NEW YORK (Reuters) - Verizon Communications has dismissed a patent from its case against TiVo Inc, leaving the telephone company with only patent claim against the digital video recorder developer.
“The filing today doesn’t affect the substance of Verizon’s case or our likelihood of success. These were simply procedural steps,” Verizon spokesman Ed McFadden said.
The company had originally filed six patent claims against TiVo related to video-recording technology.
TiVo declined to comment.
MDC analyst Michael Cohen said the dismissal is “incrementally good” for TiVo because none of its patents have been dismissed, while Verizon has had five dismissed.
Cohen said he expects a trial for the case to start in October unless the companies settle.
In January, AT&T Inc agreed to pay TiVo at least $215 million plus monthly licensing fees to settle patent litigation.
Verizon said in a court document filed on Friday that it was dismissing U.S. Patent 6,367,078 from the case, which would prevent it from later asserting the patent against TiVo.
The case is TiVo Inc vs Verizon Communications at United States District Court for the Eastern District of Texas, Marshall Division Case No 2:09-cv-257-JRG.
Reporting By Sinead Carew; Editing by Richard Chang