TiVo Inc., the creator of and leader in television services for digital video recorders (DVR), announced that U.S. Court of Appeals for the Federal Circuit granted the request of EchoStar Communications Corp. ("ECC") to stay the permanent injunction imposed by the U.S. District Court to prevent ECC from making, using, offering for sale or selling in the United States the DVR products involved in the case (DP-501, DP-508, DP-510, DP-721, DP-921, DP-522, DP-625, DP-942, and all EchoStar DVRs that are not more than colorably different from any of these products) pending the outcome of ECC’s appeal.

TiVo sued EchoStar in Federal District Court on January 5, 2004, alleging that ECC and certain subsidiaries are violating a key TiVo patent (U.S. Patent No. 6,233,389 issued to TiVo in May 2001, known as the "Time Warp" patent). The Time Warp patent discloses systems and methods for the simultaneous storage and playback of programs, supporting advanced capabilities such as pausing live television, fast-forwarding, rewinding, instant replays, and slow motion. On April 13, 2006, a Marshall, Texas jury concluded that EchoStar had willfully infringed TiVo’s Time Warp patent.

"We are confident that the jury’s decision in TiVo’s favor will be upheld once the Federal Circuit has the opportunity to review the entire record in this case. It is important to note that most injunctions in patent cases are stayed pending appeal, and the appeal itself will be decided on a totally different standard of review," stated the company.

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