DISH Network and Echostar Statement Regarding PTO Ruling

[Scott Greczkowski]

DISH Network and Echostar Statement Regarding PTO Ruling​

​

ENGLEWOOD, Colo. – June 8, 2010 – 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 recent developments in TiVo vs. EchoStar Communications Corporation:

“We are pleased the Patent and Trademark Office issued a Final Office Action maintaining its rejection of the software claims of TiVo's patent. These software claims are the same claims that EchoStar was found to have infringed in the contempt ruling now pending for en banc review by the Federal Circuit. In the Final Office Action, three examiners of the PTO considered TiVo's response and, in a detailed 32-page decision, finally concluded that the software claims were unpatentable in view of two prior art references.”

 

[Tyralak]

This is great news!

 

[digiblur]

Can we lower the DVR fees now?

 

[skyviewmark]

So... What does this mean.. Is it OVER?

 

[navychop]

"... unpatentable in view of two prior art references.”

You mean the system (almost) works? Good to finally get to the correct decision, Better to have made it in the first place.

Hmmm. What's that whistling sound I hear? Tivo stock dropping?

 

[navychop]

So... What does this mean.. Is it OVER?

Naw. But they're cueing the fat lady to start her warm up.

 

[Hemi 6.1]

Can we lower the DVR fees now?

I might sign a commitment if they do that.

 

[Scott Greczkowski]

Here is TiVo's statement on the matter...

Press Release Source: TiVo On Tuesday June 8, 2010, 3:53 pm

ALVISO, CA--(Marketwire - 06/08/10) - TiVo Inc., the creator of and a leader in television services and advertising solutions for digital video recorders (DVRs), offered the following statement on the United States Patent and Trademark Office (PTO) decision.

"While TiVo is disappointed with this recent PTO office action, this is just one of several steps in the review process. We will continue to work with the PTO to explain the validity of the claims under review. It is important to note that TiVo received a "final action" holding several claims invalid during EchoStar's first reexamination request at this juncture only to have the PTO ultimately uphold the validity of all claims of the patent.

Moreover, the PTO proceeding is separate and apart from the ongoing litigation against EchoStar and does not impact the current United States Court of Appeals en banc review of the district court's finding of contempt against EchoStar and the related injunction."

 

[TheForce]

Market hasn't had time to react yet. The Newswire only hit at 3:52 PM. Good job, Scott!




According to TIVO statement, the final action is subject to additional review and additional action? What part of "Final" is not clear? ?????

 

[navychop]

Meanwhile, dancing bears have become a common sight on Wall Street, and TiVo announced the PTO has just given preliminary approval to their patent on the use of fingers to control DVRs......


:haha :haha :haha

 

[Scott Greczkowski]

Tivo's stock is taking a dump.

TiVo Inc. Share Price Chart | TIVO - Yahoo! Finance

 

[harshness]

Moreover, the PTO proceeding is separate and apart from the ongoing litigation against EchoStar and does not impact the current United States Court of Appeals en banc review of the district court's finding of contempt against EchoStar and the related injunction."

Perhaps someone could explain how TiVo might benefit from a contempt finding. This comment seems like a red herring.

 

[Dave90000]

From the way this is playing out it appears charlie might know exactly what he is doing concerning Tivo. Seems like in the end charlie is going to come out on top.

 

[MikeD-C05]

Doesn't he always come out on top, in some way or fashion?

 

[Weezknight]

From the way this is playing out it appears charlie might know exactly what he is doing concerning Tivo. Seems like in the end charlie is going to come out on top.

I'm no longer a customer of Charlies', but I will say that he usually does end up on top. If it wasn't for price point for the channels I wanted +Internet, I'd still be with Dish. I was very satisfied with the product and his "tactics" .

 

[crazywater]

Isn't this just upholding a previous ruling? So basically not much has changed?

 

[Scott Greczkowski]

Its a final decission now. Before it wasn't.

Of course while its final Tivo has a year to appeal the ruling and if they do the patent stays in effect until the appeal is ruled upon.

My question is will TiVO have enough money to keep it going that long?

There was a beer commercial on TV which said it best... "Know when to say when."

 

[Tyralak]

I wonder where "Thomas" is? What's he goin' do with this pimpin?

 

[kstuart]

My understanding is that the Appeals Court will still decide whether Dish will be punished for being in contempt of the judge's order.

The question is whether the Appeals Court will take into account that the patent has now been declared invalid.

One could consider this to have some similarities with the recent Perfect Game controversy.

The pitcher was right, he did get the 27th batter out, and the umpire (e.g. "judge") himself admitted that he was wrong.

Despite all that, the "Appeals Court" of the MLB Commissioner did not give the pitcher a "one time only ruling", and failed to take advantage of both the umpire admitting he was wrong (which in soccer is sufficient grounds by itself), and the unusual circumstance that it was the last play of the game.

In a similar way, the Appeals Court here may still punish Dish for its legal tactics, and ignore the fact that Dish was right, and TiVo was wrong, in terms of the patent itself...

 

[MikeD-C05]

I have a feeling that Charlie will wait out Tivo and end up buying the company for a lot less than he would before. Especially since the Tivo stock is dropping as we speak. I don't see Tivo winning in the end. DISH has deep pockets compared to Tivo.