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. FTA Michael

    FTA Michael Hall Of Fame

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    Got a very short press release in my inbox:

    Edit: Oops! Already posted here: http://www.dbstalk.com/showthread.php?t=110982
     
  2. tsdiesel

    tsdiesel Cool Member

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    http://www.fool.com/investing/general/2007/11/30/were-all-getting-a-tivo.aspx

    "The District Court decision under appeal would award TiVo $90 million for damages and force EchoStar to stop selling and servicing any TiVo-like DVR services. Given the legal history of the case and this small but important victory, it's hard to imagine that the Dish Network operator could pull out a win."
     
  3. Matt9876

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    If the Vonage law suite means anything, Dish is gonna end up paying $50mil or more to TiVo corp.:eek2:
     
  4. Richard King

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    Ah, we already know the penalty if the court appeal fails, which it probably will...... approx $97 million plus interest and other charges. Dish has already put the money away to cover the fines, well at least most of them
     
  5. Matt9876

    Matt9876 Hall Of Fame

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    No, I'm talking about Dish making a Deal with TiVo to stop this thing.
     
  6. Richard King

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    Why whould Tivo settle for $50mill when they could get $97mill +++?
     
  7. Matt9876

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    Please don't quote me on this but one of the Vonage settlements was for $26mil and a % cut for each subscriber.


    Maybe it's too late for Dish to offer out for less but the way things are going it might have paid to do it early on or even try now !
     
  8. Dec 1, 2007 #448 of 456
    normang

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    Tivo's stock is around $7, not sure what the valuation is without looking around, but it seems that Tivo shareholders would go for a few more bucks per share and now Tivo is belongs to E*.. game over....
     
  9. Dec 1, 2007 #449 of 456
    Richard King

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    Market Cap is $735 Million at the moment. If Charlie jumped in with an offer of 1 Billion it would probably go. Of course, $100 million plus of that 1 billion would be financed by not having to pay the fines, sort of an automatic 10% discount. I suspect though that if he did buy it that Tivo would disappear. No cable company would buy the product and I am certain that Directv would break all ties to Tivo if Dish owned them. THAT'S the problem with Dish buying Tivo. They would be buying a worthless (to them) company.
     
  10. Dec 1, 2007 #450 of 456
    Greg Bimson

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    By the way, I realize I could be wrong on this, but the new "news" about the PTO validating the TiVo Time Warp patent means the hardware claims are back. And supposedly, that means any of the Dish Network DVR's which use the "media switch" would be violating the patent.

    What specifically hurts Dish Network here is that their entire DVR line is built upon the "media switch". Therefore, simply re-writing software code will not take Dish Network out of compliance.

    The best which can be hoped for now is that the Court of Appeals dismisses or invalidates the entire patent (which I don't believe will be done), invalidates parts of the patent (and now that the patent has survived review, will probably not be done), or asks for a retrial based upon some error during the trial process (which is more possible, and happened in the distant networks case). Even if the case is assigned back for a retrial, it is more likely that the newer DVR models will be brought into the mix, and it is quite possible Dish Network would end up with a whopper of a judgment against them. It is also quite possible that Dish Network could somehow work around those points and end up being found not guilty, but I don't foresee that happening.

    Heck, it is even possible that the upon the decision of the Court of Appeals, the case heads immediately to the Supreme Court for action. The Supreme Court has been taking many cases regarding patents lately.
     
  11. Dec 1, 2007 #451 of 456
    Lord Vader

    Lord Vader Supreme Member

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    But SCOTUS has been granting cert less frequently in general, and that doesn't bode well for DISH. I don't foresee SCOTUS granting cert in this case unless the outcome on the appellate level is different from the Verizon v. Vonage case, which has very similar patent claims at issue.
     
  12. Dec 1, 2007 #452 of 456
    Richard King

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    Do you have a link for the new "news", Greg?
     
  13. Dec 1, 2007 #453 of 456
    Richard King

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  14. Dec 1, 2007 #454 of 456
    FTA Michael

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    Good point, and maybe that is the reason why E* is talking about splitting into a satellite TV company and an equipment company. Maybe the equipment company could name itself, I dunno, "TiVo"? :D

    Then "TiVo" and E* could put on a brave face about not sharing info or having sweetheart deals with each other, etc., etc.
     
  15. Dec 1, 2007 #455 of 456
    normang

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    I guess then the added question would be, lets say Tivo wins, Dish then has to agree to a spendy licensing agreement for years, per receiver, then does that 8-900 million still seem expensive?
     
  16. Dec 1, 2007 #456 of 456
    Greg Bimson

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    Richard, I ripped this from the sister site, TiVoCommunity.com:
     
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