Court ruling today in TiVo case.

[HDRoberts]

However, we once again affirm the district court’s finding of contempt of the disablement provision of the permanent injunction and its sanctions award in its entirety because we conclude that EchoStar waived arguments of overbreadth and vagueness with regard to that provision.

Sounds like they are agreeing with Dish in it's entirety (i.e. that the requirement to disable DVR functionality was overbroad), but are upholding because Dish should have objected earlier if they felt they could design around it.

They agreed they do not continue to infringe (or more accurately, that the case would need re-heard), but there was a court order to shut down the DVRs regardless of infringement, and they are still in contempt of that.

Petition for writ of certiorari is probably coming. It will be interesting to see what happens. SCOTUS just might want to take up one of these techie patent cases.

 

[navychop]

Sounds like the TiVo corpse just got a small reprieve. But not a resurrection.

 

[Peter Parker]

That's clear as mud. So what does it mean. TIVO is screwed on it's bogus patent? But what does it mean to E*? If they aren't infringing then how can they be in contempt of infringing. Got a feeling we will be hearing more on this subject. May TIVO go bankrupt over it's own patent rip offs.

Al parties are supposed to abide by court rulings even if they disagree with them. the fact that the ruling might eventually be overturned does not change that. So it is quite possible to be in contempt of a ruling that is eventually overruled.

 

[Scott Greczkowski]

DISH Network and Echostar Statement Regarding U.S. Federal Court of Appeals decision on Tivo​

ENGLEWOOD, Colo. – April 20, 2011 – DISH Network L.L.C., a subsidiary of DISH Network Corporation (NASDAQ: DISH), and EchoStar Technologies L.L.C., a subsidiary of EchoStar Corporation (NASDAQ: SATS), issued the following statement regarding the decision by the U.S. Federal Court of Appeals regarding Tivo:

“DISH Network and EchoStar are pleased that the Federal Circuit Court of Appeals has unanimously vacated the district court’s contempt ruling regarding our software design around. We are disappointed, however, that the Federal Circuit in a 7-5 split decision has affirmed the district court’s ruling on the disablement question. We intend to seek review of that part of the decision by the United States Supreme Court and seek a stay of the injunction while doing so. We also will be making a motion to dissolve the injunction based on Tivo’s recent representations to the Patent and Trademark Office substantially limiting the scope of the claims at issue in this case. Existing DISH Network customers with DVRs are not immediately impacted by these recent developments. The disablement ruling covers only certain older generation MPEG2 DVRs. We have already upgraded many of these customers and, if we are unsuccessful in obtaining a stay, we will work as quickly as possible to upgrade the remaining customers to our current generation DVRs, as these are not at issue in the ruling.”

 

[Curtis0620]

DISH Network and Echostar Statement Regarding U.S. Federal Court of Appeals decision on Tivo​

ENGLEWOOD, Colo. – April 20, 2011 – DISH Network L.L.C., a subsidiary of DISH Network Corporation (NASDAQ: DISH), and EchoStar Technologies L.L.C., a subsidiary of EchoStar Corporation (NASDAQ: SATS), issued the following statement regarding the decision by the U.S. Federal Court of Appeals regarding Tivo:

“DISH Network and EchoStar are pleased that the Federal Circuit Court of Appeals has unanimously vacated the district court’s contempt ruling regarding our software design around. We are disappointed, however, that the Federal Circuit in a 7-5 split decision has affirmed the district court’s ruling on the disablement question. We intend to seek review of that part of the decision by the United States Supreme Court and seek a stay of the injunction while doing so. We also will be making a motion to dissolve the injunction based on Tivo’s recent representations to the Patent and Trademark Office substantially limiting the scope of the claims at issue in this case. Existing DISH Network customers with DVRs are not immediately impacted by these recent developments. The disablement ruling covers only certain older generation MPEG2 DVRs. We have already upgraded many of these customers and, if we are unsuccessful in obtaining a stay, we will work as quickly as possible to upgrade the remaining customers to our current generation DVRs, as these are not at issue in the ruling.”

So, DISH agrees they are to disable the DVRs.

 

[Scott Greczkowski]

Where do they agree to that?

 

[HDRoberts]

A further reading shows that Dish won the infringement ruling on one small but significant point: that a contempt proceeding could not decide that PID filtering was "parsing" when that point was not established at trial.

They could have one both counts if they raised earlier objections about the ambiguity and breath of the disablement provision (especially the breadth part).

Had EchoStar brought an appeal on the injunction at the time that it issued, arguing that the injunction was overbroad, we could have addressed its legitimacy. The time to do so has long passed.

Anyway, I would not be surprised to see certiorari granted.

 

[KimmiKat]

Dish needs to just buy Tivo and put that company out of it's misery...

 

[Curtis0620]

Where do they agree to that?

The disablement ruling covers only certain older generation MPEG2 DVRs. We have already upgraded many of these customersand, if we are unsuccessful in obtaining a stay, we will work as quickly as possible to upgrade the remaining customers to our current generation DVRs, as these are not at issue in the ruling.”

 

[Scott Greczkowski]

Actually re reading DISH's statement, looks like DISH will flip the small number of remaining older boxes to non infringing next generation boxes to avoid the shut off if they need to. To me they are basically flipping the bird to Tivo...

If they get a stay they get a lot more time to do the swap but if not they have 30 days to do the swaps.

 

[HDRoberts]

So, DISH agrees they are to disable the DVRs.

Did you miss where it said "if we are unsuccessful in obtaining a stay"?

It sounds like they will disable them if and only if the court does not give them a stay pending their petition for Writ of Certiorari.

But I do bet they step up swapping our MPEG2 DVRs in the meantime.

 

[CK SatGuy]

Okay, stupid question. If this only affects MPEG-2 DVRs, why not just let them be disabled? That way everyone gets an MPEG-4 DVR and Dish would be one step closer to converting Western Arc to full MPEG-4. Or does Dish not have enough MPEG-4 DVRs in stock to cover all of those who are affected?

 

[whatchel1]

So, DISH agrees they are to disable the DVRs.

Don't see that anywhere in the statement.

 

[whatchel1]

Okay, stupid question. If this only affects MPEG-2 DVRs, why not just let them be disabled? That way everyone gets an MPEG-4 DVR and Dish would be one step closer to converting Western Arc to full MPEG-4. Or does Dish not have enough MPEG-4 DVRs in stock to cover all of those who are affected?

I kind of said that when I said time to change out to VIP's.

 

[Scott Greczkowski]

Okay, stupid question. If this only affects MPEG-2 DVRs, why not just let them be disabled? That way everyone gets an MPEG-4 DVR and Dish would be one step closer to converting Western Arc to full MPEG-4. Or does Dish not have enough MPEG-4 DVRs in stock to cover all of those who are affected?

I think thats part of the plan. Tivo is HELPING DISH move forward in that aspect.

 

[CK SatGuy]

Yeah, I was a little late in making that post.

 

[HDRoberts]

Okay, stupid question. If this only affects MPEG-2 DVRs, why not just let them be disabled? That way everyone gets an MPEG-4 DVR and Dish would be one step closer to converting Western Arc to full MPEG-4. Or does Dish not have enough MPEG-4 DVRs in stock to cover all of those who are affected?

Not just inventory, but tech time to make the upgrades. I'm betting lots of people with old DVRs are not very tech savvy.

I wonder just how many 522s and 625s are out there.

 

[customhank]

Gee not even a mention of this at the other satellite site on their front page. I consider this to be big news.

 

[Scott Greczkowski]

Not just inventory, but tech time to make the upgrades. I'm betting lots of people with old DVRs are not very tech savvy.

I wonder just how many 522s and 625s are out there.

Not as many as you think. Besides what is it something like 170,000 of them are considered to be complient anyways.

 

[lakebum431]

I would guess there are more out there than you might expect. Those of us on SG are more likey to upgrade to the latest and greatest technology than the average customer. Most of them probably don't even know there is a latest and greatest...