...You forgot that TiVo also bought a cow at the local county fair.
TiVo most likely picked that town because of its reputation for handling these kinds of trials quickly which minimized lawyer costs. At the time, litigation costs were a big issue for TiVo, though not for Dish.
Please, TiVo picked that town like every other patentee did back then, because up to that point that little town's juries had the reputation of siding with the patentees 100% of the time, that was why.
But after the TiVo v. E* case, the tide began to turn. Several defendants, including E*, began to win their patent cases. One of the reasons they began to win the cases was because they changed their strategy.
Before then, most defendants tried to convince the jury of two things, no infringment, and the patent was not valid anyway even if infringement was true. That two pronged approach confused the jury in that little town, they were straight thinkers, they did not understand why one would first argue no I did not infringe, but then even if I infringed, the patent was not valid anyway. That strategy undermined the defendants' credibility.
If you do not infringe, then prove you do not, if the patent is not valid, then prove it is not, don't throw both at us, we are not lawyers.
E* changed their strategy the same year they lost the TiVo v. E* case, and won their case against Forgent, by convincing the jury only one thing, the Forgent patent was invalid, without ever trying to also prove to the jury they did not infringe.
Several other defendants in other patent cases did the same and won their cases. Since then, that little town became less and less of a favorite spot for the patentees.
As for TiVo buying a cow at that town, how much do you want to bet they did so after they got drunk in the parties at the local bars after winning their case?
Funny you even mentioned it.
