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

[TheKrell]

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The PTO found that there is a 'substantial new question' of patentability as to the software claims in light of prior patents that appear to render TiVo's '389 patent invalid as obvious.

I am absolutely stupefied. I agree that Tivo should not have been granted such a trivial/obvious patent. But didn't the PTO already take a year to declare the patent valid and un-appealable?

[Tyralak]

Well, this is really great news! Took them long enough, especially considering other DVRs which did the same thing existed before Tivo. *cough* replay *cough*

[vampz26]

A topic on both a sports channel AND Tivo...the wrath of the visigoths AND the ostragoths shall fall upon our head...

..all we need is a positive reference to the '15 channels who must not be named' and we can have a real party...

Seriously though, there was a mention in the "MLB Network" thread on the ViP922 (yeah, I know...it gets better and better) being made available to cable, and possibly even D*. Now granted the interpretations of this possibility are just that, interpretations...but it does get more interesting when thrown into the context of E*'s latest courtroom antics involving Tivo...

[cmcnabb]

Originally Posted by TheKrell

I am absolutely stupefied. I agree that Tivo should not have been granted such a trivial/obvious patent. But didn't the PTO already take a year to declare the patent valid and un-appealable?

That was before the US Appeals court decision in re Bilski, which ruled that for software or a business method to be patentable it must be tied to a particular machine or transformative of a material object. The Bilski ruling specifically cites a previous Supreme Court case that ruled that the mere transformation of abstract ideas (information), as well as mathematical calculations are not patentable. So, under the Bilski ruling, the Tivo software is *not* patentable since it does not end up in the transformation of any real material object.

Also note that the statement mentions *obvious* prior art that the Patent Office missed the first time around.

Hopefully there will be many more software patents ruled invalid in the near future.

[ke4est]

Will be interesting to see what happens next.

[TheKrell]

Originally Posted by cmcnabb

So, under the Bilski ruling, the Tivo software is *not* patentable since it does not end up in the transformation of any real material object.

Fascinating. Assuming the patent is declared invalid, what happens to the $200M that Dish recently forked over to Tivo?

[HDRoberts]

Originally Posted by TheKrell

Fascinating. Assuming the patent is declared invalid, what happens to the $200M that Dish recently forked over to Tivo?

I think it was $114M, but still, good question.

For those curious, attached is the patent. The points of interest are the claims beginning on page 20.

Also, glad to to hear the NFL got what was coming to them. To sign an agreement in 2006, go pack on it in 2007, then expect it to be enforced in 2008 is ridiculous.

[Skyhi]

Originally Posted by HDRoberts

Also, glad to to hear the NFL got what was coming to them. To sign an agreement in 2006, go pack on it in 2007, then expect it to be enforced in 2008 is ridiculous.

I wouldn't go that far.....the "news" regarding Dish and the NFL is pretty much a non-story. The court denied the NFL's motion for summary judgment. All that means (in very simple terms) is that there are disputed facts in the case to be decided upon by a jury. A motion for summary judgment is only granted when there are no disputed facts, and when the law is applied to the undisputed facts it is clear that the moving party is entitled to relief.

[Derwin0]

Originally Posted by TheKrell

Fascinating. Assuming the patent is declared invalid, what happens to the $200M that Dish recently forked over to Tivo?

Tivo will have to give it back.
Though more likely Tivo declares bankruptcy and goes out of business as a voided patent kills any chance of ever being a marketable company.

[HDRoberts]

To add to my previous posting of the Tivo patent, Dish is arguing claims 31 and 61 are obvious given the following 2 patents. Judge for yourself.

While the PTO has reexamined the Tivo patent before, they have never done so in light of these 2 patents.