On Friday, thing seemed to be looking up for TiVo. The company, which has been on somewhat of a financial roller coaster over the past few years, was granted a permanent injunction, U.S. District Court Judge David Folsom, to prevent EchoStar from “making, using, offering for sale or selling in the United States their DVR products at issue in the case (DP-501, DP-508, DP-510, DP-721, DP-921, DP-522, DP-625, DP-942, and all EchoStar DVRs that are not more than colorably different from any of these products).” Judge Folsom also denied EchoStar’s request to stay the injunction pending appeal. Echostar was also ordered to pay TiVo $73.992 million in damages as awarded by the jury, plus $5.638 million in prejudgment interest $10.317 million in infringement damages.
The case, which was filed in 2004, was based on TiVo’s claim that Echostar violated a patent, specifically known as “Time Warp”, that allows a DVR to store and playback the same program, thus enabling the famous feature of “pause live TV,” as well as others. In April, a Texas court ruled in TiVo’s favor.
Friday’s ruling gave TiVo even more ground on which to stand. But before the ink was even dry on the ruling, the Federal Circuit Court of Appeals in Washington, D.C. temporarily blocked the injunction by the Texas court and has said it will consider a longer-term stay of that injunction. This will allow to continue it’s sale the its DVR products. The battle wages on.