The US Patent and Trademark Office has rejected a claim by TiVo that it holds a patent on so-called timewarp DVR technology.
In a statement TiVo said it was disappointed with the ruling, which it sought to distance from its long-running legal battle with the Dish Network that until recently had leaned towards the DVR developer. “We will continue to work with the PTO to explain the validity of the claims under review. It is important to note that TiVo received a ‘final action’ holding several claims invalid during EchoStar’s first re-examination request at this juncture only to have the PTO ultimately uphold the validity of all claims of the patent.”
In contrast, Dish Network said it was pleased with the ruling. “These software claims are the same claims that EchoStar was found to have infringed in the contempt ruling now pending for en banc review by the Federal Circuit.”
The Multimedia Timewarping System patent allows the user to store a selected programme while simultaneously watching another.
In March the United States Court of Appeals in Washington agreed to a request by satellite platform Dish for a full review of its patent dispute. The case began in 2004, when TiVo sued Dish over the ability of its technology to store and retrieve video from the DVR. Dish lost the case and subsequently redesigned the software to avoid any potential breach. However, a judge in a Texas court said Dish remained in breach of a permanent injunction he had imposed.
