Court Order issued in TiVo vs. Echostar scheduling contempt hearing

[Jeffro34tx]

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Originally Posted by Sean Mota

Whomever wrote the above is not in touch with reality!

I got to agree with ya!

[ArtWIS]

Originally Posted by RVD420

WRONG!!!!

DirecTV didn't buy a license.

They are clear because the bought ReplayTV.

ReplayTV and Tivo have patent cross licensing agreements.

That's true and I think that IF Tivo wants to sell that it would most likely be Directv that would be the buyer. That would put all the patents under one umbrella.

[FCom911]

Originally Posted by Thomas22

...(2) with respect to EchoStar’s modified software,1 whether TiVo should be allowed permission to serve limited discovery to obtain additional technical information before bringing a motion for an order to show cause why EchoStar is not in contempt for the continuing use of the Infringing Products, changed only by downloading modified software.

The Court has set for hearing September 4, 2008 the first issue of whether EchoStar has disabled the DVR functionality with respect to the Infringing Products as required by the Court’s Permanent Injunction.2 The second issue outlined above, namely TiVo’s request to take limited discovery regarding EchoStar’s allegedly new software, is denied at this time. In the interest of judicial economy, the Court will determine first whether EchoStar should be held in contempt for its failure to disable the DVR functionality in the Infringing Products and for its placement of new infringing DVRs as urged by TiVo or whether, as urged by EchoStar, the language of the Court’s
Permanent Injunction allows EchoStar to comply with the spirit of the injunction by changing the software so that the products no longer infringe. TiVo may renew its request to serve limited discovery regarding EchoStar’s modified software after the Court’s decision on the first issue...

Thomas,

Thank you for the post and analysis...

I see no advantage handed to Dish in TiVo's dispute in the aforementioned statement. The key term here is, ' interest of judicial economy '. It implies nothing other than an attempt by the court to focus matters and NOT clutter the court's calendar.

Dish will have to muster its best position on the matter, before the court, September 4, 2008. If they are unsuccessful...

[uncrules]

Directv does have an agreement with Tivo that protects D* from any Tivo lawsuits.

DirecTV, TiVo extend deal

DirecTV subscribers will be able to hold onto their TiVos, under the terms of a new deal (subscription required) between the two companies. The economics of the new pact are similar to the old agreement, which was set to expire in 2007. Now, current TiVo-using DirecTV customers will continue to be supported by the satellite TV company throughout the three-year extension.

The third—and biggest—winner is DirecTV, because of a clause in the agreement which states that neither company will assert its patent rights against the other for its duration. That allows DirecTV to avoid a potentially costly and lengthy court battle, the likes of which its competitor Dish Network has found itself embroiled in.

[long_time_DNC]

Originally Posted by RandallA

I completely agree with you on this one.

Yep, it's the best, easiest solution. Just license the software, pay Tivo a fee and it all goes away. What's so difficult about this?

[Stargazer]

Directv paid the price because they knew that their boxes were infringing on the patents so that should have some type of merit in itself. I wonder if that would be brought up in court.

[Voyager6]

Originally Posted by long_time_DNC

Yep, it's the best, easiest solution. Just license the software, pay Tivo a fee and it all goes away. What's so difficult about this?

How much to license the software? How big a fee does Tivo demand? It all comes down to how much $$$. What amount E* will pay and what Tivo wants may still be very far apart.

[long_time_DNC]

Originally Posted by Voyager6

How much to license the software? How big a fee does Tivo demand? It all comes down to how much $$$. What amount E* will pay and what Tivo wants may still be very far apart.

I think that if they sat down and discussed it instead of battling it out in court, they could probably settle it fairly quickly though.

[mike123abc]

Originally Posted by Voyager6

How much to license the software? How big a fee does Tivo demand? It all comes down to how much $$$. What amount E* will pay and what Tivo wants may still be very far apart.

I believe the quoted rate that DIRECTV and Comcast pay is $1/month/sub. Dish of course at the time did not have a DVR fee at all when this came up...

DIRECTV charged a fee (whole house one fee), Dish then decided to add a fee (per DVR), but decided their software did not infringe so the fee all went to Dish.

[abricko]

Tivo needs money in a BAD way. They'd take money from E* in a heartbeat (settlement and then the licensing fees) there's not a chance they'd say NO to E* regarding licensing their software. Tivo is essentially a software and service company at this point, they make NADA from their hardware.