Dish Appeal against TIVO denied

But, do the new DVR's have any features that might infringe on Tivo's patent?

Tivo specifically mentions their 'Time Warp' feature was infringed on by Dish.

Does that mean that Dish mush not use anything that even vaguely resembles 'time warp' or 'time chase' ?
 
They can still appeal to the Supreme Court. This isn't nessecarily the end.

I do not think the Supreme Court would consider taking the case. It is not one involving something important. It is not a precidence setting case, just a run of the mill patent dispute.

Dish is either going to have to prove that their new software does not violate patents or get a license for the patents from TiVo.

Dish will have to pay the judgment either way to cover past violations.
 
If my dvr does get disabled i can guarantee I will have a csr supervisor on the phone for hours until they do let me out!

A) Again, you DVR functionality isn't going anywhere and
2) You won't get out of the contract no matter how much you cry. You might want to go back and read the thing you signed.
 
Something is really wrong with this company. They did not pay me any of my commissions (or whatever they call them) last year and did not pay me my residuals either. They rip people (and retailers) off and things are finally having a way to catch up with them. Maybe Karma truely does exist. You can only go so far before you cross the line and I think they are and have already crossed the boundary with several things (and people). I don't see things getting any better either. The company got too big for their britches. They were not near this bad when they were a smaller company.
 
I don't blame Dish. I think the patent is bogus. (Full disclosure: I'd like to see patents and copyrights dumped altogether so that (1) people have to work for their money like the rest of us and (2) we have a legal system rooted in physical reality rather than fantasy; but even if I believed in patents I'd still think this one was bogus. You start writing a file, then another process starts reading it before it's closed -- that's not innovation, any programmer could do it on their own computer.)
 
Something is really wrong with this company. They did not pay me any of my commissions (or whatever they call them) last year and did not pay me my residuals either. They rip people (and retailers) off and things are finally having a way to catch up with them. Maybe Karma truely does exist. You can only go so far before you cross the line and I think they are and have already crossed the boundary with several things (and people). I don't see things getting any better either. The company got too big for their britches. They were not near this bad when they were a smaller company.

So all of this is because you didn't get some money?
I don't know the situation, but maybe you didn't get your money because of a failure on your part to do something correctly and not their's. But I have trouble believing that the whole tivo thing is because you didn't get some money.
 
The burden of proof is not on DISH to prove they are no longer infringing on the patent.
The appeals court said on 1-31 the injunction will be reinstated. The injunction says that the hard drives in the infringing devices must be disabled. That means no picture. No live TV. There is a list of infringing model numbers in the injunction with a statement in the injunction that any model with only a slight difference also infringes. The new models contain the Broadcom chip. That means they also infringe.
 
Where has the courts said this? The hardware part has been remanded.

Appeals Court:

"Based on evidence that the Broadcom chip and the temporary data storage
buffer operate together in the process of moving data from the physical data source, it was reasonable for the jury to find that the temporary data buffer was simply an extension of the physical data source where data was stored pending its extraction for further processing. From that evidence, the jury could permissibly find that the “Ioctl” command, the relevant portion of the source object in the EchoStar DVRs, extracts video and audio data from the physical data source. As there is substantial evidence that the required data and operations are performed by the accused DVRs, and because we agree that the pertinent data and operations do not need to be housed within a particular file or grouping of lines of code, the EchoStar DVRs satisfy the
“extracting” limitation. We therefore uphold the jury’s verdict that the EchoStar DVRs infringe the software claims of the ’389 patent. "
 
It would sure be nice to see a resolution on this. One less black cloud hanging over Echostar. The lawyers are probably negotiating hot and heavy, it will be interesting to see how much Echostar/Dish ends up paying TiVo.
 
It would sure be nice to see a resolution on this. One less black cloud hanging over Echostar. The lawyers are probably negotiating hot and heavy, it will be interesting to see how much Echostar/Dish ends up paying TiVo.

Tivo seriously pisses me off. They're an annoying little gnat, and Dish ought to do a hostile takeover, strip their technology and shut them down.
 
So all of this is because you didn't get some money?
I don't know the situation, but maybe you didn't get your money because of a failure on your part to do something correctly and not their's. But I have trouble believing that the whole tivo thing is because you didn't get some money.

I never said that it had anything to do with me getting my money. No it was not due to something I didn't do correctly. They have tried to do some things before and I got the money back. I did not catch it in time to do something about it this go around and just quit.

My point is that if they are dishonest about some things such as what they done to me then what else are they dishonest about? If they do owe Tivo the money then they should pay it. What I don't understand is why did Tivo wait so long to do something about it? Or does it take this long to get some results?
 
Stargazer said:
What I don't understand is why did Tivo wait so long to do something about it? Or does it take this long to get some results?
Timeline of the TiVo v. Echostar case:

7 January 2004 - TiVo files suit against Dish Network, claiming infringement of the Time Warp patent.
March/April 2006 - DISH/SATS found guilty of violating some claims of TiVo's Time Warp patent.
8 September 2006 - Judge in District Court signs Final Amendment and Injunction, so that TiVo is awared $97 million and an injunction. The judge refuses to issue a stay on the injunction, as he believes DISH/SATS cannot defeat all points in the guilty verdict.
9 September 2006 - DISH/SATS receive stay of injunction
31 January 2008 - Court of Appeals decision upholding the software claims and injunction, but reversing the hardware claims verdict. Court also removes stay of injunction, taking effect seven days after DISH/SATS finishes with any appeals in the process
18 April 2008 - District Court's injunction goes into full force and effect
16 May 2008 - TiVo's brief, regarding any outstanding issues since the judgment 8 September 2006
23 May 2008 - DISH/SATS reply to TiVo, and any other points they wish to discuss
30 May 2008 - first hearing regarding filed briefs

A bit over four years to get results.
 
Timeline of the TiVo v. Echostar case:

7 January 2004 - TiVo files suit against Dish Network, claiming infringement of the Time Warp patent.
March/April 2006 - DISH/SATS found guilty of violating some claims of TiVo's Time Warp patent.
8 September 2006 - Judge in District Court signs Final Amendment and Injunction, so that TiVo is awared $97 million and an injunction. The judge refuses to issue a stay on the injunction, as he believes DISH/SATS cannot defeat all points in the guilty verdict.
9 September 2006 - DISH/SATS receive stay of injunction
31 January 2008 - Court of Appeals decision upholding the software claims and injunction, but reversing the hardware claims verdict. Court also removes stay of injunction, taking effect seven days after DISH/SATS finishes with any appeals in the process
18 April 2008 - District Court's injunction goes into full force and effect
16 May 2008 - TiVo's brief, regarding any outstanding issues since the judgment 8 September 2006
23 May 2008 - DISH/SATS reply to TiVo, and any other points they wish to discuss
30 May 2008 - first hearing regarding filed briefs

A bit over four years to get results.

You forgot:

30 July 2008 - Tivo purchase by Dish network is finalized
1 August 2008 - Dish Network sues cable companies for tivo infringment :lick
 
I have been watching for the past few days and have been watching the Pro Tivo folks that just signed up here in the last few days. What I find interesting is all of them are from the same area in Texas...

Isn't that where the Tivo Trial and lawsuit has been taking place?

If thats the case then I guess I would like to welcome the Tivo legal team to SatelliteGuys. ;)

I just find it funny that all of these guys are coming out of the woodwork since the injunction has been announced as experts. I have been talking with folks from Dish who have been taking notice of some of the stuff posted here, some of the stuff which I am told has never been made public and has only been mentioned in court.

So if your wondering where some of these guys are pulling their facts from, I believe we may now have our answer.

I got to be honest here I welcome them, I have said for a long long time that there should have been a settlement a long time ago. I have always wanted the OPTION of having Tivo software on my Dish Network receivers. Both companies working together could make some amazing things happen.

However no matter what the experts are saying here, I am willing to bet that ALL Dish Network DVR's will still operate on June 1st as they do today (unless of course some new additional features are added) . Don't believe the hype of the guys who are here just trying to make you feel scared.
 

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