[Chris Blount]

A federal judge rejected a bid by EchoStar for a new trial in its patent dispute with DVR specialist TiVo. Now, the DISH Network operator's hopes of overturning the $89.6 million jury verdict rests with yet another appeals court thanks to the judge's decision this week.

U.S. District Judge David Folsom said that in its quest for a new trial, EchoStar failed to raise any new legal issues that would warrant another hearing. Earlier this year, a jury decided that the company violated one of TiVo's DVR patents.

Folsom said the issues of the case "were raised and decided at least once, if not several times, during the course of this litigation" and EchoStar's latest attempt does "not persuade the court to change its prior rulings."

EchoStar's Director of Corporate Communications Kathie Gonzalez said the company anticipated this ruling in what was undoubtedly a lengthy process to begin with but "we now looks forward to our appeal where we are confident we will prevail."

The case will now move to the U.S. Court of Appeals for the Federal Circuit in Washington, which specializes in U.S. patent law. Last month the Federal Circuit granted EchoStar a reprieve, allowing the company to continue its DVR service while the appeal is pending.

http://www.skyreport.com (Used with permission)

 

[SMosher]

This is getting sticky

 

[Darkman]

2 subjects on this matter are in "sticky" already for a while now

 

[SMosher]

2 subjects on this matter are in "sticky" already for a while now

indeed :eek2:

 

[James Long]

2 subjects on this matter are in "sticky" already for a while now

Only one. The other legal issue (with two stickies, one for the court case and one for new legislation) is unrelated to the Tivo matter.

 

[chasby]

I am seriously considering upgrade of my 501 to a VIP622.
Since this upgrade would be extremely expensive ($200.00 up front and an increase of $21.00 per month forever), I'm wondering if Dishnet's appeal fails will they pay the $89 million fine to keep the DVR's operating or will our Dish DVR's become useless??

Any thoughts on this subject would be appreciated.

Thanks, chasby

 

[surfinguru]

I am seriously considering upgrade of my 501 to a VIP622.
Since this upgrade would be extremely expensive ($200.00 up front and an increase of $21.00 per month forever), I'm wondering if Dishnet's appeal fails will they pay the $89 million fine to keep the DVR's operating or will our Dish DVR's become useless??

Any thoughts on this subject would be appreciated.

Thanks, chasby

As a new subscriber, this is a very good question. I would imagine they'll just pay the fine to keep the units in place.

 

[DoyleS]

Without DVR capability Dish would suffer a lot more than an $89M loss. The scene would be similar to standing in the doorway of a Federal building at 5 PM.

..Doyle

 

[James Long]

DON'T PANIC

E* will NOT allow their DVRs to be turned off. It is too important to their business.
Look back to Charlie's answer on the subject a couple of months ago.
They are going to work out some solution.

 

[Darkman]

Only one. The other legal issue (with two stickies, one for the court case and one for new legislation) is unrelated to the Tivo matter.

Opps . Sorry.. - i guess it was too early in the morning.. and somehow i was thinking of 2 "distants" Sticky threads

 

[pdxsam]

DON'T PANIC

E* will NOT allow their DVRs to be turned off. It is too important to their business.
Look back to Charlie's answer on the subject a couple of months ago.
They are going to work out some solution.

Exactly. This ain't distants folks. Charlie played fast and loose with distants. E* will appeal because it's prudent to do so, however, when push comes to shove, there WILL be some sort of settlement with TIVO if E* loses the court battles.

It's a way more important issue then distants. It affects the core of their business. There will probably be a settlement long before it gets way up the appeals chain if there's even a hint of an infringement. A settlement is good business for both sides.

Remember, E* was sued in lawsuit friendly Texas. Once the appeals are moved out to the Federal level things get a more level playing field and the meat of the matters get chewed over.

Be patient. It will all work out. The sky isn't falling.

 

[tampa8]

I couldn't agree more - this is the heart and sole of the DBS business. There will be some outcome that does shut off DVR functions. Very, very different than the distants issue.

 

[UTFAN]

I couldn't agree more - this is the heart and sole of the DBS business. There will be some outcome that does shut off DVR functions. Very, very different than the distants issue.

Anyone read TiVO's latest financials? Neat idea, bad business model.

Echostar: Neat idea, good business model.

Even if Echotar wrote a check for 80-90 million, chump change. And Charlie ain't going to pay until the last possible second.

Meanwhile TiVO just keeps dreaming and losing money.

Ho-hum.

 

[whatchel1]

Anyone read TiVO's latest financials? Neat idea, bad business model.

Echostar: Neat idea, good business model.

Even if Echotar wrote a check for 80-90 million, chump change. And Charlie ain't going to pay until the last possible second.

Meanwhile TiVO just keeps dreaming and losing money.

Ho-hum.

The total reason for Tivo's suit is cuz they have never made any $$. The only way they will survive is if they become a monopoly idea in the industry. That is the reason they killed the other co's that produced DVR's.

 

[kb7oeb]

I think tivo is going to have a harder time with getting new core customers, they have raised prices on the service plan and the series 3 still costs the same as when it was released.

Tivo's current plans seems to be to try and milk the loyal high end customers for all they can with the series 3 and chase analog only cable customers with the series 2. Seems to me that customers who haven't upgraded from basic cable aren't the ones who are going to run out and buy a tivo with service that costs half of what they are already paying for cable.

 

[army1]

DON'T PANIC

E* will NOT allow their DVRs to be turned off. It is too important to their business.
Look back to Charlie's answer on the subject a couple of months ago.
They are going to work out some solution.

yes and i'm wondering if the solution will be that dish pay's
the money out, and then dish customer's pay's charley back
with huge monthly price incresse's, i know charley is a rich guy
but he's not just going to write a check out for this much money.
"we will pay if E lose's"

 

[TomH]

yes and i'm wondering if the solution will be that dish pay's
the money out, and then dish customer's pay's charley back
with huge monthly price incresse's, i know charley is a rich guy
but he's not just going to write a check out for this much money.
"we will pay if E lose's"

Of course it'll get passed on to the customer. That's how business works.