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 . . .

A company called VoloMedia announced yesterday that they have been awarded a U.S. Patent for podcasting.  The referenced patent was issued on July 28, 2009, and is titled Method for Providing Episodic Media Content.

In the press release, VoloMedia explains that although today’s podcasting is currently 100% RSS-based, their newly awarded patent covers all episodic media downloads, covering endless potential technological advances in the future for episodic media content.  While they claim a desire to continue to work collaboratively with key participants in the industry, the press release carries an undercurrent of warning to uncooperative players.  Specifically the wording “we would expect new entrants into the podcasting arena to have a collaborative relationship with VoloMedia.”   Watch out Hulu, they specifically pinpoint you as a possible future infringer!

In addition, the press release mentions this is just a first in a series of expected patents VoloMedia anticipates in their issuance pipeline.  It will be interesting to see what comes out next.

Microsoft managed to land a patent grant for emotiflags this past week despite well-known prior usage.  The IP team member at Microsoft who received the Notice of Allowance sent a blast email including a  :)

Lotus notes users, however, responded to the news with a  :(

Although it sounds like a parody of the likes of Despair.com, this patent news is actually a real occurrence.  One can’t be sure what the USTPO was emoting at the time of allowance.

Read more here.

Breaking report from ZatzNotFunny! reveals the recent filing by TiVo seeking $1 billion in contempt sanctions from DISH/EchoStar in the patent dispute involving DVR technology.  Last fall, EchoStar announced they were finally going to pay up the $104 million jury award to TiVo since the Supreme Court denied their petition for certiorari.  The contempt sanctions now sought stem from the injunction granted against EchoStar and the infringing DVRs.  Think EchoStar wants to hit rewind?

In the wake of the recent death of Michael Jackson, many worldwide are remembering his music, his dancing, and the early years in the Jackson 5.  But how many remember him as an inventor and patentee?  Perhaps the attorney who drafted the patent application, or Examiner Patterson, who recognized the inventive novelty during prosecution.  I’ll venture to guess few even knew Michael Jackson also wore the inventor hat in addition to that cool fedora.  Read more here.