Dish Faces April 30 Deadline In TiVo Case

[kstuart]

What is the most recent actual real world action in the TiVo vs Dish case ?

( It is hard to find that amidst the thousands of posts "yes, I'm right" "no, you're wrong" "neeter neeter" ).

 

[Darrell S]

DishPlayer was released to the market BEFORE TiVo.

Sure mock ups of Tivo and Replay were shown at CES... speaking of that where the hell is that new DIRECTV TIVO?

A little place called vaporland perhaps? I think the first gen of this thing is going to have millions of bugs.

 

[Greg Bimson]

What is the most recent actual real world action in the TiVo vs Dish case ?

( It is hard to find that amidst the thousands of posts "yes, I'm right" "no, you're wrong" "neeter neeter" ).

Dish Network and Echostar have filed for both a panel rehearing and an en banc rehearing at the Court of Appeals (CAFC). It has yet to be granted or denied, as it is still within the timeframe for the panels to decide whether or not the CAFC should re-hear the case in some form.

The 30 April deadline issued byJudge Folsom will expire without an issue, as the injunction is still stayed by the CAFC.

 

[sparc]

Dish Network and Echostar have filed for both a panel rehearing and an en banc rehearing at the Court of Appeals (CAFC). It has yet to be granted or denied, as it is still within the timeframe for the panels to decide whether or not the CAFC should re-hear the case in some form.

The 30 April deadline issued byJudge Folsom will expire without an issue, as the injunction is still stayed by the CAFC.

Is there a normal timeframe for the CAFC to decide whether they should re-hear the case? weeks? months?

kind of curious how long this might drag on...

 

[pabeader]

Is there a normal timeframe for the CAFC to decide whether they should re-hear the case? weeks? months?

kind of curious how long this might drag on...

until TIVOs poison pill expires.

 

[whatchel1]

Maybe this is why the mgt at TIVO is selling stock ASAP. Called getting out while the getting is good.

 

[harshness]

Maybe this is why the mgt at TIVO is selling stock ASAP. Called getting out while the getting is good.

This month has certainly seen its share of exercising options and turning around and selling them. The price is nearing a 52 week high.

 

[MCSuckaDJ]

Dear everyone:

 

[mrschwarz]

A 211 IS NOT a DVR when you buy it from Dish.

That doesn't mean it's not part of this. It only means that Dish doesn't call it a DVR from a billing point of view. It's up to the court to decide if it's an infringing device.

Are model numbers specifically included or excluded in the rulings?

 

[whatchel1]

bs

Dear everyone:
Hey!

bs, bs, bs. Why is this even here? Didn't count the number of times that wrong was said so only went w/ 3.

 

[david_jr]

That doesn't mean it's not part of this. It only means that Dish doesn't call it a DVR from a billing point of view. It's up to the court to decide if it's an infringing device.

Are model numbers specifically included or excluded in the rulings?

211 does not have a hard drive and has no DVR functionality. If a EHD added then has DVR functionality. Remove EHD, removes DVR functionality, so the unit would not have to be disabled under any interpretation of the court order even taken to the extreme, which many seem to want to do. Me, I just want this whole mess over.

 

[Voyager6]

That doesn't mean it's not part of this. It only means that Dish doesn't call it a DVR from a billing point of view. It's up to the court to decide if it's an infringing device.

Are model numbers specifically included or excluded in the rulings?

As noted earlier in this thread:

..the Court thereby enters judgment for Plaintiff against Defendants for infringement of U.S. Patent No. 6,233,389 (“‘389 patent”), claims 1, 5, 21, 23, 32, 36, 52, 31 and 61 (“the Infringed Claims”) by Defendants’ following DVR receivers (collectively the “Infringing Products”): DP-501; DP-508; DP-510; DP-522; DP-625; DP-721; DP-921; and the DP-942.

Defendants are hereby FURTHER ORDERED to, within thirty (30) days of the issuance of this order, disable the DVR functionality (i.e., 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. The DVR functionality, i.e., disable all storage to and playback from a hard disk drive of television data) shall not be enabled in any new placements of the Infringing Products.

The VIP series was not in production at the time the lawsuit was filed. TIVO attempted to get them added later in the trial/appeals process but was unsuccessful. TIVO will no doubt try and get Judge Folsom to name the VIP DVR's as only colorably different from the infringing models in a later hearing. As for the 211, who knows?

 

[Blastfurnace]

As noted earlier in this thread:


The VIP series was not in production at the time the lawsuit was filed. TIVO attempted to get them added later in the trial/appeals process but was unsuccessful. TIVO will no doubt try and get Judge Folsom to name the VIP DVR's as only colorably different from the infringing models in a later hearing. As for the 211, who knows?

This may have been asked before but can anyone give me the deffiniton of "Colorably Different"?

I THINK I know what it means but I am not SURE.

Everyone dotes on the details, which they should, but at it's core isn't this case about the technology that allows you to "Tape the end while you watch the begining."? Isn't that what TiVo is CLAIMING they own?

I have a magnavox HD recorder Stand alone that allows me to do that very same thing. It doesn't have a program guide its more like the VCR days where you just program channels and times BUT you can "Watch the begining while you record the end" isn't that what TiVo calls Time Warp?

And when people talk about prices may or may not increase to pay for any costs things get heated but didn't I just lose the 5.00 deduct for a phone line plugged into my receiver and didn't my DVR fees just go up? Maybe they did that to gain some capital to pay for this. which is fine by me if that is what it takes to keep my DVR. My new 722 is unreal I have never been happier with dish.

M

 

[Greg Bimson]

Is there a normal timeframe for the CAFC to decide whether they should re-hear the case? weeks? months?

kind of curious how long this might drag on...

It should be known whether or not the case will be re-heard by about 8 May.

If it isn't re-heard, DISH/SATS next step is the Supreme Court petition and the window gets much smaller.

If it is re-heard, figure about another year.

 

[Voyager6]

This may have been asked before but can anyone give me the deffiniton of "Colorably Different"?

I THINK I know what it means but I am not SURE.

I found this explanation.
October 23, 2009

AVOID THE UNCLEAR WORD “COLORABLE” -- Be wary of words that have one meaning to the layperson and a different meaning to IP experts. An example that the Curmudgeon has harped on is “comprising,” which has a special meaning in patent claims. Another is “colorable.” Two general dictionaries give “plausible” as a synonym for colorable. According to Black’s Law Dictionary, however, in the IP field a “colorable alteration” is a modification that effects no real or substantial change. In the current Senate patent reform bill, patent infringement may be willful if “the infringer engaged in conduct that was not colorably different from the conduct previously found to have infringed . . . .” It appears that the bill is using the general definition of “colorable,” not the IP definition.
​

Everyone dotes on the details, which they should, but at it's core isn't this case about the technology that allows you to "Tape the end while you watch the begining."? Isn't that what TiVo is CLAIMING they own?

I have a magnavox HD recorder Stand alone that allows me to do that very same thing. It doesn't have a program guide its more like the VCR days where you just program channels and times BUT you can "Watch the begining while you record the end" isn't that what TiVo calls Time Warp?

Not only watching while recording but also jumping back and forth through the program. Basically, indexing the recording to enable the jumps.

And when people talk about prices may or may not increase to pay for any costs things get heated but didn't I just lose the 5.00 deduct for a phone line plugged into my receiver and didn't my DVR fees just go up? Maybe they did that to gain some capital to pay for this. which is fine by me if that is what it takes to keep my DVR. My new 722 is unreal I have never been happier with dish.

M

The new receiver fees may or may not be to pay for the litigation. E* and TIVO have not reached any type of accommodation in regards to this issue. No licensing deal, no buyout, nothing to put this issue to rest. However, E* is pushing the Patent Office to invalidate TIVO's "Time Warp" patent and is having some success. Whether it will happen in time to save E*'s DVR's is unknown.

 

[Crazy_Legs]

Since the April 30 deadline is tomorrow.. Has anyone heard anything definitive? I've been watching the stock prices for SATS and TIVO. TiVO still has its upward trend but SATS remains pretty much steady in its zone.

 

[Scott Greczkowski]

It would not surprise me if we heard nothing tomorrow.

 

[Crazy_Legs]

It would not surprise me if we heard nothing tomorrow.

That's odd don't you think? Since tomorrow would be the drop dead date, I thought this thing would gain traction in SOME direction if they wanted to avoid further contempt of court litigation.

 

[Scott Greczkowski]

Nah I don't think its odd at all. This entire case all court ordered dates went out the window, so I dont expect this to be any different.

 

[Crazy_Legs]

Nah I don't think its odd at all. This entire case all court ordered dates went out the window, so I dont expect this to be any different.

LOL. True, but it seems like Judge Folsom is tired of Charlie dragging out the process. So come Monday morning I wouldn't be surprised if something wasn't on the wire. Honestly, the whole basis of the patent is ridiculous anyway. The dotcom boom really created gray areas with patents.