Appeals Court Finds Echostar in Contempt in TIVO Case

[cmcnabb]

This was an appeal though.

This was an appeal to a three judge appellate panel. Echostar is free to (and probably will) appeal to the full appellate court, and then to the Supremes if necessary. I would assume that a request for a stay of the order would be part of that.

 

[Greg Bimson]

Actually, EchoStar already won a case against TiVo for infringing against EchoStar's DVR hardware patents.

Really? I haven't seen anything remotely like that, and I've been following this case since it was filed in 2004.

This was an appeal to a three judge appellate panel. Echostar is free to (and probably will) appeal to the full appellate court, and then to the Supremes if necessary. I would assume that a request for a stay of the order would be part of that.

I believe once the Court of Appeals grants a stay, it is for the duration of the appeal process. So this will be stayed until a decision from either or both the en banc request and a SCOTUS review is accepted or rejected.

 

[Jhon69]

If I was willing to bet, I would say it won't...

And if it does I say you have a new ViP DVR installed in your house before the 625 is shut off.

This lawsuit has given DISH lots of time to upgrade things and customers so many many customers won't know anything happened.

OK tell Charlie I am ready for my FREE 922!.

 

[wallyhts]

I never have liked Texas since their legal system is so messed up.
It would be great if we could just give Texas back to Mexico. “Just joking”
After reading that tivo will soon be on the Comcast platform.
I think EchoStar is just going to have to pay up.

Also if you would like to contact the judge here is his contact info.
Chief Judge David J. Folsom
Mailing Address:
The Honorable David Folsom
Federal Building
500 North State Line Ave, 3rd Floor
P.O. Box 2090
Texarkana, Texas 75504
Telephone Numbers:
(903) 794-4067 - voice
(903) 794-1224 - fax

 

[vurbano]

I agree, 100% with a licensing deal.

What do they have 30 days before the injunction takes effect?

I see a deal too. E* DVRs will have tivo logos soon.

 

[mike123abc]

I never have liked Texas since their legal system is so messed up.
It would be great if we could just give Texas back to Mexico. “Just joking”
After reading that tivo will soon be on the Comcast platform.
I think EchoStar is just going to have to pay up.

This is FEDERAL not Texas court. Patent holders like this court because the jury pool from the area tends to be friendly to patent holders.

Lawyers know which federal districts around the country to try to file in because of various typical jury pools to draw.

 

[STL]

No, just not people who have spent large portions of their adult lives writing and defending the patents of companies they have worked for.

So you want some ignorant when it comes to patents to judge on them? And do you know for certain that was his role at those companies. It is just as likely his job was to find ways around competitors patents.

 

[mike123abc]

Yes, licensing price has now skyrocketed.

Your assuming there is not already an agreement in place. Plus if it is too high, it would be cheaper to just change out the customer equipment with ViP series DVRs and let TiVo start the law suit over again. By the time the next suit goes through the patent might be invalidated or expired. This current trial is working on 6 years and still might take another 6 months of appeals. The patent expires around May 2018, if it takes 7 years again to litigate it will be expired at the end.

 

[wallyhts]

Lawyers know which federal districts around the country to try.

Which is crap.

Comcast said yesterday that their tivo service is going to cost $19.95 per month.

Perhaps its time to checkout myth tv.

 

[HDRoberts]

So you want some ignorant when it comes to patents to judge on them?

No. But the dissenting judge was not ignorant. He was council to the senate subcommittee on patents.

And do you know for certain that was his role at those companies. It is just as likely his job was to find ways around competitors patents.

I know he was a chemist at Monsanto, probably tasked with creating new, patentable compounds. But it is hard to say for sure. But as many patents as those companies file, and as few competitors as they have, it is doubtful his job was to work around patents.

 

[rad]

Link to Multichannel new story about this, Analyst: Dish May Have To Shut Down 8M DVRs After TiVo Legal Loss - 2010-03-04 18:57:26 | Multichannel News

 

[Juan]

where is whathis face the defender of e*?(jacmyoung)

 

[KAB]

Link to Multichannel new story about this, Analyst: Dish May Have To Shut Down 8M DVRs After TiVo Legal Loss - 2010-03-04 18:57:26 | Multichannel News

Usual Moffett.

 

[HDRoberts]

where is whathis face the defender of e*?(jacmyoung)

He has posted on the other site.

 

[Kheldar]

Reuters article

 

[Weezknight]

I really don't think there's any immediate danger of them shutting off the DVR functionality if there is still a chance for the entire appellate court to hear the case.

But I will say that this is a HUGE loss for E*. They had already been trying to upgrade people to mpeg4 receivers, so there are a lot of "offending" receivers taken out of circulation. The problem is, though, that they are basically having to pay for all of those receivers that aren't even in peoples' homes anymore! So E* had to put forth the money and effort to switch people out, and are still going to have to pay for "ghost" receivers. That's where this hurts financially.

 

[TheForce]

It would cost a ton. Tivo stock doubled on the news - E down (but not as much as I expected).

And why would Tivo sell? They got Charlie over a barrel with his pants down.

BS- TIVO jumped on the news by 60%, not doubled. It then began to slide back as investors rang in the gain. If you owned the stock it would have been a great time to sell off and hold for TIVO to return to it's normal price about 10-12 bucks a share. Stock jumps like this rarely retain on news of judge decisions. They are based on emotion, not financial fundamentals. Dish stock dropped about 4.5%. IT has been on a slow increase based on financials.

 

[KAB]

It would cost a ton. Tivo stock doubled on the news - E down (but not as much as I expected).

Hardly...up $5-ish to $15-ish. I love this one from Reuters:
"Janney Montgomery Scott analyst Tony Wible recommended that clients "buy the stock aggressively up to $15."

He will have a lot of pi**ed of clients by Tuesday.

 

[Curtis0620]

Still over $16, where is that pull-back?

 

[BobMurdoch]

It will happen tomorrow when they figure out that E* has more appeals possible, even WITH the clock on interest running....