TiVo vs. Dish: TiVo won appeal

Discussion in 'General DISH™ Discussion' started by Curtis52, Mar 4, 2010.

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  1. Mar 4, 2010 #1 of 1017
    Curtis52

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    "CONCLUSION
    We have considered the EchoStar’s remaining arguments and do not find them persuasive. Accordingly, the judgment of the district court is
    AFFIRMED "
     
  2. Mar 4, 2010 #2 of 1017
    dgordo

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    CAFC Decision Attached.
     
  3. Mar 4, 2010 #3 of 1017
    jacmyoung

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    Guess I can find a bit consolation that Judge Rader is completely on my side:)

    Will see how Charlie approaches this.
     
  4. Mar 4, 2010 #4 of 1017
    Curtis0620

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    That's easy. Licensing deal.
     
  5. Mar 4, 2010 #5 of 1017
    dgordo

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    TiVo Statement on Decision by U.S. Court of Appeals in Lawsuit Against EchoStar

    ALVISO, CA -- 03/04/10 -- TiVo Inc., the creator of and a leader in television services and advertising solutions for digital video recorders (DVRs), offered the following statement today on the U.S. Court of Appeals decision to [ruling] in lawsuit against EchoStar.

    "We are pleased that the United States Court of Appeals for the Federal Circuit fully affirmed the district court's finding of contempt against EchoStar, including both the disablement and infringement provisions. Additionally, this ruling paves the way for TiVo to receive the approximately $300M in damages and contempt sanctions awarded to us for EchoStar's continued infringement through July 1, 2009. We will also seek further damages and contempt sanctions for the period of continued infringement thereafter. We will continue our efforts to protect our intellectual property from further infringement."

    About TiVo Inc.
    Founded in 1997, TiVo Inc. (NASDAQ: TIVO) developed the first commercially available digital video recorder (DVR). TiVo offers the TiVo service and TiVo DVRs directly to consumers online at www.tivo.com and through third-party retailers. TiVo also distributes its technology and services through solutions tailored for cable, satellite, and broadcasting companies. Since its founding, TiVo has evolved into the ultimate single solution media center by combining its patented DVR technologies and universal cable box capabilities with the ability to aggregate, search, and deliver millions of pieces of broadband, cable, and broadcast content directly to the television. An economical, one-stop-shop for in-home entertainment, TiVo's intuitive functionality and ease of use puts viewers in control by enabling them to effortlessly navigate the best digital entertainment content available through one box, with one remote, and one user interface, delivering the most dynamic user experience on the market today. TiVo also continues to weave itself into the fabric of the media industry by providing interactive advertising solutions and audience research and measurement ratings services to the television industry. www.tivo.com

    TiVo, 'TiVo, TV your way.', Season Pass, WishList, TiVoToGo, Stop||Watch, Power||Watch, and the TiVo Logo are trademarks or registered trademarks of TiVo Inc. or its subsidiaries worldwide. © 2010 TiVo Inc. All rights reserved. All other trademarks are the property of their respective owners.

    FORWARD LOOKING STATEMENT NOTICE

    This release contains forward-looking statements within the meaning of the Private Securities Litigation Reform Act of 1995. These statements relate to, among other things, TiVo's future business and growth strategies including TiVo's mass distribution strategy and retail bundling efforts, profitability and financial guidance, distribution of the TiVo service domestically with Comcast, DIRECTV, and Cox and internationally, growth and innovation in TiVo's advertising and audience research measurement business, the timing and availability of broadband content, TiVo's software development for the cable industry including with respect to switch digital technology, the results of TiVo's litigation with EchoStar, how TiVo intends to exploit its intellectual property, TiVo's future marketing spend and related activities, and financial performance. Forward-looking statements generally can be identified by the use of forward-looking terminology such as, "believe," "expect," "may," "will," "intend," "estimate," "continue," or similar expressions or the negative of those terms or expressions. Such statements involve risks and uncertainties, which could cause actual results to vary materially from those expressed in or indicated by the forward-looking statements. Factors that may cause actual results to differ materially include delays in development, competitive service offerings and lack of market acceptance, as well as the other potential factors described under "Risk Factors" in the Company's public reports filed with the Securities and Exchange Commission, including the Company's Annual Report on Form 10-K for the fiscal year ended January 31, 2009. The Company cautions you not to place undue reliance on forward-looking statements, which reflect an analysis only and speak only as of the date hereof. TiVo disclaims any obligation to update these forward-looking statements.
     
  6. Mar 4, 2010 #6 of 1017
    VDP07

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    Stock update: TIVO + $5.44, DISH -$.79
     
  7. Mar 4, 2010 #7 of 1017
    Curtis52

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    "ENGLEWOOD, Colo., March 4 /PRNewswire-FirstCall/ -- DISH Network L.L.C., a subsidiary of DISH Network Corporation (Nasdaq:DISH - News), and EchoStar Technologies L.L.C., a subsidiary of EchoStar Corporation (Nasdaq:SATS - News), issued the following statement regarding recent developments in TiVo vs. EchoStar Communications Corporation:

    "We are disappointed in the Federal Circuit's split decision, but are pleased that Judge Rader agreed with our position. Therefore, we will be seeking en banc review by the full Federal Circuit. We also will be proposing a new design-around to the district court for approval. At this time, our DVR customers are not impacted." "
     
  8. Mar 4, 2010 #8 of 1017
    rocatman

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    En banc review is almost guarateed because of the dissenting opinion which is full of reasonable, logical arguments that can not just be ignored. Don't see Dish being force having to turn off DVR functions before this en banc review.
     
  9. Mar 4, 2010 #9 of 1017
    lokigray

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    So, how long will it be before my 625 loses its dvr functionality ?

    Ideas ?

    I assume a licensing fee will be in the works, but this a permanent injunction .

    How long ?
    ?
     
  10. Mar 4, 2010 #10 of 1017
    phrelin

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    Never fear, Charlie will keep this in court as long as he can, beginning with seeking en banc review.:rolleyes:
     
  11. Mar 4, 2010 #11 of 1017
    Curtis0620

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    As long as they can get another stay.
     
  12. Mar 4, 2010 #12 of 1017
    dgordo

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    My numbers are a few years old, but the chances of an en banc review request being granted is about 1 in 100.
     
  13. Mar 4, 2010 #13 of 1017
    rtmoore4

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    That's funny. Rader's arguments sound like they come from a 1st year law clerk, often merely making a statement without even providing supported opinion. Expect en banc to be denied. Charlie's goose is finally good and truly cooked.
     
  14. Mar 4, 2010 #14 of 1017
    rocatman

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    And the majority opinion was any different?
     
  15. Mar 4, 2010 #15 of 1017
    jacmyoung

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    Judge Rader’s dissenting opinion is full of specific details and point by point analyses, the majority opinion on the other hand is hollow affirmation. I am glad Charlie will seek en banc.

    On the other hand, the question does not seem resolved how Judge Folsom will proceed from this point. Is the amended injunction reinstated? The majority did not vacate it, nor did it reinstate it. There is no reference as when the amended injunction should become effective since it is currently stayed.

    Seems to me the parties will be back before Judge Folsom to argue whether the newly proposed designs should be approved or not under the “inform and approval” provision while the injunction continues to be stayed? Correct me if I am wrong.
     
  16. Mar 4, 2010 #16 of 1017
    dfd

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    Do you think those numbers are for all requests or for requests when there was a split decision?

    Next question, the usual one in this case, how long to filing/ruling on this?

    Thanks.
     
  17. Mar 4, 2010 #17 of 1017
    Maverickjoe

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    You got to take off the rosy glasses jack. Like any gambler, Charlie knows when to held 'em and when to fold 'em. He played his last good card and everybody knows it. If he doesn't get his people talking to their people soon, he runs the risk that TiVo will happily accept no royalites from Dish and just put him out of business.

    Just like last time we were here, the stay of the injunction will be lifted when the appellate order is mandated. That could be a month if en banc is rejected or longer if not. 2 out of a 100 cases get heard en banc - this won't be one of them - and 1 in a 1000 cases get overturned en banc.
     
  18. Mar 4, 2010 #18 of 1017
    harsh

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    Probably about the same time that DISH Network turns off MPEG2 altogether.
     
  19. Mar 4, 2010 #19 of 1017
    jacmyoung

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    I don't need any glasses, I just need Charlie's stubbornness to continue with our entertainment.
     
  20. Mar 4, 2010 #20 of 1017
    dgordo

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    The analysis we did in 2005 showed that 1 in 100 requests are granted regardless of dissenting opinion. Our analysis showed that a dissenting opinion didn't change the numbers.


    1-3 months
     
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