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.
All stocks are sliding today.
TIVO's stock is down 36% while Dish is up 5% at this time!!!!
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.WOW! Where are the naysayers now??? Come out, come out wherever you are. Let's hear some spin......
This is the most likely scenario and I suspect Judge Rader will continue to provide the sole dissenting opinion. We shall see..."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."
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.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.