TiVo Loses USPTO Ruling On Software Claims In DVR Patent

The U.S. Patent and Trademark Office today issued a “final office action” which maintained its rejection of software claims In TiVo‘s (TIVO) DVR patent. The ruling triggered statements from both TiVo and from DISH Network (DISH), which is attempting to fight off a patent infringement claim from TiVo.

• DISH’s statement: “We are pleased the Patent and Trademark Office issued a Final Office Action maintaining its rejection of the software claims of TiVo’s patent. These software claims are the same claims that EchoStar was found to have infringed in the contempt ruling now pending for en banc review�by the Federal Circuit. In the�Final Office Action,�three examiners of the�PTO considered TiVo’s response and, in a detailed 32-page decision, finally concluded that�the software claims were�unpatentable in view of two prior art references.”
• TIVO’s statement: “While TiVo is disappointed with this recent PTO office action, this is just one of several steps in the review process. We will continue to work with the PTO to explain the validity of the claims under review. It is important to note that TiVo received a ‘final action’ holding several claims invalid during EchoStar’s first reexamination request at this juncture only to have the PTO ultimately uphold the validity of all claims of the patent. Moreover, the PTO proceeding is separate and apart from the ongoing litigation against EchoStar and does not impact the current United States Court of Appeals en banc review of the district court’s finding of contempt against EchoStar and the related injunction.”

In the regular session:

• TIVO fell 45 cents, or 5.5%, to $7.70.
• DISH rose 5 cents, or 0.3%, to $19.97.