TiVo files Agenda for May 30 meeting in patent infringement lawsuit
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I am no fan of the TiVo "air" patents, but the time for settlement are long past. I agree with Mojo...make 'em pay, shut off all DVRs as per the court order, and pursue litigation directed at the newer DVRs like the 622/722.
To be honest, the folks at VOOM should hire the TiVo law team ASAP...E* is almost 4 monts into potentially violating their affiliate agreement according to VOOM, and could already owe VOOM tens of millions of dollars.
To be honest, the folks at VOOM should hire the TiVo law team ASAP...E* is almost 4 monts into potentially violating their affiliate agreement according to VOOM, and could already owe VOOM tens of millions of dollars.
They have to start with someone. Depending on how it goes they will probably start suing others that refuse to license the patents. This has been going on for years, trial, appeals, etc.
Tivo needs money and a business plan. There is a limit to what they can get through litigation. The company is floundering. Both companies need to turn down the level of animousity and make a deal.
ok.. now im a bit uncomfortable.
@ flyingsquirrel ... i was just going to point that out... wasnt tivo about to go belly up not too long ago?
@ flyingsquirrel ... i was just going to point that out... wasnt tivo about to go belly up not too long ago?
Technically, the patent is about watching one recorded show while recording another, by using only one processor and a specialized switch. TiVo had approached Echostar about licensing or manufacturing DVR's for them, and even left a prototype machine back in 1998. Echostar decided to go their own way, but somehow put into production machines that are essentially based upon TiVo's box.
The filing by TiVo was required by the courts, as part of the wrap-up of the outstanding issues of the case. Echostar and Dish Network must respond by brief on 23 May. So we will definitely hear more whining!
And Voom has no real stand, here. Technically, because Dish Network terminated the agreement on 31 January, the only fight that VOOM has is if that agreement was wrongly terminated.
The filing by TiVo was required by the courts, as part of the wrap-up of the outstanding issues of the case. Echostar and Dish Network must respond by brief on 23 May. So we will definitely hear more whining!
And Voom has no real stand, here. Technically, because Dish Network terminated the agreement on 31 January, the only fight that VOOM has is if that agreement was wrongly terminated.
Seems to me that both TIVO and VOOM should merge since the only thing they both have in common is an ineffective management team that are looking for a quick buck to survive.
Time Warner ? They use (typically) Scientific-Atlanta boxes with Pioneer / Aptiv software.
Though most would find the patent over-reaching and the equivalent of patenting air, in the infinite wisdom of the US Patent Office, the patent was upheld and cannot be appealed so it is what it is. As much as I would like Dish to prevail (I personally dislike Tivo), they are only delaying the inevitible. Hopefully both parties will settle, but it doesn't appear either is interested in doing so - to the detriment of their customers and shareholders.
Hint TIVO stole their idea from a German company---,the same patent that started WEB TV end hint
I really have no idea whether they infringe. Both manufacturers and sellers can be sued though, anyone that profits.
Judging by Tivo's filing, even they don't expect that to happen. It is too late to settle, makes no difference, might as well fight to the very end.
Tivo is mindful of the new software claim by DISH, so much so they initiated the discovery out of the court, and continues to do more so through the judge. Now even the judge will be forced to look at the new software claim by DISH, before DISH even makes such request.
Additionally, while the hardware verdict was overturned by the appeals court, the same court did suggest parties (mainly Tivo) to address it, but Tivo does not. So the injunction that was formulated on both the software and hardware verdicts at the time, is now standing on only one leg, a more important one yes, but still somewhat crippled.
The argument can go like this, your honor, since our hardware never infringed as far as this lawsuit is concerned, and since our new software no longer infringes, it only begs to reason that the injunction should be lifted.
I fear the judge did not want this to happen, but now both Tivo and DISH insist that he does, he will have to look at the new software claim very carefully before making a decision. It is not over yet.
He could still find DISH in contempt of court while agreeing to look at the new software claim, but if so the appeals court will likely struck him down like the first time (when he refused to stay his injunction pending appeal and when the appeals court said no no, we are staying it while looking at DISH's appeal), simply because this time he needs to look at the new software issue thoroughly, at request by no one other than Tivo.
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How does TiVo know it still infringes ? It's not an issue of "copying" code but instead the fact that it does a certain process. That is so lame..... Using that argument, Dish will NEVER not be infringing without removing so much of the functionality of the DVR that it's near useless.
Pure desperation on TiVo's part then.... What can Time Warner do ? They can't pay a licensing fee for a product they don't own. They can't remove the functionality. Oh wait, they can agree to use TiVo software on the set-tops.
Tivo did seek discovery out of the court and DISH did provide them limited evidence. You would think the evidence DISH provided to Tivo volunteerily was solidly in support of the DISH's non-infringing claim, and in addition, Tivo is seeking additional discovery of the new software from the judge to get more evidence just "to be sure."
Judging from the above Tivo was only making a claim, just like when DISH claimed their old software was not infringing.
That said, I must say to prove the new software is non-infringing is not a very easy thing for DISH to do. It is possible but I just don't know if they had enough time to have the thing wrapped around yet.
