Tivo Lawsuit: Federal Court Blocks Injunction for the Length of the Appeals Process

Discussion in 'General DISH™ Discussion' started by Curtis52, Aug 17, 2006.

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  1. Aug 17, 2006 #1 of 456
    Curtis52

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  2. Aug 17, 2006 #2 of 456
    dswallow

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  3. Aug 17, 2006 #3 of 456
    Geronimo

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    As the link says "the ruling is appealable"
     
  4. Aug 17, 2006 #4 of 456
    dvbfan

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  5. Aug 17, 2006 #5 of 456
    Shellback X 23

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    Which DVR's are they? And which are the 192,708, any one specific model number?
     
  6. Aug 17, 2006 #6 of 456
    Richard King

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    The ones that are not in the injunction are the 7100 and 7200 models, their very earliest (I think).
     
  7. Aug 17, 2006 #7 of 456
    James Long

    James Long Ready for Uplink! Staff Member Super Moderator DBSTalk Club

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    {Threads Merged}

    I like the way that is worded ... all the receivers are infringing, but they only have to turn off the DVR in all but 192,708 of them. So E* is allowed to keep "infringing" on those receivers?
     
  8. Aug 17, 2006 #8 of 456
    dswallow

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    Since the court awarded profit damages for 192,708 products that probably means Echostar can pick any 192,708 DVR's and leave them active.



    From http://www.marshallnewsmessenger.com/local/content/shared/news/stories/TIVO_ECHOSTAR_0414_COX.html

    The jury found TiVo lost sales of 192,708 products because of EchoStar and awarded $32,663,906 in lost profit damages.
     
  9. Aug 18, 2006 #9 of 456
    Delta5

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    IANAL, so what does all this really mean for us E* DVR users? I've read the news reports and the one link does have a statement from E* that DVR users are unaffected - but that seems contradictory to the rest of the article.

    Is there seriously going to come a time in the next XX days when the 625 or 622 receivers just simply won't record anything?

    I'm two weeks into E*, still within my 30 day return policy and mostly happy with the service and equipment. However, if there's a chance that my 625 will simply stop DVR'ing then E* can have their equipment and their service back.

    I'll take my crummy cable provider + real Tivo or D* and their crummy DVR over a DVR-less E* any day. :nono2: :(
     
  10. Aug 18, 2006 #10 of 456
    James Long

    James Long Ready for Uplink! Staff Member Super Moderator DBSTalk Club

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    E* will not be turning of DVRs. They will be appealing the ruling and getting the judgement delayed as long as possible as they look forward to their countersuit in February.
     
  11. Aug 18, 2006 #11 of 456
    cj9788

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    How are they going to shut them down?

    If they in the end lose the appeal. Is it a software down load and if so can we simply not allow the software to down load?
     
  12. Aug 18, 2006 #12 of 456
    foghorn2

    foghorn2 AllStar

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    We need a web page supporting Dish and our DVRs. We shall not allow our DVRs to be messed with stupid patents. We need to be vocal about this.
     
  13. Aug 18, 2006 #13 of 456
    James Long

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    A paranoid person woud consider that E* built an off switch into their software a long time ago.

    But E* has no intention of turning off their DVRs - so why build it in? The perfect "excuse", similar to Microsoft's imbedding of Internet Explorer in Windows (where it couldn't be removed without destroying the operating system). "We cannot comply because disabling the DVR code would disable the entire receiver."

    This will not get to the point where a DVR is disabled. E* has too much riding on the technology.

    (Of course there is one reason to have an "off switch" - so they can disable it and charge $5.95 to turn it back on. :) )
     
  14. Aug 18, 2006 #14 of 456
    Wrecker06

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    Please tell me this is a joke:

    http://news.yahoo.com/s/nm/20060818/tv_nm/echostar_dc

    LOS ANGELES (Hollywood Reporter) - A judge has ordered EchoStar to disable the digital video recorders used by several million subscribers to its Dish satellite TV service because they infringe on patents held by TiVo.

    Thursday's ruling from U.S. District Judge David Folsom in Marshall, Texas, demands that within 30 days EchoStar must basically render useless all but 192,708 of the DVR units it has deployed.

    The decision comes four months after a jury ruled that EchoStar should pay TiVo $74.9 million because it willfully infringed TiVo patents that allow for the digital storage of TV programming.

    The judge also denied EchoStar's request that the injunction be stayed pending appeal, making it difficult for EchoStar to continue offering its subscribers' DVR functionality without striking a quick licensing deal with TiVo or another DVR maker.

    While the injunction battle clearly was won by TiVo, the scrappy pioneer of the DVR industry also was handed a loss Thursday when Folsom ruled against its request that the jury award be tripled. The judge, however, ordered EchoStar to pay an additional $5.4 million in interest payments and $10.3 million in supplemental damages, bringing the amount EchoStar owes TiVo to nearly $90 million.

    {trim}
     
  15. Aug 18, 2006 #15 of 456
    Stewart Vernon

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    Guess I'd better start watching my backlog of recorded programs before they disappear!

    But seriously... given some of the recent court rulings, and the screwed-up patent process as it is, I would not be surprised if Dish loses out ultimately.

    I hope not... and I don't believe they should lose... but stranger messed up things have happened in court.
     
  16. Aug 18, 2006 #16 of 456
    James Long

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    It isn't a joke, Wrecker06, but it is not the last word either.
     
  17. Aug 18, 2006 #17 of 456
    diospyros

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    TIVO exists to make money. Echostar exists to make money. If the DVRs are shut off
    neither Tivo nor E* will make the money they want. Therefore a licensing agreement is almost a certainty. If I may speculate: perhaps a portion of the E* $5.98 monthly DVR fee is already earmarked for Tivo and there will be no increase in rates. Maybe not. In any event, it's unlikely the DVRs will be shut off for any appreciable amount of time. (This is kind of scary though.)
     
  18. Aug 18, 2006 #18 of 456
    JohnH

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    EchoStar Asks Federal Court to Stay Texas Injunction
    ENGLEWOOD, Colo., Aug 18, 2006 (BUSINESS WIRE) -- EchoStar Communications Corporation (Nasdaq:DISH) issued the following statement regarding recent developments in the Tivo Inc. v. EchoStar Communications Corp. lawsuit:

    "This morning, EchoStar will ask the Federal Circuit Court of Appeals to block an injunction issued by a Texas Court yesterday, while EchoStar appeals that decision. The Texas judge did not grant treble damages or attorney fees to Tivo, but he did let stand the jury decision that EchoStar digital video recorders infringe a Tivo patent, and immediately enjoined continued sale of allegedly infringing DVRs. The injunction would also require that allegedly infringing DVRs in consumer homes be shut off within 30 days.

    We are pleased the Court concluded EchoStar did not act in bad faith and did not copy Tivo's technology, and we intend to continue our vigorous defense of this case. We believe that, for a number of reasons, the Texas Court should be reversed in all other respects on appeal. We also continue to work on modifications to our new DVRs, and to our DVRs in the field, intended to avoid future infringement. Existing DISH Network customers with DVRs are not immediately impacted by these recent developments, and we will keep consumers informed as events develop. We hope to have additional information for our customers very soon."

    About EchoStar

    EchoStar Communications Corporation (Nasdaq:DISH) serves more than 12.46 million satellite TV customers through its DISH Network(TM), the fastest growing U.S. provider of advanced digital television services in the last five years. DISH Network offers hundreds of video and audio channels, Interactive TV, HDTV, sports and international programming, together with professional installation and 24-hour customer service.

    SOURCE: EchoStar Communications Corporation

    For EchoStar Communications Corporation
    Kathie Gonzalez, 720-514-5351
    press@echostar.com
     
  19. Aug 18, 2006 #19 of 456
    Curtis52

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    This is from Echostar's 8-9-06 Quarterly Report:

    "TiVo filed requests for reexamination during May 2006. During July 2006 the case was stayed pending the reexamination process, which could take many years".
     
  20. Aug 18, 2006 #20 of 456
    invaliduser88

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    Possible outcomes of this:

    Echostar buys license from Tivo...nothing changes for customers, Tivo sets sight on next victim.

    Echostar buys Tivo...eventual integration of Tivo software into future DVRs.

    Patent review invalidates patent.

    Echostar disables DVR function on existing receivers...not likely to happen.
     
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