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Edition: U.S. Article Comments (0) Save Email Print Reprints Most Popular Most Shared UPDATE 2-US Democrats would kill healthcare over abortion 3:26pm EST Obama seeks to push healthcare to final vote | Video 03 Mar 2010 Democrats would kill healthcare over abortion 10:36am EST Greece could sell islands to cut debt - German MPs 3:40am EST California students protest fees 3:00am EST British granny takes French party scene by storm 9:17am EST Greece could sell islands to cut debt - German MPs 3:40am EST UPDATE 2-US Democrats would kill healthcare over abortion 3:26pm EST CORRECTED: Fish oil makers, drugstores, sued over supplements 03 Mar 2010 Facebook CEO in no rush for IPO 9:01am EST TiVo wins ruling in EchoStar case, shares soar SAN FRANCISCO Thu Mar 4, 2010 2:50pm EST Related News Tivo shares rally on court ruling, Dish Network falls 11:50am EST TiVo unveils set-top box for video from TV, Web Tue, Mar 2 2010 TiVo unveils set-top box for video from TV, Web Tue, Mar 2 2010 UPDATE 4-Dish Network rev rises on subscriber additions Mon, Mar 1 2010 A screen shows Internet services available through an broadband-connected TiVo digital video recorder at the Consumer Electronics Show in Las Vegas, Nevada January 5, 2006 file photo. Credit: Reuters/Steve Marcus SAN FRANCISCO (Reuters) - A federal appeals court affirmed on Thursday a contempt finding against Dish Network Corp and EchoStar Corp in their long-running patent case against digital video recorder maker TiVo Inc, sending TiVo shares soaring 52 percent. Asian Markets | Media The U.S. District Court for Eastern Texas had previously imposed contempt sanctions against sister companies Dish and EchoStar for violating a court-ordered permanent injunction to stop making and selling DVRs. TiVo had sued EchoStar back in 2004, and a jury found that its DVR technology infringed TiVo patents. Analysts hailed the ruling as a huge win for TiVo, one that potentially opens up major new market and licensing opportunities. TiVo's options volume heated up to 14 times the norm in afternoon trading. In all, about 191,000 calls and 75,000 puts had traded, according to option analytics firm Trade Alert. Janney Montgomery Scott analyst Tony Wible recommended that clients "buy the stock aggressively up to $15." "Today's overwhelming victory significantly improves TiVo's ability to win new business and the rates it can demand for its technology from future deals, while also improving penetration of its DVR advertising platform," he wrote in a research note. He said the ruling should also help TiVo in its litigation against AT&T Inc, Verizon Communications Inc, and Microsoft Corp. TiVo said it was pleased with the appeals court ruling, and said it paves the way for the company to receive $300 million in damages and contempt sanctions awarded to it for EchoStar's infringement through July 1, 2009. TiVo said it plans to seek further damages and contempt sanctions for infringement after July 1. HURTING DISH Bernstein Research analyst Craig Moffett said the court decision could lead to the complete disablement of as many as 8 million Dish DVRs, and said the company now has little leverage in any settlement negotiations with TiVo. "The ruling opens the door for TiVo to now negotiate a commercial settlement with Dish with the proverbial gun to the head," he wrote in a research note. Moffett said he expects a much higher settlement on DVR licensing fees than the historical precedent of $1 to $2.25 per unit a month. Dish was spun out of EchoStar in 2008. Dish and EchoStar claimed they had modified some components of the DVRs Dish continued to sell so that they would no longer infringe TiVo's patents. In a statement, the companies expressed disappointment with the appeals court ruling, made by a three-judge panel, and said they will seek a review by the full court. Dish and EchoStar said their DVR customers are not affected by the ruling, and said they will propose "new design-around" DVR technology to the district court for approval. Shares of Alviso, California-based TiVo were up 52 percent at $15.52 in afternoon trading on the Nasdaq. Shares of Dish Network were down 4.4 percent at $20.75. The case is TiVo Inc vs Echostar Corporation, Case No. 2009-1374, United States Court of Appeals for the Federal Circuit. (Reporting by Gabriel Madway; additional reporting by Doris Frankel; Editing by Gerald E. McCormick and Robert MacMillan) Asian Markets Media Add a Comment More from Reuters Citi's Pandit blesses reforms amid watchdog doubts WASHINGTON (Reuters) - Citigroup Inc Chief Executive Vikram Pandit on Thursday voiced support for key Obama administration financial reform goals, including a consumer protection authority, but government watchdogs questioned his earnestness. White House cranks up pressure on healthcare Jobless, productivity data lift recovery hopes SEC accuses "America's Prophet" of investor fraud Fewer discounts help stores weather February snow | Video Levin to take over House Ways and Means panel » More Top News "A lot of funny stuff going on" The bailout drama took a new turn -- and taxpayers a big hit -- in an unusual deal that some are calling an outrageous giveaway. Full Article Treasury: No choice on Citi investment Where are the ethics? Economy Amateur captures tsunami Amateur video shows a tsunami surging through a small Chilean fishing village in the moments after a massive earthquake. Video Chile keeps shaking, rattling survivors Price gouging adds to misery Natural Disasters © Copyright 2010 Thomson Reuters Editorial Editions: Africa Arabic Argentina Brazil Canada China France Germany India Italy Japan Latin America Mexico Russia Spain United Kingdom United States Reuters Contact Us Advertise With Us Help Journalism Handbook Archive Site Index Video Index Analyst Research Mobile Newsletters RSS Podcasts Widgets Your View Labs Thomson Reuters Copyright Disclaimer Privacy Professional Products Professional Products Support Financial Products About Thomson Reuters Careers Online Products Acquisitions Monthly Buyouts.com Buyouts Europe: Buyouts Conferences: Venture Capital Journal EVCJ International Financing Review International Securitisation Report Project Finance International PEhub.com PE Week Thomson Reuters is the world's largest international multimedia news agency, providing investing news, world news, business news, technology news, headline news, small business news, news alerts, personal finance, stock market, and mutual funds information available on Reuters.com, video, mobile, and interactive television platforms. Thomson Reuters journalists are subject to an Editorial Handbook which requires fair presentation and disclosure of relevant interests. NYSE and AMEX quotes delayed by at least 20 minutes. Nasdaq delayed by at least 15 minutes. For a complete list of exchanges and delays, please click here.

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