Dish's en banc request APPROVED!

[mike123abc]

TiVo won't lose if Dish "codes around the patent". That's like speeding, getting pulled over, and telling the cop I won't speed anymore. That doesn't get you out of the instance that you were pulled over for.

Well Dish has already paid for the original patent loss. The question now is if Dish has successfully developed non infringing code. They lost the court case and the 3 judge panel but then the full appeals court decided to look it over. There are lots of ways this could go, it could be tied up a lot longer if there is a mixed ruling (i.e. some parts decided the rest sent back to the lower court for retrial).

 

[Hall]

The question now is if Dish has successfully developed non infringing code

First, I don't want to sound pro-TiVo, but that's not the issue. TiVo patented a "feature" basically. In simple terms, they patented something like "adding two numbers together results in another number". They may use "1+1=2" in their code and if I use "2+0=2" or "4+ -2=2", I infringe. The main issue is that the patent is too broad (as are many!).

 

[HDRoberts]

First, I don't want to sound pro-TiVo, but that's not the issue. TiVo patented a "feature" basically. In simple terms, they patented something like "adding two numbers together results in another number". They may use "1+1=2" in their code and if I use "2+0=2" or "4+ -2=2", I infringe. The main issue is that the patent is too broad (as are many!).

Not quite. They patented one logical way to implement the feature, not the feature itself. That is not to say there are not other ways. Dish seems to have found one.

 

[riffjim4069]

Egads! We're nearing the one-year anniversary of when the full appeals court decided to rule on this issue. How much longer is it going to take the court to issue its collective ruling?