I do wonder if Charlie knew anything before he made the statement about shutting down the dvr's.
Dish's en banc request APPROVED!
- Thread starter Jhon69
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Sure looks like the court has picked this case to clarify a number of patent issues that have been brewing in the software area. They are going to get lots of input from the professors, etc before deciding. When it is done, regardless of whomever "wins", there will likely be some clear "rules" that will govern all district judges in future cases.
Yep! I think you have a good handle on that. Whoever heard of a law suit that encompasses all future products?
Well it means that we can continue to speculate for at least another 6 months.
Maybe it would be time for Echostar to take a position in TiVo (does not have to be controlling) and they cross license...
The insiders that sold a ton of TiVo stock seem to have known it was a good time to sell.
Maybe it would be time for Echostar to take a position in TiVo (does not have to be controlling) and they cross license...
The insiders that sold a ton of TiVo stock seem to have known it was a good time to sell.
Really I am surprised as I got to be honest it surprised me.
I seen many people says that it was a "snowballs chance in hell" that DISH would get the en banc... and well I was starting to feel that way too.
TiVO is down over $7.00, 40%. Obviously it's shareholders are not encouraged at all by this news or else they would just ride it out. A 40% slide in a stock over a press release about a REVIEW, not a final decision, tells me just how insecure TiVO investors are. Either this review will work out for E* or the stock of TiVO will drop enough for E* to easily buy with cash on hand and stock swaps.
What's even funnier is that E* has barely budged through all of this. TiVO has been a roller coaster.
What's even funnier is that E* has barely budged through all of this. TiVO has been a roller coaster.
There is no way DOJ would allow this transaction to go through with this big a case going through the courts. TIVO could force the issue even further by filing new lawsuits. I've been around courts long enough to know that this isn't good news, it just prolongs the unknown for a long time and there is NO guarantee that the final outcome will be any different. It looks like the Appeals Court is interested in the process alot more than the patents involved. They may well let the infringement rulings stand and tell the trial court to revist the contempt issues.
There is no way DOJ would allow this transaction to go through with this big a case going through the courts. TIVO could force the issue even further by filing new lawsuits. I've been around courts long enough to know that this isn't good news, it just prolongs the unknown for a long time and there is NO guarantee that the final outcome will be any different. It looks like the Appeals Court is interested in the process alot more than the patents involved. They may well let the infringement rulings stand and tell the trial court to revist the contempt issues.
If TiVO filed new lawsuits then it would essentially be shooting themselves in the foot. The patent under question expires in 7 years I believe and this process has taken a lot longer than 7 years to get here.
In all honesty, I'm not too sure that Charlie is trying to "win" so much as he is trying to bleed TIVO and drain this out. If he bought TIVO, just the name alone added to SLing and Echostar would instantly boost the credibility of E* STB's when he goes for contracts with cable providers. That is his end game, breaking into the cable tv big boys club with E* STB's.
DISH Wins En Banc
Arianespace
Against all odds (Bernstein Research analyst Craig Moffett puts them at around 2%), DISH Network and EchoStar have won their request for an en banc review of their appeal in the TiVo case. DISH's request for a full rehearing was denied but the en banc review effectively puts that March 4 Appeals Court judgment on hold. That should mean no DVR shutdown until the full Court rules (and then, of course, only if the Court rules thumbs down). The process could take months. For more detail, see Monday's SkyREPORT.•
Arianespace
Against all odds (Bernstein Research analyst Craig Moffett puts them at around 2%), DISH Network and EchoStar have won their request for an en banc review of their appeal in the TiVo case. DISH's request for a full rehearing was denied but the en banc review effectively puts that March 4 Appeals Court judgment on hold. That should mean no DVR shutdown until the full Court rules (and then, of course, only if the Court rules thumbs down). The process could take months. For more detail, see Monday's SkyREPORT.•
Breaking News as of 1:15 PM(CST):
Via Skyreport
DISH Wins En Banc
Against all odds (Bernstein Research analyst Craig Moffett puts them at around 2%), DISH Network and EchoStar have won their request for an en banc review of their appeal in the TiVo case. DISH's request for a full rehearing was denied but the en banc review effectively puts that March 4 Appeals Court judgment on hold. That should mean no DVR shutdown until the full Court rules (and then, of course, only if the Court rules thumbs down). The process could take months.
Via Skyreport
DISH Wins En Banc
Against all odds (Bernstein Research analyst Craig Moffett puts them at around 2%), DISH Network and EchoStar have won their request for an en banc review of their appeal in the TiVo case. DISH's request for a full rehearing was denied but the en banc review effectively puts that March 4 Appeals Court judgment on hold. That should mean no DVR shutdown until the full Court rules (and then, of course, only if the Court rules thumbs down). The process could take months.
Unless the Appeals Court goes against Dish and Charlie goes the Supreme Court and they flip some or all of the Appeals Court rullings.
If TiVO DOES lose this review, then I think that would be the nail in the coffin for them. Strike up the band so they can play while the Titanic slowly sinks.
I believe they would appeal of course. But time is ultimately against TIVO on many levels. Patents running out, losing money hand over fist, and over lawsuits lingering like vulchers ready to start picking at TiVOs bones. TiVO needs the court precedence and the money.
That stuff is great on paper, but when your on a sinking boat you don't necessarily get to pick the terms of your surrender. What I mean by that is, if I'm on TiVOs board and we have one foot in the grave and another on a banana peel, I'd vote to scratch that poison pill stuff to recoup some losses rather than Charlie just sit there and let us bleed more thus ultimately increasing losses.
Patents generally run 20 years from the date the application is submitted. Unless tivo cannot even make the maintenance fees due at certain intervals I don't think many of them are expiring soon.
