DISH expected to settle with TiVo.
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There is absolutely no reason for TiVo to "settle" at this point. They should collect their monies (to include penalties) and proceed with the court ordered shutdown.
Yes there is. It's called cash flow, which they desperately need. Charlie knew this. He won another hand.
I think this is just someone's idle speculations. The Man makes two conflicting statements:
(and who the heck is Friedman Billings?)
Is he saying Dish has already offered a settlement? Or, is he just talking about the 100 million for PAST infractions?
Perhaps, but this is a long way from saying they are ready to settle. And, they wouldn't need to meet if TiVo was ready to accept an offer made by Dish.
(and who the heck is Friedman Billings?)
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The shutdown was only going to affect receivers that are no longer being sold or in use much anymore (if at all).
He never says that DISH has made an offer. He simply says that he believes Tivo would be open to one. He aslo says that DISH might now be inclined to makea serious settlement offer. I see no conflict.
Just these as listed in the injunction plus any others that are only colorably different
"Infringing products: DP-501, DP-508, DP-510, DP-522, DP-625, DP-721, DP-921, and DP-942."
"Each Defendant, its officers, agents, servants, employees and attorneys, and those persons in active concert or participation with them who receive actual notice hereof, are hereby restrained and enjoined, pursuant to 35 U.S.C. § 283 and Fed. R. Civ. P. 65(d), from making, using, offering to sell or selling in the Untied States, the Infringing Products, either alone or in combination with any other product and all other products that are only colorably different therefrom in the context of the Infringed Claims, whether individually or in combination with other products or as a part of another product, and from otherwise infringing or inducing others to infringe the Infringed Claims of the ‘389 patent. "
"Defendants are hereby FURTHER ORDERED to, within thirty (30) days of the issuance of this order, disable the DVR functionality (ie. disable all storage to and playback from a hard disk drive of television data) in all but 192,708 units of the infringing products that have been placed with an end user or subscriber."
Yes we know about the colorably different issue. But, it would probably require a trial to prove the 622/722 infringe since they use different chipsets and the software is completely different. The 622/722 were designed different on purpose just because of the the TiVo suit which was ongoing when the design started. This is not saying that they do not infringe, just that it will not be easy to say they infringe because they copied an infringing device like the 942 directly. They will have to review the code and probably require a jury trial. If an agreement is not reached Dish would probably have to pay the penalties already awarded, replace all the customer boxes with 622/722 then start a new trial to see if the 622/722 infringes or not.
TiVo and Dish will probably reach an agreement. Who knows we might see the TiVo logo somewhere like we see the TV Guide logo as part of that settlement. The money that TiVo won plus interest is not in dispute, even Dish in the last 10Q said they have 129 million in reserve to pay it. The question will be how much Dish and TiVo work out to give Dish DVRs patent protection. I bet they reach an agreement and I bet it will be less than what DIRECTV or Comcast ended up paying. This of course would also end Dish's suit against TiVo for patent infringements which has not gone to trial (pending patent review conclusions).
TiVo and Dish will probably reach an agreement. Who knows we might see the TiVo logo somewhere like we see the TV Guide logo as part of that settlement. The money that TiVo won plus interest is not in dispute, even Dish in the last 10Q said they have 129 million in reserve to pay it. The question will be how much Dish and TiVo work out to give Dish DVRs patent protection. I bet they reach an agreement and I bet it will be less than what DIRECTV or Comcast ended up paying. This of course would also end Dish's suit against TiVo for patent infringements which has not gone to trial (pending patent review conclusions).
They use the Broadcom chipset, the same chipset as the models specifically listed as infringing. They would be on the list too if they existed at the time of the lawsuit.
No they use a different Broadcom chipset. But, I do not know how similar the 2 chipsets are.
It really is time the `master poker player` Charlie to stop with the legal battles and put our (subscriber's) money into improving the service. Though I think the lawsuit and claim by Tivo is lame, DVRs are generic, they make good software and E* makes good hardware... license it, integrate it and maybe they could build a competitive edge against D*.
Can you imagine a 3 tuner (OTA included) E*Tivo with MPEG4 capabilities?
Can you imagine a 3 tuner (OTA included) E*Tivo with MPEG4 capabilities?
Thanks Mike!
You saved me from posting my question regarding the differences between the "infringing" units and the newer ViP722. Couldn't for the life of me understand how the 722 was not also in violation, since it could "record two programs while viewing a pre-recorded event".
Now I understand. Thanks!
You saved me from posting my question regarding the differences between the "infringing" units and the newer ViP722. Couldn't for the life of me understand how the 722 was not also in violation, since it could "record two programs while viewing a pre-recorded event".
Now I understand. Thanks!
Search the site there was extensive review of the 622 when it was released complete with Broadcom chip sets used. It was a different model number from the 942, and I believe the 722 uses a different one from the 622.
There are 200 threads with thousands of posts about Dish DVRs and IiVo injunction.
Please keep this thread on "Will They Settle" rather than repeating the same tired old discussions over and over...
Please keep this thread on "Will They Settle" rather than repeating the same tired old discussions over and over...
"We have believed that there would be some day of reckoning on the part of Dish despite its efforts to push the date out; that date may be close at hand. Our recent checks with patent attorneys familiar with the process suggest that the judge's hands are likely to be tied on the issue of enforcing the injunction that was confirmed by the appeals court on
Jan. 31. Specifically, we expect the judge to far prefer erring on the side of conservatism and turn off all the Dish DVR models specified in the injunction, rather than risk allowing some infringing DVRs to possibly remain on while the question of the Dish work-around is resolved.
While we have no way of evaluating Dish's design-around of course, the point may be moot for purposes of the enforcement of the injunction, which could force Dish to at least offer TiVo something to keep its DVRs working, even temporarily."
Additional Support for TiVo From Dish - Barron's Online
Jan. 31. Specifically, we expect the judge to far prefer erring on the side of conservatism and turn off all the Dish DVR models specified in the injunction, rather than risk allowing some infringing DVRs to possibly remain on while the question of the Dish work-around is resolved.
While we have no way of evaluating Dish's design-around of course, the point may be moot for purposes of the enforcement of the injunction, which could force Dish to at least offer TiVo something to keep its DVRs working, even temporarily."
Additional Support for TiVo From Dish - Barron's Online
Why would Dish settle? Why does Dish carry the TV Guide channel?
Why would Tivo settle? Money. It does Tivo no good to shut down all the Dish DVRs. Worst case, what's going to happen to those people if they get shut out? They will go to Directv, who is not a friend to tivo, either. So that does not help Tivo in the slightest bit.
The obvious answer is for Echostar to go into the Tivo business, both in satellite and OTA arenas.
The only issue is finding the right kind of deal.
Why would Tivo settle? Money. It does Tivo no good to shut down all the Dish DVRs. Worst case, what's going to happen to those people if they get shut out? They will go to Directv, who is not a friend to tivo, either. So that does not help Tivo in the slightest bit.
The obvious answer is for Echostar to go into the Tivo business, both in satellite and OTA arenas.
The only issue is finding the right kind of deal.
Doesn't matter because the hardware verdict was reversed. As it stands right now, the hardware no longer infringes, only the software.
