Echostar Responds to Tivo Ruling

[Scott Greczkowski]

DISH Network Statement in Response to Federal Circuit Ruling in

Tivo Inc. v. EchoStar Communications Corp.



ENGLEWOOD, Colo. – Jan. 31, 2008 – DISH Network Corporation (NASDAQ: DISH) issued the following statement regarding recent developments in the Tivo Inc. v. EchoStar Communications Corp. lawsuit:

“We are pleased the Federal Circuit found for us on Tivo’s hardware claims, but are disappointed in the Federal Circuit’s decision on the software claims. The decision, however, will have no effect on our current or future customers because EchoStar’s engineers have developed and deployed ‘next-generation’ DVR software to our customers’ DVRs. This improved software is fully operational, has been automatically downloaded to current customers, and does not infringe the Tivo patent at issue in the Federal Circuit’s ruling.

All DISH Network customers can continue to use their DVRs without any interruption or changes to the award-winning DVR features and services provided by DISH Network.

We intend to appeal the Federal Circuit’s ruling affirming the $94 million jury verdict.”

 

[goaliebob99]

So when are dish subs getting tivo software? Watch out to any cable companies that doesnt have an agreement with tivo and has DVR service. Comcast and Directv both have agreements.

 

[cosmo_kramer]

We intend to appeal the Federal Circuit’s ruling affirming the $94 million jury verdict.”

I want to be an E* attorney in my next life. I certainly won't have to worry about a low caseload....

 

[tigerfan33]

So when are dish subs getting tivo software? Watch out to any cable companies that doesnt have an agreement with tivo and has DVR service. Comcast and Directv both have agreements.

Funny you say this. I know the Charter Moxi has the ability to record and watch different programs at the same time. I wonder if they are in the same boat. It would be a blessing for them though. It was a piece of junk when I had it.

 

[Greg Bimson]

I want to be an E* attorney in my next life. I certainly won't have to worry about a low caseload....

Or winning a case...

 

[Hall]

So when are dish subs getting tivo software?

They won't be.....

EchoStar Corp said on Thursday its customers would not be affected by a federal appeals court's ruling affirming it infringed patents held by TiVo Inc.

(snip)

EchoStar said it has "developed and deployed 'next-generation' DVR software" that does not infringe the TiVo patent at issue."

 

[Curtis0620]

How can you appeal the decision and claim that you did not infringe and then claim to have changed to software that was infringing? Isn't that admitting guilt?

 

[Peter Parker]

No it is changing software---which happens all the time. I question taht DISH will get the damages overturned but changing the software does not mean that they cannot win.

 

[db2]

How can you appeal the decision and claim that you did not infringe and then claim to have changed to software that was infringing? Isn't that admitting guilt?

They are claiming the new software does not infringe on any patents. They didn't say anything about the old software. They never claimed to have developed and deployed the new software specifically because it was violating a patent.

 

[Ronald_Jeremy]

This improved software is fully operational, has been automatically downloaded to current customers, and does not infringe the Tivo patent at issue in the Federal Circuit’s ruling.

Makes it sound like it infringes in other areas. Just not areas covered in this case.

 

[gmitchell]

Kind of sounds like the Clinton thing "depends on what the definition of IS, is"

 

[dgordo]

This would be humorous if I wasn't an echostar shareholder.

I am very pissed with Charlie. He is in complete denial. This is terrible news for Echostar, they are going to end up paying tivo over 100 million and could have ended this years ago for much less.

This press release is so inaccurate. They didn't win on the hardware claim, it was remanded to the trial court to allow tivo to pursue that claim. Why should i believe Charlie when he says that the software doesn't infringe on any tivo patents? He has been saying that for years and he was wrong.

The only thing in the release that is accurate is that dish customers wont lose dvr functionality.

 

[rhdj]

As long as my DVR is not turned off I am okay with it. If they do turn them off would that be breach of contract and will we be let out of any time left??

 

[ScoBuck]

They are claiming the new software does not infringe on any patents. They didn't say anything about the old software. They never claimed to have developed and deployed the new software specifically because it was violating a patent.

But remember they ALSO claim that the older software did NOT infringe the patent either and so far are losing that battle. I think it will end in a settlement between them personally.

 

[db2]

But remember they ALSO claim that the older software did NOT infringe the patent either

Yes, I'm aware of that.

I think it will end in a settlement between them personally.

I agree.

 

[aegrotatio]

I'm really sorry if this has been discussed, and please point me to the thread if it is, but what exactly is "Time Warp?"

I have both TiVo and Echostar 625 receivers.

Someone please tell me what this is.

.

 

[Slamminc11]

This would be humorous if I wasn't an echostar shareholder.

I am very pissed with Charlie. He is in complete denial. This is terrible news for Echostar, they are going to end up paying tivo over 100 million and could have ended this years ago for much less.

This press release is so inaccurate. They didn't win on the hardware claim, it was remanded to the trial court to allow tivo to pursue that claim. Why should i believe Charlie when he says that the software doesn't infringe on any tivo patents? He has been saying that for years and he was wrong.

The only thing in the release that is accurate is that dish customers wont lose dvr functionality.

Your stock went up 10+% today. Denial or not, you made money today. Yeah, I'd be pissed.
BTW, I have a good chunk of shares in Dish as well. Not so pissed on this end.

 

[Hall]

I'm really sorry if this has been discussed, and please point me to the thread if it is, but what exactly is "Time Warp?"

It's the ability to record a show (in the background) while watching another show (or along those lines).

 

[MikeD-C05]

It's the ability to record a show (in the background) while watching another show (or along those lines).

IN the Rocky Horror Picture Show it was a dance.

 

[dgordo]

Your stock went up 10+% today. Denial or not, you made money today. Yeah, I'd be pissed.
BTW, I have a good chunk of shares in Dish as well. Not so pissed on this end.

Today, sure. The stock was at 50 in october. Its just over 30 today.