Dish's en banc request APPROVED!

[n0qcu]

But should we be stunned considering they lost a "key ruling"? I understand 41% is a lot to lose, but I was surprised at the way it was reported. You would think they had lost the case, which clearly they have not. The "key ruling" was that E*'s appeal will be heard en banc, not a reversal. I personally can't wait for this one to be done, but that won't be for a while now. What will happen to Tivo stock if E* wins the appeal on contempt? I would expect E*'s to go down considerably if they lose, but Tivo could be in real trouble if they lose the appeal. And no, I don't know a lot about stocks, sorry. I do know that down is bad if you own, good if you want to buy.

Tivo cannot lose the appeal. They are NOT the party appealing.
DISH is the party that's appealing. You mean if DISH wins.

 

[TNGTony]

OMG!!! Was that post really necessary? Talk about a distinction without a difference!

 

[slick1ru2]

I would gladly pay $2-3 more a month toward TiVo to keep my DVRs and EHDs.

 

[david_jr]

Tivo cannot lose the appeal. They are NOT the party appealing.
DISH is the party that's appealing. You mean if DISH wins.

Uh....how can Dish win if Tivo doesn't lose??? Isn't that the whole idea of an adversarial outcome, no win-wins?

 

[Fitzie]

Uh....how can Dish win if Tivo doesn't lose??? Isn't that the whole idea of an adversarial outcome, no win-wins?

The proceeding is certainly an adversarial one, with Dish on one side and Tivo on the other.

Dish is the appellant, and Tivo the appellee. Dish is appealing Judge Folsom's decision, and Tivo is supporting it. If Dish wins the appeal, it might be technically correct to say that Tivo lost in its support of Judge Folsom's decision. Or you could just say that they lost in their defense against the appeal.

Of great concern to Dish is that if they lose their appeal, then they almost certainly will have lost the case since it is unlikely that the Supreme Court would take up an En Banc decision (of this court) for further review. If Tivo loses the appeal proceeding, the most likely outcome will be that Judge Folsom's contempt and infringement decisions will be vacated and the case remanded to Folsom's court for further consideration using whatever instructions the C.A for the Federal Circuit provides to him.

The instructions for briefing from the Federal Court strongly imply the FC believes Judge Folsom was incorrect in finding Dish in contempt of court without a full and complete hearing as to whether Dish's work-around does or does not continue to infringe Tivo's patents. Though not stated, one might conclude that if a full hearing concludes there is no infringement, there should be no contempt order.

A review of the order of the Federal Court in the Harvard/MIT et al versus Eli Lilly patent infringement case ("the '516 patent") decided in March shows there is a distinct split on the court, with a 2 or 3 judge minority strongly opposing an 8 or 9 judge majority in how to rule on patent infringement cases. The majority has adopted the position that a patent covers only what the patent application specifically describes; the minority is essentially holding that a patent covers anything the patent holder "claims" it covers, whether described in the patent or not. The importance of the Eli Lilly precedent is enormous, since the majority of the FC in its decision stated a purpose in requiring the patent holder to fully "describe" the patent in the patent application is so follow-on inventors will know what they must do to create a "work-around" without infringing on the patent holder's patent. This distinction could be critical in ultimately determining whether Dish actually infringed any part of Tivo's patent, and leads me to believe the full FC is intent on stopping "wild-cat" action by the dissident judges in patent infringement disputes (which may be contrary to the full FC's position) when they happen to be in the majority on one of the panels.

Best regards,
Fitzie

 

[david_jr]

Thank you for that informative response.

 

[KAB]

Interesting

Jumping off sinking ship? Or conflict of interest?
Zaslav To Step Down From TiVo Board - 2010-05-18 21:51:17 | Multichannel News

 

[David_Levin]

6/8 Bloomberg: Tivo Patent Claims in Echostar Case Rejected

Bloomberg.com: News

I’m reading mixed things about what this does to the case in progress. TiVo can appeal. Takes 1yr+. Patent is still in effect during the appeal.

Dish has a trial date coming up with respect to the patent work-around. Can they ask for a stay until the patent question is resolved? Maybe the new judge (Rader) looking and the work-around and contempt charges will be influenced by the patent question (though I’m not sure legally it matters).

By Susan Decker

June 8 (Bloomberg) -- TiVo Inc. lost a ruling before the U.S. Patent and Trademark Office of a patent that’s the subject of a legal dispute with Dish Network Corp. and EchoStar Corp.

The U.S. Patent and Trademark Office issued a final rejection of two patent claims that were asserted against the satellite-television provider. The patent office review is a parallel proceeding to the legal case before a U.S. appeals court.

 

[Scott Greczkowski]

http://www.satelliteguys.us/dish-ne...network-echostar-statement-regarding-pto.html

 

[Tyralak]

This is good.

 

[Dah-Henny]

A few tidbits:
MediaBiz

DISH/EchoStar and TiVo faced off in court again yesterday and some observers read the exchange as a plus for the Charlie Ergen crew.

 

[Dah-Henny]

and more...
Dish Network Likely To Acquire TiVo

Citigroup analysts today said they continue to believe that DISH Network Corp will likely acquire TiVo.

 

[navychop]

Gee. Some folks here predicted well. Or at least so it seems so far.

 

[david_jr]

Honestly, I expected more chatter on this. Is everyone finally sick of it?

 

[Scott Greczkowski]

We dont really know much of what happened yesterday therefore not much talk.

I have heard that it did look good for DISH.

 

[navychop]

My money is on Mr. Ergen coming out smelling like roses.

 

[Curtis0620]

My money is on Mr. Ergen coming out smelling like roses.

Just like he did in the Distant Network case.

 

[Scott Greczkowski]

Just like he did in the Distant Network case.

Yup and guess who will soon be offering Distant Network's again.

That case was really worth it huh?

When dish applied to get their distant networks licence again, not one network objected.

 

[Curtis0620]

Yup and guess who will soon be offering Distant Network's again.

That case was really worth it huh?

When dish applied to get their distant networks licence again, not one network objected.

So, a few years without a DVR will be worth it?

 

[Scott Greczkowski]

Its never going to happen, you know that and I know that. Even the people I have talked to at Tivo know that.