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Guest Message by DevFuse

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DirecTV Lawsuit?


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6 replies to this topic

#1 OFFLINE   rlambert7

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Posted 03 September 2006 - 09:34 AM

I have a feeling this might be QUITE old. I was talking to an acquaintence, yesterday. He has DTV, said he's had it 3 or 4 years. He mentioned a lawsuit between DTV and "the other one". I said, "Uh, Dish Network?" He said, "Yes", but did not sound too sure of himself.

Anyway, he said that DTV lost this particular lawsuit, but there was a temporary restraining order preventing the results of the lawsuit from being enforced against DTV. However, he thought it might go into effect "any time". He fears that his DVR might be "turned off". I asked if he had a "TiVO". He said that his was not a TiVO, but from what he described, it sure doesn't sound like a DTV R15, either (he said that to do a reset, he has to "press and hold" some button for 5 seconds).

So, if he doesn't have a Tivo or an R15, what could he have? Also, what's up with this lawsuit, especially with regard to R15 users?

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#2 OFFLINE   captain_video

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Posted 03 September 2006 - 09:46 AM

I believe you may be referring to the lawsuits Tivo had against Dish and DTV. Tivo won the lawsuit and Dish has been ordered to deactivate their DVRs or some other such nonsense. I believe there's a long thread on the topic over at the Tivo Community Forum. Dish has apparently gotten the order suspended for the moment until they can work something out.

Tivo had a lawsuit against DTV for copyright infringements regarding the new DTV DVRs but that has since gone away with the recent agreement between DTV and Tivo. Tivo agreed to drop the lawsuit when DTV renewed their agreement with Tivo for another three years. What this means is that DTV will still be supporting their Tivo-based DVRs until at least 2010.

#3 OFFLINE   Greg Bimson

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Posted 03 September 2006 - 10:07 AM

captain_video is basically correct.

There is no lawsuit between DirecTV and either Dish Network and TiVo. All litigation between DirecTV and Dish Network was dropped back in 2001 when Dish Network tried to buy DirecTV from Hughes.

This DVR lawsuit was between Dish Network and TiVo. TiVo won, and is currently seeking to have the stay of the injunction lifted that would prevent Dish Network to use DVR functions. That means TiVo is trying to get almost all DVR's in use by Dish Network shut down.

#4 OFFLINE   Mike D-CO5

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Posted 03 September 2006 - 10:28 AM

Funny, Directv lost $78 million in a dvr patent infringement lawsuit brought by Finister in June of this year. Yet they are getting to do a countersuit while Dish 's counter suit has been denied while they examine the patents for years. But no one is saying that Directv will lose their dvrs or lose their features. So it looks like their are dvr patent infringements for both companies.

#5 OFFLINE   Greg Bimson

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Posted 03 September 2006 - 11:07 AM

Funny, Directv lost $78 million in a dvr patent infringement lawsuit brought by Finister in June of this year.

Somewhat correct. Finisar sued DirecTV and won, for patent infringment, based upon a way to transmit and deliver bits an pieces of information into a massive database (think the program guide).

DirecTV is now doing what Dish Network did in the TiVo lawsuit: finding a way to invalidate the patent. The Patent and Trademark Office (PTO) sided with TiVo over Dish Network that TiVo's patents were valid; DirecTV is trying to invalidate the Finisar patent by having it overturned in the PTO's appeals process.

And DirecTV was never involved in any patent infringement for their DVR's; DirecTV and TiVo signed a licensing agreement the day before the jury gave a verdict in the TiVo v. Echostar case.

Yet they are getting to do a countersuit while Dish 's counter suit has been denied while they examine the patents for years.

No, DirecTV doesn't have a countersuit. DirecTV is trying to get the patent overturned at the PTO.

Dish Network's countersuit of TiVo on another DVR-based patent has been stayed (delayed), until a full review of the patent is done by the PTO. It appears Dish Network's lawyers did not bother to give the information needed by the judge to move the lawsuit forward.

But no one is saying that Directv will lose their dvrs or lose their features.

Technically, DirecTV won't lose their DVR's. DirecTV will lose all program guide information if an injunction is issued. There is some time to kill before any of that happens.

Funny enough, Dish Network has sued Finisar. Dish Network doesn't want to be caught up in the same type of lawsuit Finisar won over DirecTV. So Dish Network is suing for a declarative ruling that Dish Network does not violate Finisar's patent. The problem here is if Dish Network loses, Finisar gets easy picking for their next victim: Dish Network.

#6 OFFLINE   Mike D-CO5

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Posted 03 September 2006 - 04:51 PM

Thankyou for the detailed information, I stand corrected.


Do you have any investment information that I can use for my 401k ?;)

#7 OFFLINE   Greg Bimson

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Posted 03 September 2006 - 07:14 PM

Don't I wish. :)




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