NEW YORK (Reuters) - a Federal Court of Appeal upheld a ruling that EchoStar TiVo digital recording technology patent infringement, raising hopes that could end the legal battle for a long time with a victory for TiVo.
TiVo shares shot up after the judgment, exchange of more than 30 percent higher in early afternoon.
The dates back to 2004, when TiVo accused TV satellite Dish Network Provider EchoStar violate TiVo patents for software of the anachronism that allows users to save a television program while watching another legal battle.
"The decision appears to be biased to the TiVo," said analyst Maxim Group Mark Harding. "I am optimistic about the company receives an award of damages, but potentially a licensing agreement with dish."
DISH Network and EchoStar are now businesses.
Harding did not have an estimate for how much TiVo might get Dish Network, but added that a licensing agreement could take the form of a "a large cash payment upfront."
The next step is for the combat of patent should be sent to a lower court in Texas, where the judge has the power to stop flat digital recorders that infringe on the patents of TiVo.
"Facing imminent closure of millions of DVRS, we believe flat is faced with a regulation of the gun to the head," said Bernstein analyst Craig Moffett in a research note.
Moffett added that close and alternate DVRS could flat cost of $ 3 billion, by saying that this figure could liquidate a "reference" on a "potentially very expensive" regulation with TiVo.
Flat said in a statement that he was working as quickly as possible to upgrade customers who could possess boxes covered by the pursuit of new digital recorders that use different technologies.
Flat added in the statement he was "disappointed" by the decision and intends to request a review, as well as to request the suspension of the injunction.
But some analysts said the decisions of the Court were not entirely to the TiVo and cannot lead to an immediate end to the fight. The Court of appeal of the United States for the Federal Circuit has been asked a lower court to reconsider how it arrived at its decision that EchoStar was defiance of a permanent injunction related to the infringement of a patent for the software of the anachronism of TiVo.
This decision, TiVo has stated that it "intends to continue the fastest path to resolution."
The long battle legal wrong capacity TiVo take advantage of its software patents. California TiVo, pioneer of the digital TV recording software, but has posted quarter after quarter of losses that cable companies crammed into its market with cheaper registration boxes.
(Additional reporting by Diane Bartz Washington; editing by Andre Grenon)
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