TiVo won a key victory in its legal battle to reclaim the DVR technology it pioneered after a federal appeals court affirmed that EchoStar and Dish Network have been illegally using the software. TiVo shares rose $2.15, or 32%, to $8.95 on the Nasdaq Stock Market. Dish Network declined six cents to $28.33, while EchoStar rose 24 cents to $28.5

Ask EngadgetHD: "I want an unbiased opinion, and more importantly, the facts. DISH Network is looking more and more like the leading HD provider with its weekly HD additions this past fall...[Now], Comcast, is running ads stating that it has More, More, More HD. My question is simple: who has more HD channels including HD VOD?"

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EchoStar Communications Corp infringed a TiVo Inc patent in building digital video recorders and must pay nearly $74 million in damages, a court that specializes in patent cases ruled on Thursday. Once the appeal is final, EchoStar will be barred from selling the infringing devices, the ruling said. EchoStar said it already had a substitute box.

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