Did Read this wrong?? Does it not say the harware portion was overturned which means echostar need not worry about harware(chips, harddrive and any semiconductor portion TIVO claimed? Sound like a simple software change which on my 722 already seems to have happened. It is a win as far as a DVR shutdown goes IMO. The software can be changed at 3 in the morning while I sleep... if more changes are needed. The Lawsuit was bogus to begin with but the TIVO lawyers talk doublespeak like no others! TIVO does not and should not control any harddrive type recording tech because they did it first! Imagine if Ford said I built the first car so noboby else can build one, I am the final say in autos!!!!! They list can go on and on.
You did read it wrong.
The court stated, "At several points, TiVo argues that even if this court were to overturn the jury’s verdict of literal infringement, there would still be ample evidence of infringement under the doctrine of equivalents. There are two problems with upholding the judgment on the hardware claims on that basis. First, the jury was told that if it found literal infringement it should not make a determination as to whether there was infringement under the doctrine of equivalents, so there was no verdict on the issue of equivalents with regard to the hardware claims. Second, we have construed two of the claim limitations more restrictively than the trial court’s instructions permitted. For that reason, even if the jury had reached a verdict with respect to the doctrine of equivalents we could not sustain that verdict merely upon finding that substantial evidence supported it. At this juncture, we could uphold the judgment on the basis of the doctrine of equivalents only if we were to conclude that no reasonable jury, given proper instructions, could reach any verdict other than to find infringement by equivalents. The parties, however, have not briefed that issue in any detail, and we therefore do not address it. More generally, we do not decide what further proceedings, if any, are appropriate in the district court regarding the equivalents issue. Instead, we leave that issue for the district court to resolve in the event that, on remand, TiVo decides to continue to pursue the hardware claims in light of this decision."
Essential Tivo can have the hardware issue reexamined by the district court. The press release from Echostar was comical.