NEW YORK ( TheStreet) -- TiVo ( TIVO - Get Report) and EchoStar ( SATS - Get Report) will appear before Federal judges tomorrow to present oral arguments in their ongoing patent infringement battle.

The companies have been engaged in a legal battle since 2004 when TiVo accused satellite TV provider EchoStar's Dish Network ( DISH - Get Report) system of violating its Time Warp patent. The Time Warp software allows users to record one television program while watching another.

In April 2006, a Texas jury found that satellite EchoStar had infringed on TiVo's patent claims. TiVo was awarded $74 million in damages and EchoStar was ordered to disable all of its DVRs.

EchoStar then redesigned its DVR software to work around TiVo's patent, and did not disable any of its DVRs. In 2009, the trial judge found that the 'work around' still infringed on the patent, and that EchoStar had violated the court's orders by refusing to disable its DVRs.

In response, EchoStar requested that the United States Patent and Trademark Office (PTO) examine the validity of TiVo's patent. When the PTO finally agreed to do so, it reaffirmed the validity and terms of TiVo's patent.

Following this finding TiVo said it was confident that it would win the legal battle.

"Today's decision further validates our intellectual property and brings us closer to ending EchoStar's ongoing infringement," TiVo said in an Oct. 6, 2010 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."

Per EchoStar's request, the Court of Appeals has agreed to hear case. The companies will present their oral arguments tomorrow, Nov. 9, before the full or "en banc," Federal Circuit judges.

Last month, at the Goldman Sachs ( GS) Communacopia conference in New York, TiVo's CEO Tom Rogers said he expected the lawsuit to conclude between February and March of next year.

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

-- Written by Theresa McCabe in Boston.

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