TiVo vs. Echostar case updates

**rockymtnhigh** · 06-22-2009 01:20 PM

This thread will be used to provide news updates in the on-going litigation between Tivo and Echostar about patent infringement.

It will be a locked thread; when NEWS occurs, we will open a discussion thread to discuss that news.

Thank you for your patience, as it will take a break to sift through the 2500 posts of the old Tivo v E* thread for meaningful pieces of news to post. But in the meantime, the Judge issued a contempt order against Echostar in early June; that was appealed to the Federal Circuit, which issued a temporary stay of the injunction against Echostar, most likely ( but we are not altogether certain) until the resolution of the appeal.

Also, Dish's counter-suit against Tivo has been removed to Judge Folsom in the Eastern District of Texas; Folsom is the judge who handed down the contempt, and found Echostar as infringing upon Tivo's patent.

If you want to discuss this case, while we are doing our maintenance; please visit our partners at SonicBabble:

Tivo and E*. Talk about patent laws and the court system - SonicBabble - Where America Debates America!

Thank you for your patience.

If there is a minor piece of news related to this case that you want posted to this thread, please PM me. If there is a major piece of news, create a new discussion thread.

**rockymtnhigh** · 06-23-2009 03:25 PM

Judge Folsom stayed the Echostar declaratory case against TiVo (the Delaware case) pending Echostar's current appeal on 6/19/09.

Given that this does not change anything, I am not opening a discussion thread on this piece of news. We'll wait to do that until there is something tangible to actually discuss.

**rockymtnhigh** · 06-26-2009 02:43 PM

Thanks to jacmyoung for the following information:

Echostar just posted a $123M "unopposed bond" asking Judge Folsom to approve it. Since it is unopposed it should be approved.

I asked the question back when the order was temporarily stayed on 6/3/09 how did the court address the damages. I think this is the answer.

The bond posted by Echostar will be a condition for a stay pending appeal. This is not the same as the stay is already granted, just a condition for granting such stay is underway, if I understand it correctly unopposed by TiVo.

**rockymtnhigh** · 06-27-2009 09:19 AM

If there is a minor piece of news related to this case that you want posted to this thread, please PM me. If there is a major piece of news, create a new discussion thread.

**rockymtnhigh** · 07-01-2009 08:08 PM

One of our members - rdf249 - just posted this press release from Dish Network's website:

DISH Network and EchoStar Statement Regarding Tivo
ENGLEWOOD, Colo., July 1, 2009 /PRNewswire-FirstCall via COMTEX News Network/ -- DISH Network Corporation (Nasdaq: DISH) and EchoStar Corporation (Nasdaq: SATS) issued the following statement regarding today's ruling in EchoStar Communications Corporation vs. Tivo:

We are pleased that the Federal Circuit has blocked the district court's injunction pending our appeal. The Federal Circuit found that EchoStar "met its burden of demonstrating the requisites for a stay," including, at a minimum, that we have a substantial case on the merits. As a result of the stay, our customers can continue using their DISH DVRs.

Here is the link to the motion:
http://www.cafc.uscourts.gov/motions...4.7-1-09.1.PDF

- thanks to Jacmyoung for providing it.

For those that are confused, the Federal Circuit issued a temporary stay of the injunction in early June. In this action, the court has made that stay permanent until the appeal is decided by the Court.

For discussion of this ruling CLICK HERE.