Thank you... I didn't realize the action predated Dish and TV Guide both changing corporate ownership and was searching under the current names. Again though, Dish/Echostar came out of the settlement with the licenses needed to continue using the technology. Expensive, but obviously not fatal.
Actually, Echostar PREVAILED in the first trial. Gemstar/TV Guide sued EVERYBODY (as in every cable and sat company) who used any type of EPG. The suit involved the tech being migrated form Europe, IIRC. Anyway, Dish's win was appealed on some legal technicality that the appeals court ruled that a whole NEW trial must be take place. It was 2 weeks later that Gemstar/TV Guide and Echostar settled: Gemstar/TV Gude--then a dying company--didn't get anywhere near what they wanted, but at least they would get some change and NOT have to pay for a whole new trial and focus on all the other companies they has sued for the same claim, and Echostar could save on new trial costs and end this thing now for chump change, and Echostar got lifetime licenses to ALL Gemstar/TV Guide tech in exchange. This was virtually the identical settlement in TiVo vs. Echostar a few years later, and it was Echostar who got out CHEAP while TiVo had no choice but NOT WAIT for the Supreme Court
(a brilliant action and subsequent move by Echostar's attorneys that resulted in a ruling requiring a WHOLE NEW TRIAL--hence TiVo's appeal to the Supreme Court that would take to long for SCOTUS to just DECLINE to hear the case) and take Echostar's money or file for bankruptcy, and then TiVo could focus on all the other MVPD's (except DirecTV who made no patent lawsuits clause as part of the contract if it moved to develop the new DirecTiVo) and all the STB makers for cable and sat and get even MORE money. BTW, Broadcom would have to have been a cohort in infringing upon TiVo's patents if, indeed, Echostar was infringing upon TiVo patents, but Broadcom was--STRANGELY--not named as a defendant in the suit.
Most often, there are no innocent victims in these lawsuits. It is corporate gamesmanship. It is all part of business. Even though Ergen knew/believed (even the Judge in the TiVo vs. Echostar case stated that
"They [Echostar] must really believe they are not infringing.") NEVER had any ill feelings about the matter nor any ill feelings about his friend and CEO of TiVo at the time, Tom Rogers. Ergen spent some time on a conference call back then making it clear that there is no "bad blood" nor any ill feelings between he and Rogers,
"It's a disagreement; it's just an honest disagreement. He [Tom Rogers CEO of TiVo back then] believes we are infringing, and we [Echostar] believe we are not." After the settlement, on the day of the first wire transfer of money to TiVo, Charlie Ergen said, "Now, I expect Tom to pay the bill the next time we go to lunch" It was a funny remark.
Don't ever read too much into such lawsuits and actions in the courtrooms or government agencies like the FCC when ALL companies move to do what is in their best interest, even if TiVo or Gemstar/TV Guide know that their patents are NOT being infringed (and both of those companies were in desperate shape when they decided to sue and hope to get some money for the effort). Even Tom Rogers stated clearly that any company that would not make a deal with TiVo for its tech or patents will be sued. Tom Rogers made such a statement because he knows that such outrageous games are just BUSINESS.
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