NEW YORK ( TheStreet) -- TiVo ( TIVO - Get Report) shares are spiking today after the United States Patent and Trademark Office (PTO) reaffirmed the validity and terms of TiVo's patent on its Time Warp software used in its DVRs.

TiVo said in a press release that it is one step closer to winning it's legal battle with EchoStar ( SATS - Get Report) and Dish Network ( DISH - Get Report).

The legal wranglings began in 2004 when TiVo accused satellite TV provider EchoStar's Dish Network system of violating TiVo's Time Warp patent. The Time Warp software allows users to record one television program while watching another. TiVo also said that the PTO's decision is final therefore cannot be appealed by EchoStar.

"Today's decision further validates our IP and brings us closer to ending EchoStar's ongoing infringement," TiVo said in its release. "Moreover, we remain confident that the United States Court of Appeals for the Federal Circuit will uphold and enforce an injunction against EchoStar's ongoing willful infringement of the Time Warp patent."

Last month at the Goldman Sachs ( GS) Communacopia conference in New York, TiVo's CEO Tom Rogers said that the conclusion of the lawsuit is expected to be in February or March of 2011.

"We look at the Dish litigation as something we're going to win," Rogers said.

TiVo shares are up more than 10% and are trading above $10.

-- Written by Theresa McCabe in Boston.

>To contact the writer of this article, click here: Theresa McCabe.

>To follow the writer on Twitter, go to @TheresaMcCabe.

>To submit a news tip, send an email to: tips@thestreet.com.

Disclosure: TheStreet's editorial policy prohibits staff editors and reporters from holding positions in any individual stocks.