TiVo seeks halt to EchoStar’s digital video-recording business

Paul_Medenwaldt said:
I'm behind Dish in this lawsuit. I'm sure sure of the exact legalities of the suit, but I'm sure if you were to invent product 'Widget1' and patened the idea and product and after your product was out for a while and someone came along and took and used your same idea and named it something different you would begin to care. :rolleyes:

Paul

yes but dish had the 7200 out before any tivo's were even thought of.. dish should be exempt because of this.. they had the first dvr ever out..
 
stone phillips420 said:
how bout 5.99 license fee plus 6.99 activation fee both per month for every dish dvr out there ie 7100-622
that sounds fair to me:)


How about a $20/month per receiver DVR fee. Thats what it is with TiVo.
And I thought there was a lot of complaining about the E* DVR fee.
 
goaliebob99 said:
yes but dish had the 7200 out before any tivo's were even thought of.. dish should be exempt because of this.. they had the first dvr ever out..

ReplayTV (the best of all of the standard DVRs) and TiVo were both legitimately debuted at the 1999 CES, and were in development before that date; what is the date you have on the Dish 7100/7200? The earliest dates I saw for reviews were early-mid 2001. Didn't that have WebTV also?
 
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obermi said:
What about cable companys and thier DVR's?
Well, Comcast has cut a deal with Tivo, so they are probably safe for now. But with the E* victory, assuming it stands, they will systematically go after other infringing units.

The probably picked E* to go first since they knew had stolen their technology, or maybe TiVo gave it to them and then complained. So they take E* to trial and
hope they get other infringements, which they seem to have gotten.

So with those precedents in hand, off they will go.
 
The bottom line is, I better have my DVR functionality or I'm jumping ship. No DVR on business from me.

I know that Dis already higher prices, I'm paying two DVR fees. In a way they are not higher prices since I pay annual AT180 and save $5 a month in additional outlet fees.
 
This is a move to get Dish to act now to come to some agreement with TIVO. As strange as it may sound, it could be a move based on weakness. Obviously Dish is not stopping with this opinion from this judge, and TIVO could be betting it would be better to get something from Dish now, than to possibly lose to Dish later and get nothing. I think their statement that they are a small company doing only one thing has a ring of financial stress to it.
 
If you look at last week's supreme court ruling: http://www.washingtonpost.com/wp-dyn/content/article/2006/05/15/AR2006051500448.html

You will see that granting an injunction is a pretty standard affair in patent cases. Ebay's judge had set a monetary payment instead of an injunction, got overturned on appeal and an injunction was put in... The supreme court told the appeals court that it has to scrutinize the case before an injunction.
 
This has less to do with Tivo vs Dish and more to do with "D" vs "E".I seriously doubt Tivo would have / will survive without "D" and was heading down the tubes without the recent "D" deal. "D" on the other hand, realizing "E" is doing serious damage with it's latest round of HD programing (especially HD LiLs) and receiver upgrades, sees a possible potential to hit "E" where it would really hurt or at least tie things up long enough for "D"'s longer term plans to produce some results.
 
EchoStar Statement in Response to Recent Developments In the Tivo Inc. v. EchoStar Communications Corp. Lawsuit

ENGLEWOOD, Colo.--(BUSINESS WIRE)--May 24, 2006--EchoStar Communications Corporation (Nasdaq: DISH) has issued the following statement regarding recent developments in the Tivo Inc. v. EchoStar Communications Corp. lawsuit:

"We are pleased that the United States Patent and Trademark Office yesterday rejected many of Tivo's patent claims as invalid. That reexamination ruling, together with the favorable decision from the Court of Appeals earlier this month (finding that the Texas court abused its discretion in connection with key trial evidence withheld from the jury), are steps in the right direction as we prepare our response to Tivo's recently filed injunction motion. Similarly, the favorable U.S. Supreme Court decision last week in the Ebay patent injunction case will be considered as part of the long process ahead."
 
Tivo take an audio/video signal, digitizes it, and stores it on disk.
Dish records a raw satellite stream.

I don't know all the technical details, but even though they appear to do the same on a TV screen, it's different technology.

Just something I thought of.
 
A statement from Tivo

"The level of misleading spin that EchoStar is putting out with respect to
our patent case against them is quite extraordinary. We are pleased to
state that the USPTO issued its first Office Action in the reexamination.
The USPTO reexamined all 61 claims set forth in the Barton patent
confirming the validity of most of the claims, including two of the claims
that EchoStar has been found to have willfully infringed. In the Office
Action, the USPTO expressly rejected the invalidity arguments put forward
by EchoStar. While certain of the patent claims were rejected by the
patent office, this should in no way impact the jury verdict. We will now
be given an opportunity with the patent office to discuss our claims which
we believe should result in a reaffirmed and strengthened patent. We will
provide a real understanding of how this process works on our earnings
call after close of market today."
 

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