Dish Asks Appeal Court to Allow Recording-Service Use

[Scott Greczkowski]

Dish Network Corp. and EchoStar Corp. asked an appeals court to throw out a lower court’s order that the companies stop using a digital-video recording service that the court had said infringes a TiVo Inc. patent.

Barring Dish and EchoStar’s service “is not a meaningful remedy,” Seth Waxman, an attorney for the companies, told a three-judge panel of the U.S. Court of Appeals for the Federal Circuit in Washington.

Dish, the second-biggest U.S. satellite-television provider, was ordered to shut down its DVR service by U.S. District Judge David Folsom in Marshall, Texas, who ruled June 2 that it continues to infringe a patent owned by TiVo, a pioneer of digital-video recording services.

The appeals court later said it would allow Dish’s customers with their digital-video recorders to continue using the service while company appealed Folsom’s ruling.

Read the rest at Dish Asks Appeal Court to Allow Recording-Service Use (Update1) - Bloomberg.com

 

[Curtis0620]

Looks more and more like DISH is anticipating a loss.

This is Damage Control.

 

[Scott Greczkowski]

How is it damage control? This is part of the appeals process in the appeals court.

 

[Curtis0620]

After they lose, so they don't have to shut off their DVR's.

 

[Curtis0620]

Why do they need to worry about a shut off if they win?

 

[Scott Greczkowski]

You really dont understand what an appeal process is or how it works do you?

 

[rockymtnhigh]

and round and round we go... what's old is new again.

Scott is completely accurate. Of course they are going to argue that; its an appeal.

 

[Curtis0620]

You really dont understand what an appeal process is or how it works do you?

Sorry, the headline was misleading, it doesn't refer to the monetary damages.

 

[space86]

Dish Network Corp. and EchoStar Corp. asked an appeals court to throw out a lower court’s order that the companies stop using a digital-video recording service that the court had said infringes a TiVo Inc. patent.

Barring Dish and EchoStar’s service “is not a meaningful remedy,” Seth Waxman, an attorney for the companies, told a three-judge panel of the U.S. Court of Appeals for the Federal Circuit in Washington.

Dish, the second-biggest U.S. satellite-television provider, was ordered to shut down its DVR service by U.S. District Judge David Folsom in Marshall, Texas, who ruled June 2 that it continues to infringe a patent owned by TiVo, a pioneer of digital-video recording services.

The appeals court later said it would allow Dish’s customers with their digital-video recorders to continue using the service while company appealed Folsom’s ruling.

Read the rest at Dish Asks Appeal Court to Allow Recording-Service Use (Update1) - Bloomberg.com

The VIP Series 622, 722 and 922 would not be shutoff because
they are hardware based not software based?

 

[sundude90]

Do all DISH DVR Services infringe on these Patients or just certain ones. If Dish loose would I loose my VIP612?

 

[David_Levin]

Barring Dish and EchoStar’s service “is not a meaningful remedy,” Seth Waxman, an attorney for the companies, told a three-judge panel of the U.S. Court of Appeals for the Federal Circuit in Washington.

What the heck does this mean? It doesn't sound like much of a legal argument. It may not be a meaningful remedy, but sure sounds like a legal one. If all else fails E* only solution will be to pay TiVo (and add the fee to my bill?).

Is Dish still appelaing Judge Folsom's decision on the software work-around ?

I realize this separate from the Patent re-examination over at the PTO.

 

[space86]

Dish Network Corp. and EchoStar Corp. asked an appeals court to throw out a lower court’s order that the companies stop using a digital-video recording service that the court had said infringes a TiVo Inc. patent.

Barring Dish and EchoStar’s service “is not a meaningful remedy,” Seth Waxman, an attorney for the companies, told a three-judge panel of the U.S. Court of Appeals for the Federal Circuit in Washington.

Dish, the second-biggest U.S. satellite-television provider, was ordered to shut down its DVR service by U.S. District Judge David Folsom in Marshall, Texas, who ruled June 2 that it continues to infringe a patent owned by TiVo, a pioneer of digital-video recording services.

The appeals court later said it would allow Dish’s customers with their digital-video recorders to continue using the service while company appealed Folsom’s ruling.


The VIP Series 622, 722 and 922 would not be shutoff because
they are hardware based not software based?

 

[David_Levin]

Do all DISH DVR Services infringe on these Patients or just certain ones.

That depends on who you ask (TiVo or Charlie). This will trigger another multi-year court process. For now, the VIP series is safe.

If Dish loose would I loose my VIP612?

Nah, Dish will pay before they shut off any DVRs.

 

[Curtis0620]

Do all DISH DVR Services infringe on these Patients or just certain ones. If Dish loose would I loose my VIP612?

It would only be the 8 listed in the lawsuit. However, if DISH loses they will just have to enter into a licensing agreement.

Your DVR will never be shut off.

 

[Curtis0620]

US Appeals Court Weighs Contempt Sanction in Dish-TiVo DVR Case

Judges on the U.S. Court of Appeals for the Federal Circuit questioned whether EchoStar and Dish waited too long to challenge a trial judge's injunction that ordered the companies to disable the DVR functionality in their set-top satellite boxes.

 

[JimK2]

Dish Network Corp. and EchoStar Corp. asked an appeals court to throw out a lower court’s order that the companies stop using a digital-video recording service that the court had said infringes a TiVo Inc. patent.

Barring Dish and EchoStar’s service “is not a meaningful remedy,” Seth Waxman, an attorney for the companies, told a three-judge panel of the U.S. Court of Appeals for the Federal Circuit in Washington.

Dish, the second-biggest U.S. satellite-television provider, was ordered to shut down its DVR service by U.S. District Judge David Folsom in Marshall, Texas, who ruled June 2 that it continues to infringe a patent owned by TiVo, a pioneer of digital-video recording services.

The appeals court later said it would allow Dish’s customers with their digital-video recorders to continue using the service while company appealed Folsom’s ruling.


The VIP Series 622, 722 and 922 would not be shutoff because
they are hardware based not software based?

Tivo Media Switch is a 3 port bi-directional hardware device used to pass input source stream directly to HDD and from HDD to output bypassing the CPU and enabling a DVR to use a slow cheap CPU's cutting the cost to build a DVR by more then 50% savings.
Multimedia time warping system - Google Patent Search

 

[Scott Greczkowski]

The VIP Series 622, 722 and 922 would not be shutoff because
they are hardware based not software based?

Bingo.

 

[Scott Greczkowski]

Your DVR will never be shut off.

At last we agree on something.

 

[David_Levin]

Lawyers, can't live with-em, can't shoot em (sorry lawyers).

So, perhaps the courts are moving in the direction of letting Folsom's rulings stand. Dish will have to pay/license until (and if) the status of the Patent changes.

Whatever happens, it does sound like this is nearing the end.

Interestingly, TiVo and Dish stock seems to be unaffected (perhaps because no-one knows what to make of the court's wishy-washy statement).

 

[Poke]

Yeah sounds like the Crybaby TIVO is crying again. It seems like they don't like competition especially when it's better than them. I could easy see all TV Providers with a DVR going through this at some point time.. Just my 2 cents.