Dish, EchoStar happy on TiVo development

DISH Network Corp and EchoStar Corp said on Tuesday they were pleased the Patent and Trademark Office (PTO) issued an initial office action rejecting TiVo Inc's software claims as invalid. Dish and EchoStar said they believe the PTO's conclusions are highly relevant to the issues on appeal, as well as the pending sanctions proceedings in court. TiVo said the PTO's preliminary finding will not affect EchoStar's appeal of the June 2009 ruling by the United States District Court for the Eastern District of Texas finding EchoStar to be in contempt of court. It said it was not unusual for the PTO to provide a preliminary finding of invalidity and to later find the claims are valid after hearing an explanation from the patent owner.