Dish: Ready to shut down DVRs if it loses lawsuit

[riffjim4069]

Sorry, it was a Jury trial.

Plus all the appeals, there were plenty of other judges that upheld the ruling.

Agreed. As much as I dislike Tivo's patents and the court rulings, "We the People" have always sided with Tivo in this case. Dish Network customers and shareholders should be angry with DISH/SATS leadership for not settling this matter and costing them hundreds of millions in additional fees and forfeited profits.

 

[whatchel1]

Happy they haven't Tivo needs to be taken down by someone.

 

[Ghpr13]

If E* did purchase TiVo, would E* really have the power to either up the fees or deny licensing to D*?

Also, I wonder if Judge Folsom has D* or cable?
Ghpr13

 

[whatchel1]

Owner calls the shots

If E* did purchase TiVo, would E* really have the power to either up the fees or deny licensing to D*?

Also, I wonder if Judge Folsom has D* or cable?
Ghpr13

In nearly all cases the owner of the company has the right to deny service to anyone they want to.

 

[Voyager6]

Sorry, it was a Jury trial.

Plus all the appeals, there were plenty of other judges that upheld the ruling.

Agreed. As much as I dislike Tivo's patents and the court rulings, "We the People" have always sided with Tivo in this case. Dish Network customers and shareholders should be angry with DISH/SATS leadership for not settling this matter and costing them hundreds of millions in additional fees and forfeited profits.

I believe that the CAFC upheld only part of the original jury verdict. Since then, it has only been Judge Folsom and two CAFC Judges that have sided with TIVO. Judge Rader on the CAFC did not side with TIVO

As far as licensing goes, wouldn't E* have spent the same amount on licensing fees (passed onto us) during the same time?

 

[stonecold]

He still playing a hand of poker. When he was asked if he was thinking of buying Tivo he said he hasn't really thought about it...

Yeah right...

Charlie not a great poker player.....

Shouldnt you said blackjack.

 

[Scott Greczkowski]

Wrong...
Charlie was a Pro Poker player...

See his bio at In Pictures: Hobbies A to Z - Poker: Charles Ergen, CEO of EchoStar Communications, 56 - Forbes.com

 

[ekilgus]

Isn't there something in the patent office looking at the TIVO patent about not being legal?

I thought so too and if true, while this is a separate issue if the patent is declared invalid it would have a major impact on this lawsuit.
I wonder what would happen if Dish was forced to shut down all DVR's and pay Tivo a huge amount of money then find that the patent infringement at the nexus of all this was declared invalid.

If that scenerio comes into play, Tivo would simply fold up.

I doubt there will be any ruling regarding the validity of the patent anytime soon.

 

[Scott Greczkowski]

I wonder what would happen if Dish was forced to shut down all DVR's and pay Tivo a huge amount of money then find that the patent infringement at the nexus of all this was declared invalid.

Dish would not get any of that money back that they already paid.

 

[stonecold]

Wrong...
Charlie was a Pro Poker player...

See his bio at In Pictures: Hobbies A to Z - Poker: Charles Ergen, CEO of EchoStar Communications, 56 - Forbes.com

He plays pro poker, but a biography is a book I have said he is a much better blackjack player and was wrongfully accused by a casino for card counting. I have to find that book.

 

[Scott Greczkowski]

Yes he was thrown out of Las Vegas for Card counting that is true.

 

[Scott Greczkowski]

Here is a funny one... Thomas22 reported a post that he didn't like... MINE.

He don't get it that I own the site.

 

[Voyager6]

I thought so too and if true, while this is a separate issue if the patent is declared invalid it would have a major impact on this lawsuit.
I wonder what would happen if Dish was forced to shut down all DVR's and pay Tivo a huge amount of money then find that the patent infringement at the nexus of all this was declared invalid.

If that scenerio comes into play, Tivo would simply fold up.

I doubt there will be any ruling regarding the validity of the patent anytime soon.

I posted about this previously (see post #109). The PTO has already given a preliminary rejection of two main parts of the '389 patent.

PTO Preliminary Review Rejects 'Time Warp' Claims

by Todd Spangler -- Multichannel News, 8/10/2009 2:00:00 AM



In the latest wrinkle in the years-long legal fracas between Dish Network and TiVo, the U.S. Patent & Trademark Office last week issued a preliminary rejection of two claims in TiVo's so-called “Time Warp” patent.

It will still be some time before this is finally settled.

 

[whatchel1]

HA HA

Here is a funny one... Thomas22 reported a post that he didn't like... MINE.

He don't get it that I own the site.

Now that is funny, Thomas doesn't seem to be the brightest bulb in the bunch when he starts arguing about how Tivo should win over E*. He's honing in on the kill in the trail too bad he doesn't see that the monster in the woods may just be ready to pounce.

 

[mike123abc]

TiVo wouldn't issue a license for just a portion of the DVRs they believe infringe. In fact, TiVo may not be willing to license any of them period. DirecTV would pay a lot for an exclusive license.

If the judge refuses to put the ViPs in the injunction and TiVo is faced with having to start over again and sue, they might license the existing infringing receivers, and even work a deal on the ViPs to avoid another trail process.

Again the relative strengths of the bargaining between Dish and TiVo depends entirely on what the final outcome of the court system is.

 

[whatchel1]

What type

If the judge refuses to put the ViPs in the injunction and TiVo is faced with having to start over again and sue, they might license the existing infringing receivers, and even work a deal on the ViPs to avoid another trail process.

Again the relative strengths of the bargaining between Dish and TiVo depends entirely on what the final outcome of the court system is.

Us that a hiking trail or backpacking?

 

[apollog]

If the DN had to shut down their DVR's, Charlie would try to buy out the competition, which is DTV. He would not buy DTV under the DN name, but under the Echostar name. Thus, showing the FCC that there is no monopoly going on.

 

[Voyager6]

If the judge refuses to put the ViPs in the injunction and TiVo is faced with having to start over again and sue, they might license the existing infringing receivers, and even work a deal on the ViPs to avoid another trail process.

Again the relative strengths of the bargaining between Dish and TiVo depends entirely on what the final outcome of the court system is.

The problem for Charlie is that Judge Folsom is not inclined to agree with E* on anything. His ruling on the contempt was quite explicit. He didn't care if the infringing DVR's could be made to be non-infringing. He wants them shut down to comply with his injunction. No one has commented on whether a licensing deal would change his mind on this. I doubt that E* could convince Folsom that the VIP series are any different from the other DVR's. Since they both get the same results, even though their internal processes are quite different, they must be infringing in his closed mindset.

 

[rockymtnhigh]

Here is a funny one... Thomas22 reported a post that he didn't like... MINE.

He don't get it that I own the site.

Yeah, I could have nuked Scott's post, but then he would have nuked me.

It was pretty funny, that's for sure.

 

[Tyralak]

Here is a funny one... Thomas22 reported a post that he didn't like... MINE.

He don't get it that I own the site.

Classic! :haha