From Deseret News archives:
EchoStar won't get new trial in TiVo suit
Judge rules no new legal issues were raised in patent case
U.S. District Judge David Folsom in Marshall, Texas, said EchoStar hadn't raised any new legal issues to merit a new trial in the case.
EchoStar, based in Englewood, Colo., is trying to overturn a jury verdict that it infringes a TiVo patent and owes $89.6 million in damages.
The issues "were raised and decided at least once, if not several times, during the course of this litigation," Folsom said in a ruling issued Monday. In the same order, he refused to overturn the jury verdict.
The case now heads to the U.S. Court of Appeals for the Federal Circuit in Washington. The Federal Circuit, which specializes in U.S. patent law, last month said EchoStar can continue to provide its digital video recorder service while the appeal is pending.
TiVo, based in Alviso, Calif., produces set-top boxes that revolutionized video recording. It accused Echo-Star of infringing a patent on so-called "time warp" technology that lets users record one program while watching another.
EchoStar provides DVRs to as many as 4 million customers.
TiVo shares fell 18 cents, or 2.8 percent, to $6.26 in Nasdaq Stock Market trading. EchoStar shares fell $1.15, or 3.1 percent, to $35.46.
TiVo spokesman Whit Clay had no immediate comment. EchoStar officials didn't immediately return a message seeking comment.
