DISH Network and EchoStar Statement Regarding TiVo & NFL. Go Legal Team!

**vampz26** · 01-14-2009 11:13 PM

Originally Posted by Greg Bimson

There are other, finer points in life to enjoy. For one, consider this my post of defecation.

Basically, thats how I consider most of your posts...

Anyway...now the party is complete...the visigoths and ostragoths have descended and I can go back to playing the fiddle...

**Derwin0** · 01-15-2009 09:07 AM

Originally Posted by dlsnyder

Even if Tivo's patent in question here was ruled to be unenforceable, that doesn't mean that Tivo could not go on as a company. There are still a lot of people out there that would not give up their Tivo for anything, and a Tivo is the service as much as it is the hardware. They will just have to do a better job of marketing themselves, given the large (and growing) number of choices out there for DVRs and related services.

But they are bleeding money, and have no business plan beyond royalty payments.
The day the patents are overturned is the day Tivo files for bankruptcy, followed by liquidation and someone buying the software up for a song.

**Curtis0620** · 01-15-2009 09:10 AM

DISH is going after the patents again because if their "new" software still infringes, this effects all their DVR's.

Since they are doing this, they must not be very confident about their work-around.

**vampz26** · 01-15-2009 09:27 AM

Originally Posted by Curtis0620

DISH is going after the patents again because if their "new" software still infringes, this effects all their DVR's.

Since they are doing this, they must not be very confident about their work-around.

Where did you see their new software still infringes? Please post a link...

Regardless, I'd still give you half-credit here that they may at least be hedging their bets...if not trying to deliver the knock-out punch outright...

**Curtis0620** · 01-15-2009 09:45 AM

Originally Posted by vampz26

Where did you see their new software still infringes? Please post a link...

Regardless, I'd still give you half-credit here that they may at least be hedging their bets...if not trying to deliver the knock-out punch outright...

I said "if" it still infringes.

**CuriousMark** · 01-15-2009 11:43 AM

To me the request for PTO re-review smacks of "scorched earth" tactics. If they don't win, they will try to make sure that no one does.

I have to agree with vampz26, no matter how this goes it may not turn out well for anyone.

**vampz26** · 01-15-2009 11:47 AM

Originally Posted by Curtis0620

I said "if" it still infringes.

I just caught that. Apologies.

...But you're right though. It does sound like they could be hedging their bets.

**Curtis0620** · 01-15-2009 11:54 AM

The worst that will happen if DISH loses is they will enter into a licensing deal. No one is going to lose their DVR.

**Greg Bimson** · 01-15-2009 12:26 PM

Originally Posted by CuriousMark

To me the request for PTO re-review smacks of "scorched earth" tactics. If they don't win, they will try to make sure that no one does.

I have to agree with vampz26, no matter how this goes it may not turn out well for anyone.

Good point.

I think the legal reality is that this current contempt phase cannot be derailed by the re-examination of the two claims where DISH/SATS was found guilty of infringement. Even if the re-exam "invalidates" the patent, TiVo can still appeal and the patent would be considered good until the appeal path for the re-exam is completed. It wouldn't change anything regarding the contempt phase, so I'm guessing that DISH/SATS is trying to invalidate the patent in case TiVo decides to go after the ViP series.

Originally Posted by Curtis0620

The worst that will happen if DISH loses is they will enter into a licensing deal. No one is going to lose their DVR.

If that happens, it will be after DISH/SATS fights themselves into a corner, which would mean they would be bargaining from a weak position. At that point, a deal would not only be more expensive for DISH/SATS, but then would also up the ante for any deals to other DVR makers.

**vampz26** · 01-15-2009 09:24 PM

Originally Posted by Greg Bimson

Good point.

I think the legal reality is that this current contempt phase cannot be derailed by the re-examination of the two claims where DISH/SATS was found guilty of infringement. Even if the re-exam "invalidates" the patent, TiVo can still appeal and the patent would be considered good until the appeal path for the re-exam is completed. It wouldn't change anything regarding the contempt phase, so I'm guessing that DISH/SATS is trying to invalidate the patent in case TiVo decides to go after the ViP series.If that happens, it will be after DISH/SATS fights themselves into a corner, which would mean they would be bargaining from a weak position. At that point, a deal would not only be more expensive for DISH/SATS, but then would also up the ante for any deals to other DVR makers.

Derailed? No...Delayed? Quite possible...

An argument can be made that Dish's entire strategy during this nonsense is all about being the last man standing...