U.S. Patent Office Affirms TiVo 'Time Warp' Patent Is Valid - 2010-10-06 19:36:35 | Multichannel News
not sure if this was posted....
not sure if this was posted....
Tivo Time Warp Patent is Valid according to PTO
- Thread starter sparc
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I posted it earlier... but I posted it in the VOOM lawsuit thread by mistake... so yours wins. 
Thanks
Thanks
Seems the PTO can't make its mind up. Which may make it seem the PTO doesn't have a clue either...
I guess it is time again to crank up the dueling lawyers!!
I guess it is time again to crank up the dueling lawyers!!
Ah...it's once again time to let the derogatory company epithets fly! Anyway, it's interesting to note this ruling by the PTO is final and cannot be appealed by EchoStar (aka Dish Network).
"The decision by the PTO is final and cannot be appealed by Dish/EchoStar."
"The decision by the PTO is final and cannot be appealed by Dish/EchoStar."
Well I guess Charlie will just have to buy them out now. Dang Bob's Tivo is going to continue to work.
YEAH!!!
It would be interesting to see E loose big and required to shut down all their DVRs
TIVO ROCKS
Bob, at this point, you have to have read the "loose" vs "lose" comment at least a thousand times...
The case will drag on through the appeals process some more. Then there will be some sort of settlement. With this decision, it looks like the amount of the settlement is now going to be more in TiVo's favor.
If forced to Dish will license the technology before turning off DVRs, they know DVRs being turned off will be fatal their business plan. TiVo will grant the license since they need to set a standard to force all the others to fall in line and pay up. It is still possible for the courts to find in Dish's favor that the newly designed software no longer infringes. Either way TiVo will be able to go after the others.
If forced to Dish will license the technology before turning off DVRs, they know DVRs being turned off will be fatal their business plan. TiVo will grant the license since they need to set a standard to force all the others to fall in line and pay up. It is still possible for the courts to find in Dish's favor that the newly designed software no longer infringes. Either way TiVo will be able to go after the others.
Tivo does rock, but not one Dish Network DVR will be affected. However, I expect Tivo's CEO is out buying a new pair of slacks with extra huge pockets to stuff another $500 million of EchoStar's cash...with cargo pockets for future payments.
Unfortunately, Dish Network customers and EchoStar investors will suffer...
There is still a big question: do any DISH Network DVRs still infringe.
It seems like the original trial covered units up to a point in time and DISH paid a hefty price. I'm not convinced that TiVo's insistence that some (or all) models still infringe is based in reality.
It seems like the original trial covered units up to a point in time and DISH paid a hefty price. I'm not convinced that TiVo's insistence that some (or all) models still infringe is based in reality.
I don't think so
Pretty sure that all units have been pulled out of service and replaced.
Pretty sure that all units have been pulled out of service and replaced.
Well the court said they did. It was upheld by a 3 judge appeals panel, but one of the 3 judges did not agree. So, now the full court of appeals will be deciding if there is still infringement. I doubt again that the Supreme Court will get involved. But, if the full appeals court finds fault with the lower court ruling it would go back down get redone and then appealed again. It could still be years before it is resolved.
If they do then it's game, set and match - and Susan Boyle sings. If not, then I suspect Tivo will file a suit against DISH claiming their DVRs (to include the VIP series) infringe their "Season Pass" patent awarded earlier this year after a 10-year PTO review. The bottom line: EchoStar/DISH is going to pay Tivo licensing fees for each and every DVR (to inlcude the 922) one way or another.
That was answered in 2008, when it was decided those units still infringe.harshness said:
I know the 721, 921 and 942 were replaced, so that's three down.whatchel1 said:
I'm not as certain of the 501, 508 and 510, but I thought those were being replaced.
That left the 522 and 625. I know the 625 is still active.
If the re-exam didn't change anything, then the other units will be back in play the moment if or when TiVo receives a positive ruling from the Court of Appeals.
Greg - So the VIP series (622,722, 922) does not infringe and therefore are not impacted by this brew-ha? Sorry, I've not been really following this very closely...
Not greg but they weren't included in the suit so would have to be brought up in a new suit to see.
Not necessarily. The VIP Series can be enjoined into the current lawsuit since they are merely "colorably different" (as claimed by Tivo) than the original infringing models. It doesn't mean this will happen...just that Tivo hasn't gotten around to asking the court yet.
I think harshness is correct on this and that they can't be added at this point anymore.
