EchoStar Announces Federal Court Blocks Tivo Injunction

[Poke]

http://biz.yahoo.com/bw/061003/20061003006230.html?.v=1

ENGLEWOOD, Colo.--(BUSINESS WIRE)--EchoStar Communications Corporation (NASDAQ: DISH - News) issued the following statement regarding recent developments in the Tivo Inc. v. EchoStar Communications Corp. lawsuit:
Tuesday October 3, 5:48 pm ET

"We are pleased the Federal Court found that EchoStar has a 'substantial case on the merits' and blocked the Texas decision for the duration of the appeal. This action by the Federal Court reinforces our belief that the Texas court made significant errors during the trial process and we look forward to complete vindication of our position.

As a result of the Court action, our customers will not be disrupted and all of our DVR models will continue to be available through the EchoStar distribution system."

 

[Poke]

About time they see the light...

 

[RandallA]

Finally a break for E*.

 

[Poke]

Yeah Tivo needs to get over it.. You going to try something like this you half to do it to everyone not just Dish..

 

[cforrest]

Tivo's statement on the matter...

http://money.cnn.com/services/tickerheadlines/prn/200610031652PR_NEWS_USPR_____SFTU123.htm

 

[BCH]

Interesting that the TIVO statement did not list the VIP622 as one of the offending receivers. They did, however, have a catch all statement (all EchoStar DVRs that are not more than colorably different) that may include the 622.

 

[MikeD-C05]

Now how long will this appeal process take? Maybe tivo will be down for the count by the time the appeal process is completed.

 

[brian24740]

This is good news for echostar,this process could take years.

 

[navychop]

YES!
:clap :clap :clap

 

[Tom Bombadil]

So where are the legal types who were saying that TIVO had E* by the short hairs on this one?

Of course they still may, but how long will it be until this would be settled.

Sounds to me like it is a good time for TIVO to call Charlie to talk out-of-court settlement for a fraction of the initial damages.

 

[navychop]

Yes, a SMALL fraction. Or just buy 'em out at fire sale prices. Or outwait them. Without another angel, they can't last too many more years.

"...and the appeal itself will be decided on a totally different standard of review..."
Yeah- like "reality?" With any luck, those patents will be declared invalid and soon.

 

[Hall]

Interesting that the TIVO statement did not list the VIP622 as one of the offending receivers. They did, however, have a catch all statement (all EchoStar DVRs that are not more than colorably different) that may include the 622.

Maybe because they keep re-listing the same list of receivers that they've had since the beginning ?? They have listed the few receivers that are excluded and the 622 ain't one of them. It simply wasn't available at the time the lawsuit was brought on. If anyone thinks they're exempt from this because they have a 622, be prepared for a rude awakening if TiVo "wins". I don't think they will, personally, but if they do, the 622 will be affected.

 

[Tampa8]

Just that the court blocked it means they found enough evidence presented by Dish that the Texas ruling was flawed. Important because the Dish argument could have been to block the injunction because irreputable harm would be done in the months of appeal should they eventually win. If they got the injunction based on that it would not really indicate weather Dish had a chance or not. But they got the injunction based on their evidence that the ruling was flawed. That does give an indication Dish could win in the end.

 

[redman042]

I suppose it's possible the 622 hardware works in a different way that doesn't infringe the patent. Does anyone know? If I understand correctly, the Tivo patent covers a very specific method of moving video streams through memory that allows multiple video streams to be handled at once with an inexpensive CPU and memory setup. The primary goal of the Tivo patent was to keep DVR costs down but still be able to record one show (or two) while watching another.

I don't know the timing of the Tivo lawsuit vs. when the 622 was developed, but I wonder if E* anticipated a potential problem and redesigned the 622 with multiple processors and memory banks that don't perform the patented "trick".

Then again, I also believe that this issue will go away and the point will be moot. E* will either win, buy Tivo, or pony up the licensing fee.

 

[MikeD-C05]

Or change the software so they no longer infringe on Tivo's patent which would mean they would keep the dvrs they have now .

 

[Peter Parker]

It has beena rgued ina another forum that DISH intends to do that and that a statement in a Charlie Chat cofirms that. That may or amy not be the plan but tehre is always risk concerning whether they can devellop it and whether the court would acccept that it is different.

The bottom line is that nothing is likely to happen for awhile but none of us knows what will finally happen.