Appeals Court Finds Echostar in Contempt in TIVO Case

[rad]

See attched PDF. Wonder how Charlie and company will respond to this?

Just saw Tivo stock up $5.27 to $15.48.

 

[Curtis0620]

See attched PDF. Wonder how Charlie and company will respond to this?

Just saw Tivo stock up $5.27 to $15.48.

Easy, he will pay.

New licensing deal coming.

 

[goaliebob99]

Wonder how long before charlie buys out tivo, betcha its gonna be a bit harder now

 

[Scott Greczkowski]

Good post RAD.

Thanks!

Still reading it over trying to digest it all. But it looks like Charlie lost this one... HARD.

 

[Scott Greczkowski]

Here is a statement from TIVO.

TiVo Statement on Decision by U.S. Court of Appeals in Lawsuit Against EchoStar

ALVISO, CA -- 03/04/10 -- TiVo Inc., the creator of and a leader in television services and advertising solutions for digital video recorders (DVRs), offered the following statement today on the U.S. Court of Appeals decision to [ruling] in lawsuit against EchoStar.

"We are pleased that the United States Court of Appeals for the Federal Circuit fully affirmed the district court's finding of contempt against EchoStar, including both the disablement and infringement provisions. Additionally, this ruling paves the way for TiVo to receive the approximately $300M in damages and contempt sanctions awarded to us for EchoStar's continued infringement through July 1, 2009. We will also seek further damages and contempt sanctions for the period of continued infringement thereafter. We will continue our efforts to protect our intellectual property from further infringement."

About TiVo Inc.
Founded in 1997, TiVo Inc. (NASDAQ: TIVO) developed the first commercially available digital video recorder (DVR). TiVo offers the TiVo service and TiVo DVRs directly to consumers online at www.tivo.com and through third-party retailers. TiVo also distributes its technology and services through solutions tailored for cable, satellite, and broadcasting companies. Since its founding, TiVo has evolved into the ultimate single solution media center by combining its patented DVR technologies and universal cable box capabilities with the ability to aggregate, search, and deliver millions of pieces of broadband, cable, and broadcast content directly to the television. An economical, one-stop-shop for in-home entertainment, TiVo's intuitive functionality and ease of use puts viewers in control by enabling them to effortlessly navigate the best digital entertainment content available through one box, with one remote, and one user interface, delivering the most dynamic user experience on the market today. TiVo also continues to weave itself into the fabric of the media industry by providing interactive advertising solutions and audience research and measurement ratings services to the television industry. www.tivo.com

TiVo, 'TiVo, TV your way.', Season Pass, WishList, TiVoToGo, Stop||Watch, Power||Watch, and the TiVo Logo are trademarks or registered trademarks of TiVo Inc. or its subsidiaries worldwide. © 2010 TiVo Inc. All rights reserved. All other trademarks are the property of their respective owners.

 

[nlk10010]

Maybe the Appeals Court judges couldn't get the new HD channels either.

 

[HDRoberts]

Stupid lawyers deciding science questions. One of the reasons I hate lawyers. Also, more proof the patent system is broke, no longer encouraging innovation, but halting it.

Get ready for $15/month DVR fees.

By the way, don't forget to read the dissent starting on page 28. I find it brilliant.

 

[Scott Greczkowski]

Here is Dish Networks Statement.

DISH Network and Echostar Statement Regarding Tivo​

ENGLEWOOD, Colo. – March 4, 2010 – DISH Network L.L.C., a subsidiary of DISH Network Corporation (NASDAQ: DISH), and EchoStar Technologies L.L.C., a subsidiary of EchoStar Corporation (NASDAQ: SATS), issued the following statement regarding recent developments in TiVo vs. EchoStar Communications Corporation:
"We are disappointed in the Federal Circuit's split decision, but are pleased that Judge Rader agreed with our position. Therefore, we will be seeking en banc review by the full Federal Circuit. We also will be proposing a new design-around to the district court for approval. At this time, our DVR customers are not impacted."

 

[Scott Greczkowski]

I am not sure I understand this one...

At this time, our DVR customers are not impacted.

So let me get this right... they are in contempt and yet are still not following the judges order. Something does not seem correct about this...

 

[Jhon69]

Gee now we know why the DVR(receiver) rates went UP!.

 

[HDRoberts]

We also will be proposing a new design-around to the district court for approval

I wonder how they can remove PID filtering. These idiot judges seem to think that's the same as Tivo's start codes, even though that has been a feature of consumer satellite receivers since, well, the invention of consumer satellite TV.

 

[goaliebob99]

Man Echostar got there butts kicked. If im reading this right, Echostar has to turn off ALL DVR Functionality! on ALL DVR's!

Pages 21 & 22

 

[Mojo]

ouch
Glad I use Sagetv for my dvr

 

[goaliebob99]

WOW THIS IS BAD NEWS! BYE BYE DVR SERVICE! WOW, I dont think this ruling could have gotten any worse or one sided against Echostar! So I wonder if this would get a customer out of there contract? Being that there service is dramatically changed and how this can open Echostar up to class action lawsuits if dvr service does end.

 

[space86]

The VIP series DVR's 622, 722 and 922 are hardware based
DVR's not software based so they are not affected to be turned off.

 

[jlfarris]

If they filed an appeal, wouldn't that cause any actions to be on hold until the appeal is either thrown out or ruled upon?

 

[Scott Greczkowski]

This was an appeal though.

 

[Juan]

The VIP series DVR's 622, 722 and 922 are hardware based
DVR's not software based so they are not affected to be turned off.

uhhhhh hardware needs software to work (ie 211 with EHD)

 

[mbruno]

Stupid lawyers deciding science questions. One of the reasons I hate lawyers. Also, more proof the patent system is broke, no longer encouraging innovation, but halting it.

Get ready for $15/month DVR fees.

By the way, don't forget to read the dissent starting on page 28. I find it brilliant.

Maybe but if that happens get ready for me to dump Dish!

 

[nelson61]

2 to 1 with a lucid dissent by Rader. Now we wait to see how the full appeals court reacts.

Whatever, I'd guess Echostar is stepping up production on the newer series of (unlitigated) dvr boxes.