Thread: Notice of Tivo Injunction

Originally Posted by wayne231

Does this mean they will replace my owned 522?

Originally Posted by jessshaun

I hope nothing happens with my 625 I just bought and activated for my locals.

I just got up and running Wednesday. I'm out almost $250 after new cables. I'd be VERY upset if the DVR functions on my 625 got shut off!

Like Vegassattelite said, "only the 721, 921,942 and HZ 1022 are affected"

What the **** is an HZ1022?

Originally Posted by TheKrell

What the **** is an HZ1022?

HomeZone for AT&T customers.

I took the two PDF files and took them over to another site, because of a heated discussion we are having regarding this lawsuit.

The short story is, TiVo will march back into District Court and start contempt of court proceedings on DISH/SATS, because they did not follow the terms of the injunction. The injunction says all infringing DVR's must be disabled except for about 193,000. Because the injunction went live yesterday, 18 April, and no DVR's have been shut-off, DISH/SATS is out of compliance.

It is MY OPINION that DISH/SATS will be smacked so hard they won't see straight for a couple of years.

"FINAL JUDGMENT AND PERMANENT INJUNCTION"

"Infringing products: DP-501, DP-508, DP-510, DP-522, DP-625, DP-721, DP-921, and DP-942."

"Each Defendant, its officers, agents, servants, employees and attorneys, and those persons in active concert or participation with them who receive actual notice hereof, are hereby restrained and enjoined, pursuant to 35 U.S.C. § 283 and Fed. R. Civ. P. 65(d), from making, using, offering to sell or selling in the Untied States, the Infringing Products, either alone or in combination with any other product and all other products that are only colorably different therefrom in the context of the Infringed Claims, whether individually or in combination with other products or as a part of another product, and from otherwise infringing or inducing others to infringe the Infringed Claims of the ‘389 patent. "

"Defendants are hereby FURTHER ORDERED to, within thirty (30) days of the issuance of this order, disable the DVR functionality (ie. disable all storage to and playback from a hard disk drive of television data) in all but 192,708 units of the infringing products that have been placed with an end user or subscriber."

This is gonna get very interesting....

Tivo's hardware patents were thrown out. Only the software patents remain. Dish claims to have modified the software so the PVRs are no longer in violation. I suppose they would still be liabile for the orginal $100M settlement for the time in violation.

This situation may be unprecendented. I would think dish would be under obligation to prove they are no longer in violation (still seems funny - there's probably not that many ways to code a fifo). Can they do this? It'll take a patent lawyer to respond.

If Dish prevails Direct and Comcast owe them a big thank you. Everyone will be able to build a PVR without giving TiVo a dime.

So... I wonder how many of these units will start showing up on e-bay and be bought up by unsuspecting would-be subscribers?

See ya
Tony

Originally Posted by David_Levin

This is gonna get very interesting....

Tivo's hardware patents were thrown out. Only the software patents remaine. Dish claims to have modified the software so the PVRs are no longer in violation. I suppose they would still be liabile for the orginal $100M settlement for the time in violation.

The hardware claims were remanded back to the district court.

Apparently Charlie thinks he's a federal judge and can reword an injunction unilaterally.

I hope this mess gets straightened out. As it looks now there will be a mass exodus when the DVR's get turned off. Having Media Center is an alternative but a PITA and a useless black brick sitting on my rack won't make me happy in the slightest.