In surprise, appeals court grants Dish Network full-court review of TiVo case

By AP
Friday, May 14, 2010

Appeals court grants Dish review of TiVo case

PHILADELPHIA — A federal appeals court in Washington has granted satellite TV company Dish Network a surprise, full-court review of a ruling it had earlier lost to TiVo.

Dish CEO Charlie Ergen himself acknowledged that getting a review granted was unlikely. Dish risked having to disable millions of digital video recorders if it loses again.

DVR pioneer Tivo Inc. had sued Dish Network Inc. for patent infringement. A three-judge panel on March 4 sided with TiVo. On Friday, the U.S. Court of Appeals for the Federal Circuit granted Dish the review it wanted and set aside the March ruling.

Shares of TiVo are down by $6.60, or 38 percent, to $10.79 in midday trading. Dish shares are up $1.31, or nearly 6 percent, to $23.27.

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