Following the Supreme Court’s decision Monday not to hear the case, DISH Network yesterday paid TiVo $104,600,472. That covers the initial $74 million damages award, plus interest and supplemental damages through September 8, 2006. TiVo is still pursuing additional damages and seeking to enforce the injunction against DISH in the District Court of Texas. TiVo issued the following statement:
“We are pleased to have received $104,600,472 from EchoStar on October 8, 2008, which includes the initial $74 million in damages awarded by the United States District Court for EchoStar’s willful patent infringement as well as supplemental damages covering the period through September 8, 2006 and interest. We remain confident that the District Court will enforce the injunction and award further damages from EchoStar’s continued infringement of our Time Warp patent.”
Judge Folsom in Texas had said he’d try to render his decision by October 1, but that it may come as late as November. As the decision has not yet been delivered, we may have a few more weeks before the final word. Then, of course, DISH there could be further appeals of his decision.