TiVo files patent infringement lawsuits against AT&T and Verizon

[Thomas22]

Form 8-K for TIVO INC 26-Aug-2009
Other Events

ITEM 8.01. Other Events. On August 26, 2009, TiVo Inc. announced that it had filed separate complaints against AT&T Inc. and Verizon Communications, Inc. in the United States District Court for the Eastern District of Texas for infringement of the following three TiVo patents U.S. Patent Nos. 6,233,389 B1 ("Multimedia Time Warping System"), 7,529,465 B2 ("System for Time Shifting Multimedia Content Streams"), and 7,493,015 B1 ("Automatic Playback Overshoot Correction System"). The complaints seek damages for past infringement and a permanent injunction, similar to that issued by the United States District Court, Eastern District of Texas against DISH/EchoStar.

 

[riffjim4069]

As I mentioned in another thread, there is no way the Telco DVRs compare to the EchoStar ViP Series DVRs...and Verizon and AT&T have the best and brightest lawyers in the Industry. I think Tivo bit-off more than they can chew. The reason I have a TivoHD (like Vurbano and so many other folks) is because the FiOS DVR blows in comparison.

 

[Thomas22]

As I mentioned in another thread, there is no way the Telco DVRs compare to the EchoStar ViP Series DVRs...and Verizon and AT&T have the best and brightest lawyers in the Industry. I think Tivo bit-off more than they can chew. The reason I have a TivoHD (like Vurbano and so many other folks) is because the FiOS DVR blows in comparison.

Most of what TiVo is filing suit for has to do with the internal low level workings of DVRs as opposed to the interface. TiVos have a great interface but the only part of the interface involved in the lawsuit is patent number 7,493,015 which has to do with rewind and FF overshoot. The other two patents are about very basic internal processes.

 

[riffjim4069]

Thanks for the summary Thomas...it should be interesting to see how this ones plays out in court.

 

[jwgreen68]

Sounds to me like Tivo is filing multiple lawsuits in the hopes of winning at least 1. This company is begging to be bought out.

 

[cmcnabb]

The Eastern district of Texas. The court of choice for patent trolls.

 

[riffjim4069]

Thanks for the summary Thomas...it should be interesting to see how this ones plays out in court.

 

[Hall]

As I mentioned in another thread, there is no way the Telco DVRs compare to the EchoStar ViP Series DVRs...

As Thomas22 points out, it has NOTHING to do with how "good" the DVR is or how it looks. If you can record a show while watching another, you're infringing as far as TiVo is concerned.

 

[Hall]

Sounds to me like Tivo is filing multiple lawsuits in the hopes of winning at least 1.

It works both ways.... If they win against anyone, it's precedent and they can use that in their favor when "negotiating" with other DVR manufacturers.

 

[riffjim4069]

As Thomas22 points out, it has NOTHING to do with how "good" the DVR is or how it looks. If you can record a show while watching another, you're infringing as far as TiVo is concerned.

I realize that, but it's really kind of funny when you consider how much better the "premium" DVRs are over those Cable/Telcos are using; it's like trying to compare a Yugo to a Ferrari.

In any case, if Verizon/AT&T fall victim to this ploy it's only a matter of time before Tivo goes after each and every MSO that offers a DVR. I can't image how many billions this would cost Cable/Telcos in past and future licensing fees and penalties.

For the love of life, the Industry needs to make Tivo go-away ($$$) and offer these patents and all future works derived from them to the public domain.

 

[Ilya]

Let me guess: One Billion Dollars?!

 

[broadcasttheworld]

Form 8-K for TIVO INC 26-Aug-2009
Other Events

ITEM 8.01. Other Events. On August 26, 2009, TiVo Inc. announced that it had filed separate complaints against AT&T Inc. and Verizon Communications, Inc. in the United States District Court for the Eastern District of Texas for infringement of the following three TiVo patents U.S. Patent Nos. 6,233,389 B1 ("Multimedia Time Warping System"), 7,529,465 B2 ("System for Time Shifting Multimedia Content Streams"), and 7,493,015 B1 ("Automatic Playback Overshoot Correction System"). The complaints seek damages for past infringement and a permanent injunction, similar to that issued by the United States District Court, Eastern District of Texas against DISH/EchoStar.

You know they got over on Dish. But going after AT&T is not a good idea. Not only do they have the most friends in Congress (Via Campain contributions) but they could also counter sue for use of the hum... (Transistor, Coaxial cable and im sure they invented other items used by Tivo lol)

 

[riffjim4069]

Let me guess: One Billion Dollars?!

Heck, Tivo may very well already have a half-billion dollars from EchoStar if Judge Folsom upholds the contempt verdict and awards damages...and that doesn't include the VIP Series DVRs that have been in place the past 2 1/2 years or having licensing agreement in place. I'm thinking billions and billions.

 

[goaliebob99]

Sounds like tivo is getting desparate or on some serious drugs.

 

[DishSubLA]

The Eastern district of Texas. The court of choice for patent trolls.

Supreme Court Justice Antonin Scalia (I probably didn't spell it correctly) has said publicly that it is a "rouge court."

 

[Thomas22]

Supreme Court Justice Antonin Scalia (I probably didn't spell it correctly) has said publicly that it is a "rouge court."

I don't think so. Do you have a quote?

 

[DishSubLA]

Charlie always hires the best, and often most expensive, lawyers, so it is not true that AT&T or Verizon, simply because of their size will have better lawyers. In such lawsuits, even the biggest companies never handle this in-house; they always hire a law firm with expertise in such suits. However, it is correct that Dish has about zero influence on Capitol Hill, and that AT&T and Verizon are extremely well connected to all the power players and could make life miserable for Tivo in some ways we can't even imagine.

This move shows how desperate Tivo is--still losing money and subscribers and trying to shed itself of the hardware end of the business--that they couldn't wait until the Dish lawsuit is resolved because they know it is going to take a lot longer than even Tivo thought it would. If this latest move by Tivo doesn't affirm that Tivo's claim that only companies that won't sign a deal with them are, in fact, violating Tivo's Time Warp patents are complete BS, then one must have a bubble for a brain.

Tom Rogers, CEO of Tivo, was asked why he was so selective in suing for patent violation (not suing TWC, for instance), and poor Tom hemmed and hawed, and finally stated that "Negotioations were going better with cable while we were getting nowhere with [AT&T and Verizon]."

Remember, jurors who were interviewed after the trial of Tivo vs. Echostar, could only cite the following logic as to thier conclusion that Dish was guilty of patent infringement: The first Dish DVR was a failure; then Tivo intentionally [commentary: for the purposes of a meritorious lawsuit?] left their box at Dish Network for Dish to try as a sample; Dish Network subsequently offers its own Dish branded DVR that is a success; therefore, Dish must be using Tivo Time Warp patents. Not one juror interviewed could cite any of the computer language or line of code that they could point to and compare and say that Dish violated Tivo's patent. That's the problem with all such patent lawsuits that involve computer code: no lay-person juror, or even some computer scientists, really understands the code, so they can't hope to make a determination as to if any patent was violated, and can't arrive at a TRUTH. 'nough said.

 

[Thomas22]

Remember, jurors who were interviewed after the trial of Tivo vs. Echostar, could only cite the following logic as to thier conclusion that Dish was guilty of patent infringement: The first Dish DVR was a failure; then Tivo intentionally [commentary: for the purposes of a meritorious lawsuit?] left their box at Dish Network for Dish to try as a sample; Dish Network subsequently offers its own Dish branded DVR that is a success; therefore, Dish must be using Tivo Time Warp patents. Not one juror interviewed could cite any of the computer language or line of code that they could point to and compare and say that Dish violated Tivo's patent. That's the problem with all such patent lawsuits that involve computer code: no lay-person juror, or even some computer scientists, really understands the code, so they can't hope to make a determination as to if any patent was violated, and can't arrive at a TRUTH. 'nough said.

I'm not aware of any juror saying anything like that. Do you have a quote?

 

[dishcomm]

Form 8-K for TIVO INC 26-Aug-2009
Other Events

ITEM 8.01. Other Events. On August 26, 2009, TiVo Inc. announced that it had filed separate complaints against AT&T Inc. and Verizon Communications, Inc. in the United States District Court for the Eastern District of Texas for infringement of the following three TiVo patents U.S. Patent Nos. 6,233,389 B1 ("Multimedia Time Warping System"), 7,529,465 B2 ("System for Time Shifting Multimedia Content Streams"), and 7,493,015 B1 ("Automatic Playback Overshoot Correction System"). The complaints seek damages for past infringement and a permanent injunction, similar to that issued by the United States District Court, Eastern District of Texas against DISH/EchoStar.

Looks to me as though Tivo's attorneys have engaged in the practice of filing frivolous lawsuits.
Tivo has won injunctions and been overturned each time. I have no doubt that this time nothing will change.
JMO.

 

[Thomas22]

Looks to me as though Tivo's attorneys have engaged in the practice of filing frivolous lawsuits.
Tivo has won injunctions and been overturned each time. I have no doubt that this time nothing will change.
JMO.

Huh?

TiVo won the trial. There was an injunction placed against Dish. Dish appealed and lost. The routine injunction stay that was in effect for the duration of the appeal was vacated after the appeals court upheld and reinstated the injunction after Dish lost the appeal.

Dish ignored the injunction and for that reason was recently found in contempt. Once again, Dish has appealed and there is a routine stay in effect for the duration of the appeal.

No injunctions have ever been overturned.