Washington - The U.S. Patent and Trademark Office (PTO) has reaffirmed the validity of TiVo’s (NASD: TIVO) "Time Warp" digital video recorder patent, in a second reexamination requested by rival EchoStar (NASD: SATS) — with whom the company has been embroiled in a years-long patent battle. "This decision by the PTO is final and not appealable by EchoStar. Today’s decision further validates our IP and brings us closer to ending EchoStar’s ongoing infringement," TiVo said in a statement.
The companies are simultaneously battling in court, after a 2004 ruling found that EchoStar and DISH Network set-tops were infringing TiVo patents.
The U.S. Court of Appeals for the Federal Circuit agreed in May to reconsider its ruling affirming TiVo’s patent, in an en banc hearing for which arguments are scheduled on Nov. 9.
"We remain confident that the United States Court of Appeals for the Federal Circuit will uphold and enforce an injunction against EchoStar’s ongoing willful infringement of the Time Warp Patent," TiVo added.
Shares of TiVo rose as much as 22% on the PTO news Wednesday.
(DMW previous coverage)