

Source:  Sky Report August 5, 2009

 

 

 

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