Thread: Notice of Tivo Injunction

Originally Posted by Thomas22

The judge isn't even going to enlist the services of a technical advisor. The software won't be discussed. It's a legal question.

That discussion had to do with the swapping of the boxes for repair among the 192,000 units that were allowed to continue to use the old infringing software. Nothing to do with the new software.

Look I have said after the meeting the judge only granted one of many many Tivo's requests, that is the "disabing the DVR functions" issue, in the next meeting, the judge did not even want to discuss the enhenced damages during the stay of the injunction, until the above issue is resolved, which in the best case scenario (if DISH is found in contempt) will take many months if not a whole year, because DISH has all the appeals rights.

Meanwhile Tivo is getting only the past damages DISH already put in the escrow. Of course I was immediately ridiculed by the Tivo fans.

On Monday morning the analysts said exactly the same thing I said, and in addition, DISH's new lawsuit caused Tivo stock to drop by over 9%.

Back druing the debate after the appeals court decision to reverse the hardware verdict, I said, after my research, it would be very difficult for Tivo to seek a summary judgment to bring back the hardware verdict, I was ridiculed then by the Tivo fans. It turned out Tivo did not dare to bring it back, not then and not now.

Originally Posted by jacmyoung

That discussion had to do with the swapping of the boxes for repair among the 192,000 units that were allowed to continue to use the old infringing software. Nothing to do with the new software.

Look I have said after the meeting the judge only granted one of many many Tivo's requests, that is the "disabing the DVR functions" issue, in the next meeting, the judge did not even want to discuss the enhenced damages during the stay of the injunction, until the above issue is resolved, which in the best case scenario (if DISH is found in contempt) will take many months if not a whole year, because DISH has all the appeals rights.

Meanwhile Tivo is getting only the past damages DISH already put in the escrow. Of course I was immediately ridiculed by the Tivo fans.

On Monday morning the analysts said exactly the same thing I said, and in addition, DISH's new lawsuit caused Tivo stock to drop by over 9%.

Back druing the debate after the appeals court decision to reverse the hardware verdict, I said, after my research, it would be very difficult for Tivo to seek a summary judgment to bring back the hardware verdict, I was ridiculed then by the Tivo fans. It turned out Tivo did not dare to bring it back, not then and not now.

I think Dish made a big mistake by even designing the receivers with the capability of having DVR functions disabled through software.

Originally Posted by jacmyoung

That discussion had to do with the swapping of the boxes for repair among the 192,000 units that were allowed to continue to use the old infringing software. Nothing to do with the new software.

No. "phase" refers to the upcoming contempt hearing. No technical advisor is needed because the software won't be discussed. It is just a legal question.

Originally Posted by jacmyoung

Look I have said after the meeting the judge only granted one of many many Tivo's requests, that is the "disabing the DVR functions" issue, in the next meeting, the judge did not even want to discuss the enhenced damages during the stay of the injunction, until the above issue is resolved, which in the best case scenario (if DISH is found in contempt) will take many months if not a whole year, because DISH has all the appeals rights.

TiVo didn't want to discuss the damages yet either. TiVo only asked for discovery on the damages issue. TiVo got everything they asked for.

From TiVo's agenda:

TiVo requests permission for limited formal discovery relating to
the damages issues. Once TiVo has obtained the information from EchoStar, TiVo will
promptly file a motion requesting those damages.

Analyst: Dish Risks Mount
TiVo Suit, Possible Sub Losses Haunt DBS Giant
By Mike Farrell -- Multichannel News, 6/3/2008 4:11:00 PM
Shares of Dish Network shed 91 cents, or 3%, to close at $34.37 Tuesday after Sanford Bernstein cable and satellite analyst Craig Moffett issued a report warning that litigation risks stemming from its ongoing patent fight with TiVo could translate into huge costs and larger than expected subscriber losses for the No. 2 satellite TV company.

In a research report Tuesday, Moffett wrote that investors have paid little attention to the TiVo lawsuits, adding that most followers of the stock believe that, at worst, Dish would have to pay TiVo $1 per month per subscriber (about $75 million per year) if its litigation efforts fail.

That $1 per month is about what cable operator Comcast and DirecTV pay TiVo as part of a licensing agreement to use TiVo’s digital video recorder technology.

But Moffett warned that recent developments—on May 16 TiVo asked a Texas court to find Dish in contempt for not disabling its DVR functionality as previously ordered—could be the knockout blow for Dish.

“If Dish loses a current round of contempt litigation related to their alleged ‘work around,’ then the costs to Dish of disabling DVRs, settling with TiVo, or—worst of all—potentially engaging in a bidding war for the right to continue offering DVRs at all, could be in a worst case scenario in the billions… far higher than currently contemplated,” Moffett wrote. “Even the option of settling the case for just $1 per month per subscriber may well have passed.”

A hearing on the contempt matter is scheduled for Sept. 4.

Dish Network is in the midst of appealing a $74 million verdict that TiVo obtained against it in April 2006, in which a Texas jury found that some of Dish Network’s DVRs infringed on TiVo’s patents. That award is now in the area of $94 million, with interest added in.

In late January, a federal appeals court upheld the judgment against Dish Network. Then in April, the U.S. Court of Appeals for the Federal Circuit refused the satellite provider’s request for a rehearing, a ruling that Dish said it would appeal to the U.S. Supreme Court.

And on May 30 Dish filed suit in Delaware state court asking a judge to rule that its new DVR software does not infringe on TiVo’s patents.

While Moffett did not make any attempt to predict the outcome of the litigation, he noted the market has been “significantly” underestimating the risk to Dish Network.

Moffett estimated that if Dish were found in contempt and had to immediately disable its DVRs, it would cost the satellite giant about $1.6 billion. That is not to mention how much it would cost to license the technology from TiVo or if the DVR maker would license the technology to them at all.

Analyst: Dish Risks Mount - 6/3/2008 4:41:00 PM - Multichannel News

Originally Posted by Greg Bimson

Tyralak, it turns out at the time TiVo and ReplayTV withdrew the suit/countersuit from each other, ReplayTV was being sued by some of the networks and programming companies. ReplayTV was in dire financial straits by all of the litigation. Rather than go after each other, they agreed to withdraw the suit.

Less than a year later, ReplayTV was gone.

It appears there was never a cross-licensing agreement. That type of thing is always listed on the SEC forms as a material agreement.

Just so you know, I thought the same as you, until I was corrected maybe six months ago.

I guess it just proves you can't believe everything you read.