TiVo aggressively defends "Time Warp" digital video recorder technology.
When EchoStar sought to have damages to TiVo reversed using the re-examination process, TiVo turned to Sterne Kessler to defend its key patent.
In 2004, TiVo filed suit in the Eastern District of Texas alleging that EchoStar infringed a number of claims in TiVo's key "Time Warp" digital video recorder ('DVR') technology patent. After a trial in March-April 2006, the jury rendered a verdict finding that all of Echostar's accused products had infringed each of the asserted claims and that the infringment was willful. The jury awarded initial damages to TiVo in the amount of $74 million; the judge increased TiVo's damages against EchoStar to almost $90 million.
EchoStar then filed a request for re-examination of the "Time Warp" patent. On the specific subject of reexaminations at the U.S. Patent and Trademark Office (USPTO), we've represented both requestors and patent owners. TiVo turned to Sterne Kessler to represent the company in this re-exam proceeding after a stay was ordered in EchoStar's countersuit against TiVo of the key "Time Warp" patent.
Our team was successful in having all of the "Time Warp" patent claims confirmed without any amendments. This was key to preventing EchoStar from re-litigating the damage award.
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