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

[Laddyboy]

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The two patents seem to cover playback and FF and FR and storage/retrieval to/from a HDD. E* must have spent a fortune crawling through patents. If E* prevails, Tivo is going to have a lot of company in their market. It's never been clear to me with the existence of the Replay patents how Tivo was able to prevail in the first place.

[wolfjc]

This is TIVO's take on the same ruling.

NEW YORK, Jan 13 (Reuters) - Dish Network Corp (DISH.O) and EchoStar Corp (SATS.O) on Tuesday welcomed the U.S. Patent & Trademark Office's decision to reexamine a patent infringement claim involving TiVo's (TIVO.O) software.

But TiVo countered that the USPTO action was routine and that it believed ultimately the office would rule in favor of its Time Warp patent.

The companies have been wrangling for years over TiVo's Time Warp software that allows users to record one television program while watching another via a digital video recorder.

"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," Dish, formerly known as EchoStar Communications Corp, said in a statement.

TiVo later released a statement saying the USPTO conducted a prior re-examination of the Time Warp patent at EchoStar's request, which concluded last November with the USPTO issuing a re-examination certificate.

"The USPTO grants most patent re-examination requests," TiVo said. "Contrary to EchoStar's statement, the USPTO made no substantive findings.

"We are confident that the USPTO will once again confirm the validity of all of the claims of the Time Warp patent." (Editing by Clarence Fernandez)

[Curtis0620]

Originally Posted by wolfjc

This is TIVO's take on the same ruling.

NEW YORK, Jan 13 (Reuters) - Dish Network Corp (DISH.O) and EchoStar Corp (SATS.O) on Tuesday welcomed the U.S. Patent & Trademark Office's decision to reexamine a patent infringement claim involving TiVo's (TIVO.O) software.

But TiVo countered that the USPTO action was routine and that it believed ultimately the office would rule in favor of its Time Warp patent.

The companies have been wrangling for years over TiVo's Time Warp software that allows users to record one television program while watching another via a digital video recorder.

"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," Dish, formerly known as EchoStar Communications Corp, said in a statement.

TiVo later released a statement saying the USPTO conducted a prior re-examination of the Time Warp patent at EchoStar's request, which concluded last November with the USPTO issuing a re-examination certificate.

"The USPTO grants most patent re-examination requests," TiVo said. "Contrary to EchoStar's statement, the USPTO made no substantive findings.

"We are confident that the USPTO will once again confirm the validity of all of the claims of the Time Warp patent." (Editing by Clarence Fernandez)

Don't you know that DISH is always right?

[ekilgus]

Interesting stuff going on here. The strategy regarding Charlie's statement at the CES indicating his willingness to make the new 922 available to competitors including Direct may be becoming a bit clearer now. This could be a strategy to effectively put TIVO out of business.

[jacmyoung]

Originally Posted by Derwin0

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.

No, the previous court judgment was final and unappealable after the US Supreme Court refused to review E*'s appeal.

But if the TiVo's claims 31 and 61 are invalidated two months from now, E* should be free of additional harrassment from TiVo. And of course TiVo will have nothing to live on, well almost.

[drummerguy]

Originally Posted by jacmyoung

No, the previous court judgment was final and unappealable after the US Supreme Court refused to review E*'s appeal.

But couldn't Dish sue Tivo to get the money back? I wouldn't be surprised if they did. And if Dish won, might they not also be entitled to additional payments, like court costs, lawyer fees, etc.

[vampz26]

Ah yes...its off to the races.

[jacmyoung]

Originally Posted by drummerguy

But couldn't Dish sue Tivo to get the money back? I wouldn't be surprised if they did. And if Dish won, might they not also be entitled to additional payments, like court costs, lawyer fees, etc.

They had already tried, E* counter-sued during the last jury trial but lost.

[jacmyoung]

Originally Posted by vampz26

Ah yes...its off to the races.

The only place left for you to continue to be off the topic?

[vampz26]

Originally Posted by jacmyoung

The only place left for you to continue to be off the topic?

Lol...not at all...

...All I need to do is sit back and play the fiddle.