In a setback to satellite operator Echostar, (NSDQ: DISH) the US Patent and Trademark Office has upheld the validity of TiVo’s (NSDQ: TIVO) “Time Warp” patent, which covers the simultaneous storage and playback of programs. EchoStar had requested that the patent be re-examined, as part of its effort to overturn a patent infringement judgment against the company. A statement released by TiVo states that the USPTO’s decision can not be appealed by EchoStar, though this doesn’t have any effect EchoStar’s appeal to the Federal Circuit. TiVo stock is soaring on the news, as it’s currently trading up nearly 25 percent, while EchoStar is down slightly.
TiVo statement | EchoStar statement

• Court Rules EchoStar DVRs Infringe On TiVo Patents Order To Disconnect Is Stayed