EchoStar hearing request denied

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NEW YORK -- TiVo on Friday said a federal appeals court has denied EchoStar's request to have a panel of judges rehear arguments related to their long-standing patent dispute.

TiVo, the maker of television recording technology, said the decision by the U.S. Court of Appeals for the Federal Circuit in Washington to deny EchoStar's request for a "rehearing en banc" brings their patent fight closer to a resolution.

In January, the court upheld a lower court's damage award of $74 million plus interest, saying that EchoStar infringed a TiVo patent in building digital video recorders. With interest, the damages would be $94 million.

An EchoStar spokeswoman was not available for comment.

That lower court had ruled that EchoStar's digital video recorders infringed what it called the "software" claims of a TiVo patent. But the appeals court reversed a portion of the lower court's decision that said the EchoStar devices also infringed on what it called "hardware" claims.

EchoStar has said it has developed and deployed 'next-generation' DVR software that does not infringe the TiVo patent at issue.

Shares of TiVo rose 8 cents, or about 1%, to $8.86 in afternoon trade on Friday. EchoStar shares fell 3.5% to $30.53 on Nasdaq.
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