US District Judge David Folsom Friday ordered Dish Network and Echostar Corp to shell out an additional almost $200 million to TiVo Inc., saying that they had violated a permanent injunction resulting from a lawsuit filed in 2004. Earlier, after TiVo won the initial lawsuit, Dish was ordered to pay $105 million.
In its lawsuit, TiVo has alleged that the distribution of digital video recordings (DVRs) by Dish contained a facsimile of TiVo's patented "Time Warp" feature, which enables users to re-wind or ‘pause’ a live TV telecast. After losing the original infringement case, Dish and Echo filed an appeal, while they attempted the reprogramming of the set-top boxes with a workaround for the contentious technology.
Though the two sister-companies supposedly downloaded modified software to DVR's used by the customers, TiVo still protested that the workaround software continued to infringe its patent; and won through an injunction in a District court.
TiVo has also sought all the DVR profits that Echostar made during the time-period in which it was in contempt of the injunction – putting the figures at an estimated $974.5 million; while Echo suggested the earlier-decided infringement fine of $1.25 per customer per month.
However, Judge Folsom, unconvinced by suggestions put forth by both the parties, ordered a rate of $2.25 per DVR subscriber per month, totaling up to nearly $192.7 million!












