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Supreme Court ignores EchoStar appeal against TiVo suit

The Supreme Court is refusing to hear EchoStar's appeal against a patent infringement suit brought against it by TiVo.

The Supreme Court announced Monday it is refusing to take up EchoStar Communications' appeal against a patent infringement suit filed against it by TiVo.

A jury in 2006 found that EchoStar's Dish Network digital video recorders infringed upon a patent held by TiVo and ordered it to pay TiVo $73.9 million in damages. A federal appeals court upheld the ruling in January, as did a second U.S. appeals court in April.

The Supreme Court's decision to deny EchoStar's appeal leaves the company responsible for paying full damages plus interest to TiVo--for a total of $104 million--and upholds a permanent injunction against EchoStar's infringing digital video recording products.

"We look forward to the expeditious receipt of damages awarded by the District Court covering the period through September 8, 2006 and remain confident that the District Court will enforce the injunction and award further damages from EchoStar's continued infringement of our Time Warp patent," TiVo said in a statement.

EchoStar said the court's decision was expected but that it does not affect its customers since the Dish DVRs in question have been equipped with a software design-around.

"We believe that the design-around does not infringe Tivo's patent and that Tivo's pending motion for contempt should be denied," the company said in a statement. "We look forward to that ruling in the near future."

TiVo first filed suit against EchoStar in 2004.