EchoStar & Tivo Statement in Response to Tivo Patent Decision

[Scott Greczkowski]

EchoStar Statement in Response to Patent and Trademark Office Decision

ENGLEWOOD, Colo. – Nov. 29, 2007 – EchoStar Communications Corporation (NASDAQ: DISH) issued the following statement regarding recent developments in the Tivo Inc. v. EchoStar Communications Corp. lawsuit:

“We are disappointed in the Patent and Trademark Office’s decision. The decision, however, does not impact in any way our pending appeal to the Federal Circuit. We are hopeful that the Federal Circuit will reverse the district court and find that we do not infringe Tivo’s patent.”

 

[Scott Greczkowski]

And here is Tivos

ALVISO, Calif — Nov 29, ‘07 /PRNewswire-FirstCall/ — TiVo offered the following statement today on the United States Patent and Trademark Office (PTO) decision with respect to the reexamination of TiVo’s Multimedia Timewarping System patent, U.S. patent number 6,233,389 (the “Time Warp Patent”):

“We are extremely pleased that the PTO has now found all claims of the Time Warp Patent to be valid after conducting a reexamination of the patent requested by EchoStar. This decision by the PTO is final and not appealable by EchoStar. Today’s decision by the PTO brings us another step closer to ending EchoStar’s continued infringement and we are hopeful that the United States Court of Appeals for the Federal Circuit will uphold the district court judgment of patent infringement and reinstate the injunction.”

 

[VinceT3]

I'm suprised they didn't kill tivo's patent, they weren't the first company to make it so you can record tv with watching something else.. they just did it via a hard drive, which mind you was available on pc's long before tivo (just without the pretty interface)..

wasn't replaytv around before tivo as well?

 

[riffjim4069]

Just to refresh my memory...did the original injunction involve the ViP622 and subsequent ViP722 HD DVRs?

 

[Scott Greczkowski]

No from what I remember the 622/722 were not listed in the suit.

 

[dlsnyder]

If the 622/722 were found to include the same infringing code, could an injunction be easily extended to those and subsequent models?

 

[redman042]

My understanding is that the 622/722 were not named (because they didn't exist when the suit was first filed), but the suit does apply to those as well. Or at least the 622. Not sure if some detail of the design of the 722 was changed to get around the patent. I guess we'll find out.

 

[harshness]

Just to refresh my memory...did the original injunction involve the ViP622 and subsequent ViP722 HD DVRs?

This lawsuit began in 2004; long before introduction of the ViPx22 HD receivers.

I'm puzzled by the assertion that TiVo makes that Echostar is still infringing.

 

[MikeD-C05]

Time Warp software. That is the ability to start a program while it is recording from the start or start any program recorded while something is recording. So it would be like having a vcr once again without it. Echostar will settle before they allow the injunction to go through. They should just buy Tivo and the lawsuit and reward wouldn't matter any longer.