Court Decides Dish Network Corp. Appeal Warrants Consideration

TiVo Inc. (TIVO) is now down over 30% on news that United States Court of Appeals for the Federal Circuit has decided Dish Network Corp. (DISH) appeal warrants consideration in patent-infringement case.

The court said its March 4, 2010 opinion is vacated, and the appeal is reinstated.

“The court granted Defendants-Appellants leave to file a reply in support of the petition. The court also granted leave to Five Law Professors to file a brief as amici curiae in support of the petition. The petition for rehearing was considered by the panel that heard the appeal, and thereafter the petition for rehearing en banc, the response to the petition, the reply, and the brief of the amici curiae were referred to the circuit judges who are authorized to request a poll on whether to rehear the appeal en banc. A poll was requested, taken, and the court has decided that the appeal warrants en banc consideration”.

TiVo sued Dish in 2004 for infringement of its real-time TV pausing and rewinding features.

See court document here

Shares of Dish, which is based in the Englewood, Colo., rose $1.08 to $23.03.

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