DISH Network and EchoStar Statement Regarding TiVo & NFL. Go Legal Team!

[Slamminc11]

DISH Network and EchoStar Statement Regarding TiVo




ENGLEWOOD, Colo., Jan 13, 2009 /PRNewswire-FirstCall via COMTEX News Network/ --

DISH Network Corporation (Nasdaq: DISH) and EchoStar Corporation (Nasdaq: SATS) issued the following statement regarding recent developments in the TiVo Inc. v. EchoStar Communications Corp. lawsuit:

"We are pleased that the Patent and Trademark Office (PTO) granted our Petition for Re-Examination of the software claims of TiVo's '389 patent, which are the subject of TiVo's current motion for contempt. The PTO found that there is a 'substantial new question' of patentability as to the software claims in light of prior patents that appear to render TiVo's '389 patent invalid as obvious."

SOURCE DISH Network Corporation; EchoStar Corporation

 

[riffjim4069]

Sounds like good news for E* (aka Dish Network). Hopefully E* will start schlocking their award winning VIP HD DVRs (622/722/922) to the Cable Cartel and free us from the likes of Motorola, Scientific-Atlanta...and Tivo too. We need more choice...and better HD DVRs would certainly be welcomed!

 

[kstuart]

Thanks for the headsup !

 

[HIFI]

Will this bring about yet another court case?

 

[Laddyboy]

Will this bring about yet another court case?

I think there is another hearing scheduled for sometime in February. I'm not sure whether the PTO's change of heart will affect it or not. I would assume Chuck's legal team will try for a postponement, but I'm not a lawyer.

 

[navychop]

Thank you for this post. This is BIG NEWS. And good for all of us. Patents should not be granted so easily.

 

[goaliebob99]

Legal team is on a roll!!!!!!!!!!!!!! GO LEGAL TEAM! Hopefully 2009 is like this for dish!

DISH Network Statement Regarding NFL Network


ENGLEWOOD, Colo., Jan 13, 2009 /PRNewswire-FirstCall via COMTEX News Network/ --
DISH Network Corporation (Nasdaq: DISH) today issued the following statement regarding recent developments in NFL Enterprises LLC vs. EchoStar Satellite L.L.C.:
"We are pleased that the court denied the NFL Network's motion for summary judgment to enforce the 2006 agreement between the parties. As a result of the ruling, the NFL Network will continue to be offered to DISH Network customers in only our AT200 and AT250 packaging tiers. This will give our customers a choice of programming packages and will not burden all our customers with the cost of the NFL Network."
About DISH Network Corporation
DISH Network Corporation (Nasdaq: DISH), the nation's third largest pay-TV provider and the leader in digital television, provides approximately 13.78 million satellite TV customers as of Sept. 30, 2008 with industry-leading customer satisfaction which has surpassed major cable TV providers for eight consecutive years. DISH Network also provides customers with award-winning HD and DVR technology including the ViP722(TM) HD DVR, which received the Editors' Choice awards from both CNET and PC Magazine. In addition, subscribers enjoy access to hundreds of video and audio channels, the most International channels in the U.S., industry-leading Interactive TV applications, Latino programming, and the best sports and movies in HD. DISH Network offers a variety of package and price options including the lowest all-digital price in America, the DishDVR Advantage Package, high-speed Internet service, and a free upgrade to the best HD DVR in the industry. DISH Network is included in the Nasdaq-100 Index (NDX) and is a Fortune 300 company. Visit www.dishnetwork.com/aboutus or call 1-800-333-DISH (3474) for more information.
SOURCE DISH Network Corporation

 

[Ramen]

And the next question is, when will the contract expire and how much NFL will want to raise its prices before Charlie pulls them off the air?

 

[Slamminc11]

thanks for adding to the title of my thread...
There is already a thread about the NFL court annoucement too.
http://www.satelliteguys.us/dish-network-forum/161199-nfl-network-dish-network-court-battle.html

 

[riffjim4069]

Legal team is on a roll!!!!!!!!!!!!!! GO LEGAL TEAM! Hopefully 2009 is like this for dish!

I wouldn't exactly call one-in-a-row a roll, but it is certainly good news for everyone...except Tivo.

 

[TheKrell]

The PTO found that there is a 'substantial new question' of patentability as to the software claims in light of prior patents that appear to render TiVo's '389 patent invalid as obvious.

I am absolutely stupefied. I agree that Tivo should not have been granted such a trivial/obvious patent. But didn't the PTO already take a year to declare the patent valid and un-appealable?

 

[Tyralak]

Well, this is really great news! Took them long enough, especially considering other DVRs which did the same thing existed before Tivo. *cough* replay *cough*

 

[vampz26]

A topic on both a sports channel AND Tivo...the wrath of the visigoths AND the ostragoths shall fall upon our head...

..all we need is a positive reference to the '15 channels who must not be named' and we can have a real party...

Seriously though, there was a mention in the "MLB Network" thread on the ViP922 (yeah, I know...it gets better and better) being made available to cable, and possibly even D*. Now granted the interpretations of this possibility are just that, interpretations...but it does get more interesting when thrown into the context of E*'s latest courtroom antics involving Tivo...

 

[cmcnabb]

I am absolutely stupefied. I agree that Tivo should not have been granted such a trivial/obvious patent. But didn't the PTO already take a year to declare the patent valid and un-appealable?

That was before the US Appeals court decision in re Bilski, which ruled that for software or a business method to be patentable it must be tied to a particular machine or transformative of a material object. The Bilski ruling specifically cites a previous Supreme Court case that ruled that the mere transformation of abstract ideas (information), as well as mathematical calculations are not patentable. So, under the Bilski ruling, the Tivo software is *not* patentable since it does not end up in the transformation of any real material object.

Also note that the statement mentions *obvious* prior art that the Patent Office missed the first time around.

Hopefully there will be many more software patents ruled invalid in the near future.

 

[KE4EST]

Will be interesting to see what happens next.

 

[TheKrell]

So, under the Bilski ruling, the Tivo software is *not* patentable since it does not end up in the transformation of any real material object.

Fascinating. Assuming the patent is declared invalid, what happens to the $200M that Dish recently forked over to Tivo?

 

[HDRoberts]

Fascinating. Assuming the patent is declared invalid, what happens to the $200M that Dish recently forked over to Tivo?

I think it was $114M, but still, good question.

For those curious, attached is the patent. The points of interest are the claims beginning on page 20.

Also, glad to to hear the NFL got what was coming to them. To sign an agreement in 2006, go pack on it in 2007, then expect it to be enforced in 2008 is ridiculous.

 

[Skyhi]

Also, glad to to hear the NFL got what was coming to them. To sign an agreement in 2006, go pack on it in 2007, then expect it to be enforced in 2008 is ridiculous.

I wouldn't go that far.....the "news" regarding Dish and the NFL is pretty much a non-story. The court denied the NFL's motion for summary judgment. All that means (in very simple terms) is that there are disputed facts in the case to be decided upon by a jury. A motion for summary judgment is only granted when there are no disputed facts, and when the law is applied to the undisputed facts it is clear that the moving party is entitled to relief.

 

[Derwin0]

Fascinating. Assuming the patent is declared invalid, what happens to the $200M that Dish recently forked over to Tivo?

Tivo will have to give it back.
Though more likely Tivo declares bankruptcy and goes out of business as a voided patent kills any chance of ever being a marketable company.

 

[HDRoberts]

To add to my previous posting of the Tivo patent, Dish is arguing claims 31 and 61 are obvious given the following 2 patents. Judge for yourself.

While the PTO has reexamined the Tivo patent before, they have never done so in light of these 2 patents.