Judge Stops Countersuit against TiVo

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DALLAS - A judge has handed EchoStar Communications Corp., the owner of the Dish satellite-TV network, another setback in its copyright feud with TiVo Inc., delaying EchoStar's countersuit against the maker of the first widely available set-top box for recording live television programming on a hard drive.

U.S. Magistrate Judge Caroline M. Craven of Texarkana blocked EchoStar's patent-infringement lawsuit against TiVo and Humax USA Inc. while the U.S. Patent and Trademark Office reviews patents claimed by EchoStar.

Craven, who issued the stay last month, made it final when EchoStar declined to appeal, TiVo spokesman Elliot Sloane said Monday.

The case had been scheduled for trial early next year, but in a regulatory filing, EchoStar said the Patent Office examination "could take many years."

An EchoStar spokeswoman had no immediate comment on the ruling. The judge's decision was the latest defeat for EchoStar in its legal fight over technology patents.

TiVo sued EchoStar in 2004, and in April a jury in Marshall found that EchoStar had infringed on a TiVo patent in making its own set-top box, called a digital video recorder or DVR.

This month, the judge who presided over that trial ordered EchoStar to pay $89.6 million in damages -- more than the jury had awarded.

The trial judge, David Folsom, also ordered EchoStar to disable more than 3 million of its DVRs that jurors found used elements of TiVo technology, but a federal appeals court this month delayed Folsom's order while the case is appealed.

EchoStar filed its own lawsuit against TiVo in 2005. TiVo issued a statement Monday saying it was pleased with Craven's decision to delay the countersuit while the Patent Office reviews EchoStar patents. TiVo charges that previous technology that regulators didn't review makes EchoStar's patent claims invalid.

TiVo hopes that court victories against EchoStar will give it power to negotiate royalty and license deals with other cable and satellite-TV providers whose customers use DVRs other than TiVo's. Dish is the nation's No. 2 satellite-TV network behind DirecTV.

In midday trading on the Nasdaq Stock Market, TiVo shares rose 5 cents, to $7.90, and shares of Englewood, Colo.-based EchoStar gained 25 cents, to $31.95.


The only link I have is from the Dallas Morning News: http://www.dallasnews.com/sharedcontent/dws/dn/latestnews/stories/082906dnbustivo.43effcbb.html
 
[pie]Tivo: pay me! pay me![/pie] [pie]Dish Sub: Wow, I am going to go and buy a Tivo and pay them $14/mth just for the data[/pie] [pie]Me: I think not.[/pie] [pie]Echostar: Ok time to buy them or pay them. Will ruppert be happy if I buy them?[/pie] [pie]Ruppert: maybe I should have bought Tivo instead?[/pie]
 
Now we know what the DVR fees collected will be used for. ;)

Man Charlie time to go find yourself better legal council. Your guys are playing worse then the Red Sox!
 
goaliebob99 said:
Wow, Echostar cant catch a break... I smell a deal with tivo coming up in the near future...
...by near future, surely you mean several more years only after E* has pursued all legal possibilities. Does this company ever do anything above board that doesn't take a team of litigators to resolve?
 
Scott Greczkowski said:
Now we know what the DVR fees collected will be used for. ;)

Man Charlie time to go find yourself better legal council. Your guys are playing worse then the Red Sox!
Great analogy:D

Although I have a hunch the fat lady is yet to sing.:cool:
 
Why doesn't E* just cut their losses now and offer to go into a deal with TiVo?
 
http://biz.yahoo.com/ap/060828/tivo_echostar.html?.v=2

Judge Stops EchoStar Suit Against TiVo
Monday August 28, 2:02 pm ET
By David Koenig, AP Business Writer
Judge Stops EchoStar Countersuit Against TiVo As Government Reviews Patent Claims

DALLAS (AP) -- A federal judge has handed the owner of the Dish satellite-TV network another setback in its feud with TiVo Inc., delaying a countersuit against the pioneer in digital video recording technology.
U.S. Magistrate Judge Caroline M. Craven of Texarkana blocked EchoStar Communications Corp.'s patent-infringement lawsuit against TiVo and Humax USA Inc. while the U.S. Patent and Trademark Office reviews patents claimed by EchoStar.

Craven, who issued the stay last month, made it final when EchoStar declined to appeal, TiVo spokesman Elliot Sloane said Monday.

TiVo's revolutionary digital video recorder, or DVR, technology records TV programs without the hassles of videotape, letting users pause live TV, view instant replays and begin watching programs even before the recording has finished.

TiVo sued EchoStar in 2004, and in April a jury in Marshall found that EchoStar had infringed on a TiVo patent in making its own set-top box with DVR capabilities.

This month, the judge who presided over that trial ordered EchoStar to pay $89.6 million in damages -- more than the jury had awarded.

The trial judge, David Folsom, also ordered EchoStar to disable more than 3 million of its DVRs that jurors found used elements of TiVo technology, but a federal appeals court this month delayed Folsom's order while the case is appealed.

EchoStar filed its own lawsuit against TiVo in 2005. TiVo issued a statement Monday saying it was pleased with Craven's decision to delay the countersuit while the government reviews EchoStar's patents. TiVo charges that patent officials failed to review older technology that would make EchoStar's patent claims invalid.

The countersuit had been scheduled for trial early next year.

EchoStar spokeswoman Kathie Gonzalez said Monday the company is "anxious to get to trial because we believe Tivo's DVRs infringe on our technology," but acknowledged it will be a long process. In a regulatory filing, the company said the Patent Office review "could take many years."

TiVo, based in Alviso, Calif., hopes that court victories against EchoStar will give it power to negotiate royalty and license deals with other cable and satellite-TV providers whose customers use DVRs other than TiVo's. Dish is the nation's No. 2 satellite-TV network behind DirecTV.

TiVo shares fell 3 cents, to $7.82, in afternoon trading Monday on the Nasdaq Stock Market, while shares of Englewood, Colo.-based EchoStar increased 57 cents, or 1.8 percent, to $32.27.
 
I looked on Yahoo right after I posted this and couldn't find that link. Thanks Scott!!
 
I found it looking at the new ticker we are trying out for pub members. :)

You had the good find, no other forum is even reporting this yet.

Once again we are ahead of the curve. :)
 
Geez, E* can't catch a break. A huge day of news. But interestingly, it was E*'s stock that increased while Tivo's fell according to the AP Story.

I too smell the settlement with TiVo; E* will just have to fork over their $6/dvr fees to Tivo.

But I say the whole thing still stinks.

(Just don't turn off my DVR!) :eek:
 
Scott Greczkowski said:
Once again we are ahead of the curve. :)

As always. :)

This shouldn't effect the other lawsuit, the one that was asking for E* to shut off all DVRs other than the DishPlayer ones.
 
I hate companys like this.... if you can't make a product that sells, sue your competition out of the way. Personally I own a 522 and a Series 2 Tivo. I bought the series 2 because of the Tivo-To-Go functionality. To me thats the way business should work. They have a feature Dish doesn't.... I go with them.

Personally I hope Dish buys Tivo out...
 
birddoggy said:
I hate companys like this.... if you can't make a product that sells, sue your competition out of the way. Personally I own a 522 and a Series 2 Tivo. I bought the series 2 because of the Tivo-To-Go functionality. To me thats the way business should work. They have a feature Dish doesn't.... I go with them.

Personally I hope Dish buys Tivo out...


DISH does have that feature. It's called the PocketDISH.
 
rockymtnhigh said:
Geez, E* can't catch a break. A huge day of news. But interestingly, it was E*'s stock that increased while Tivo's fell according to the AP Story.

...
I noticed that too. If this is such bad news for E*, why is their stock up 1.6% at the end of the day, and Tivo is only up .1%?
 
birddoggy said:
I hate companys like this.... if you can't make a product that sells, sue your competition out of the way. Personally I own a 522 and a Series 2 Tivo. I bought the series 2 because of the Tivo-To-Go functionality. To me thats the way business should work. They have a feature Dish doesn't.... I go with them.

Personally I hope Dish buys Tivo out...

Same here, I'd never go with a Tivo product based in large part due to this lawsuit. Hey Tivo, us E* subs didn't get your product because WE DON'T WANT IT. If I were to ever go with D*, I'd get their own DVR that has nothing to do with Tivo.
 

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