Throwing out the very patent tivo has been using in it's extortion game is more than a 'slight positive'. Considering, without that patent they don't have anything to sue anyone over.
DISH Network and Echostar Statement Regarding PTO Ruling
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Throwing out the very patent tivo has been using in it's extortion game is more than a 'slight positive'. Considering, without that patent they don't have anything to sue anyone over.
Thomas Eagan
I looked the guy up and his track record for predictions in this case of TIVO vs E* is pretty weak. He was predicting that E* would have to start paying TIVO $ 3.50 to $4 per sub per month before the ruling. That was about a month ago. Just wonder if this is the Thomas who has been defending TIVO here actually is?
I looked the guy up and his track record for predictions in this case of TIVO vs E* is pretty weak. He was predicting that E* would have to start paying TIVO $ 3.50 to $4 per sub per month before the ruling. That was about a month ago. Just wonder if this is the Thomas who has been defending TIVO here actually is?
The only people who have thought about going to the Moon are the TiVo investors/supporters
They might still go to the Moon, hope is eternal, but don't accuse E* supporters of such nonsense, the E* folks just want to be left alone, on Earth.
Interresting the title of the above article borrowed TiVo's patent lawyer's quote and took it as a matter of fact
Nevertheless, this is the first time the TiVo patent attorney who has been handling the PTO reexaminations spoke, it may have hinted their next strategy.
I talked about this earlier that if they amend the software claims as suggested by the PTO, they should be able to get the PTO recertify the claims, but will get E* off the hook, now from what the lawyer was saying, they likely will try to convince the PTO to withdraw the rejection, but will not be willing to get E* off the hook in doing so, if they had to let E* off the hook, they'd rather take the next step and appeal to the BPAI instead.
en banc
After reading thru the whole thing makes me think that the Federal court may be telling Folsom you should have had another hearing. Now with the confusion that the PTO has thrown into the "case" it could go on until TIVO has problems paying for it's lawyers.
After reading thru the whole thing makes me think that the Federal court may be telling Folsom you should have had another hearing. Now with the confusion that the PTO has thrown into the "case" it could go on until TIVO has problems paying for it's lawyers.
I think the above piece is significant for a few reasons. First it is posted on a legal website, second it interviewed and used a statement by the TiVo's patent reexamination attorney. In my view the title "far from over" delivers the attorney's message, therefore likely also a message from TiVo.
It is important to note that TiVo had never conceded the case "far from over" before, the most TiVo had said was that they were disappointed by the further delay after the appeals court granted the en banc review. If TiVo is fully confident that the en banc panel will again affirm Judge Folsom's ruling, the case will not be "far from over" rather pretty much over early next year. Yes E* will likely appeal to the Supreme Court but the market will still consider the case over.
Therefore if the statement "far from over" is indeed agreed by TiVo, and the "case" is not limited to just the reexamination case, rather the entire case between TiVo and E*, then TiVo is now conceding the likelihood of the en banc panel ordering a new trial, only then the case will be "far from over."
A new trial however will be nearly impossible for TiVo to take any advantage of the old trial TiVo had won, because by then the software claims will likely still be rejected, if so TiVo cannot use the software claims against E* in that new trial. TiVo in all practicality will be starting all over, just like suing Verizon and ATT/MS.
With respect to its cases against Verizon and ATT/MS, several things I want to mention. First both Verizon and ATT/MS are asking Judge Folsom to give up his cases and move them out of his E. TX court. Second ATT/MS had provided more than 24 evidence, mostly prior patents, including the Dishplayer 7100 and the associated MS patent, to argue that the TiVo's entire "Time Warp" patent, not just the software claims, is invalid.
We'll just have to wait and see what happens next.
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Don Quixote
This is starting to sound a lot like Don Quixote (TIVO) and windmills (all these guys with really big $$). E* has much less $$ than Verizon, ATT, & MS. So was TIVO using E* as a test before going after the big guys. Just musing here.
This is starting to sound a lot like Don Quixote (TIVO) and windmills (all these guys with really big $$). E* has much less $$ than Verizon, ATT, & MS. So was TIVO using E* as a test before going after the big guys. Just musing here.
This is starting to sound a lot like Don Quixote (TIVO) and windmills (all these guys with really big $$). E* has much less $$ than Verizon, ATT, & MS. So was TIVO using E* as a test before going after the big guys. Just musing here.
Back in 2004 when TiVo sued E*, TiVo was in a bad shape, then after the 2006 win, DirecTV became TiVo's biggest client, but it only lasted about two years. See the pattern?
SkyReport Rumormill
Today SkyReport is adding to the Rumor that E* will buy Tivo. Rumormill: Talk of a DIRECTV purchase of TiVo has surfaced. That's instead of DISH, which starred in the last round.
Today SkyReport is adding to the Rumor that E* will buy Tivo. Rumormill: Talk of a DIRECTV purchase of TiVo has surfaced. That's instead of DISH, which starred in the last round.
I wouldn't be surprised if it wasn't Tivo thjat started the rumor just to boost interest. What use does DirecTV have for Tivo, aside from the remote chance that they could shut down Dish DVRs?
Hey, it worked for United when they wanted Continental to sit at the negotiating table.
Hey, it worked for United when they wanted Continental to sit at the negotiating table.
Will it work for Charlie?
Besides, this rumor was apparently the work of some amateur because to think that DirecTV will buy TiVo so it can try to shut off some services provided by its one and only direct competitor in the US, therefore raising many issues such as antitrust and all...
Who calls the shot as to whether the ATT/MS case is moved out of Folsom's court? If its the Federal Circuit hearing the Tivo vs. Echostar case, then that should be pretty telling as to its views of Folsom's previous actions if the move is allowed.
Fitzie
Fitzie
In catching up on this thread, I noted that Don Landis posted info. from the 10Q report of June. The information in the 10Q report was as he stated, so far as I could determine. I don't remember precisely where I read the statement that Tivo owed more than $700 million, perhaps I misinterpreted something. Those financial statements are long. In any event, I think it is clear that Tivo claims not to have any substantial debt. From my review, I could not come to any conclusion as to what the company is worth. Certainly not what the poison pill(s) would involve. I don't think DirecTv or Dish would have any interest in purchasing the company, under current conditions, though Charlie E. hinted before the agreement of the Appeals Court to hear the case En Banc that he was amenable to a settlement. Additionally, if Tivo is found to be in violation of ATT and MS patents, things get stood on their head.
Best regards,
Fitzie
Best regards,
Fitzie
