Dish's en banc request APPROVED!

Bloomberg flashed it wrong on the radio and corrected 3 minutes later. Things are looking much better for Dish!!! It is relatively rare for the full appeals court to hear the appeal which they are going to do in this case.
 
WOW! Where are the naysayers now??? Come out, come out wherever you are. Let's hear some spin...... :cool:

"..they will never take the case..."
 
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Great news for E*. Just by looking at what the court wants to hear arguments about implies that most of the appeals Judges are thinking like Judge Rader.
 
Some buy Thomas22 a drink quick... hes going to need it! :)

I feel SO MUCH better today about this then I did yesterday.

I got Kool and the Gangs "Celebration" plaing now on iTunes. :D :D
 
The fact that they got the En Banc shows that the judges found an issue with the origional judges handling of the case. To me that says this could be bad for TiVo.

I got to go check how their stocks are doing now.
 
Great news!!

Someone on here had said something about TiVo buying Dish?:rolleyes:

I bet my dvr feels better.:)
 
Tivo's statement:

Press Release Source: TiVo On Friday May 14, 2010, 11:37 am
ALVISO, CA--(Marketwire - 05/14/10) - 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 U.S. Court of Appeals decision to grant an en banc hearing in the lawsuit against EchoStar.

"We are disappointed that we do not yet have finality in this case despite years of litigation but we remain confident that the Federal Circuit's ruling in our favor will be reaffirmed after all of the judges on the Federal Circuit have had the opportunity to review the merits of this case."
 
I think this statement says a lot "The appeal is TiVo v. EchoStar, 2009-1374, U.S. Court of Appeals for the Federal Circuit (Washington). The lower-court case is TiVo Inc. v. EchoStar Communications Corp., 04-cv-01, U.S. District Court, Eastern District of Texas (Marshall)." It won't be decided in Texas.
 
WOW! Where are the naysayers now??? Come out, come out wherever you are. Let's hear some spin...... :cool:
Granting the en banc motion has not altered the courts original decision supporting DISH/SATS contempt of court, nor does it negate the jury's infringement verdict which was later uphelp by the appeallate court, it merely permits the full court to rule on this matter. The en banc will most likely side with the 3-judge panel and we'll be right back to where we started from in a few weeks. To be honest, anything short of the court overturning the original infringement verdict (which is not the issues at hand) means very little and only gives this 2004 case further life. Personally, I don't know why Tivo hasn't already filed a 2nd lawsuit claiming DISH/SATS DVRs violate their Season Pass Manager patent...I'll asssume they are waiting to this case to conclude and hopefully enter into a licensing agreement.

Does anyone know how long the court will take to rule in this matter?
 
"We are disappointed that we do not yet have finality in this case despite years of litigation but we remain confident that the Federal Circuit's ruling in our favor will be reaffirmed after all of the judges on the Federal Circuit have had the opportunity to review the merits of this case."
This is the most likely scenario and I suspect Judge Rader will continue to provide the sole dissenting opinion. We shall see...
 
Granting the en banc motion has not altered the courts original decision supporting DISH/SATS contempt of court, nor does it negate the jury's infringement verdict which was later uphelp by the appeallate court, it merely permits the full court to rule on this matter. The en banc will most likely side with the 3-judge panel and we'll be right back to where we started from in a few weeks.
Obviously the majority of the Judges feel that the issues raised by Judge Rader in his dissent and E* in the en banc request merit further review. Right now it would seem that the majority feels that there was some mistake or issue with the 3-judge panel decision.
 

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