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The legal battle continues, and it just got more interesting!
The TiVo patent at the center of this controversy is currently embroiled in reexamination proceedings with the USPTO. Monday, August 3, 2009, the USPTO rejected two of the patent claims in the TiVo patent in a preliminary finding of invalidity. The rejected claims, claims 31 and 61, cover the features that allow TV shows to be stored and played back.
This could be the break EchoStar needs to swing the legal proceedings in it’s favor, and at the least bolster their arguments on appeal. In response to the USPTO action, however, TiVo issued a press release today, which stated: “This is an initial step in the lengthy process known as ‘reexamination,’ and it is not unusual for the PTO to provide a preliminary finding of invalidity and to then later find that the claims are valid after hearing an explanation from the patent owner.”
The saga continues . . .