Tivo sanction request against Echostar uncovered: $1Billion
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You missed where I said DISH/SATS makes a very compelling case why the sanctions hearing should be delayed. This is probably one of DISH/SATS best executed plans in this whole incident. It would certainly be difficult for Judge Folsom to assess sanction-based damages for contempt when the finding is being reviewed. It appears from DISH/SATS brief that TiVo divided out the damages into categories and that any reversal from the Court of Appeals would cause a problem with any awarded sanctions.jacmyoung said:
It is not difficult for the judge to assess damages based on his own ruling, the only problem is his ruling is stayed, not in effect, cannot be enforced at this time, not just it is being reviewed.
If only his order were being reviewed but not stayed, E* would not have had any justification for the stay of the sanction proceedings.
In fact as it stands, it would have been better if TiVo had come out with a $2 or $5 billion bid, it would be easier for E* to tell the appeals court how ridiculous it is for the lower court to even entertain such idea when the appeals court had just ordered to stay the contempt ruling and the injunction.
Keep in mind the additional damages are based solely on the contempt ruling, which legally is not even standing at this time.
Do not forget that Echostar is PAYING for the use of the patented technology for upwards of 8 years now. That is definitely $1B worth of dish's profit using the technology.
And get over it, Tivo has a patent, Dish has been found infringing on it and then trying to get around it. Then stalling for years in court
They deserve all they get.
And get over it, Tivo has a patent, Dish has been found infringing on it and then trying to get around it. Then stalling for years in court
They deserve all they get.
The reminder is that I am not a lawyer...jacmyoung said:
I thought only the Amended Final Judgment and Injunction Order was stayed? That document contains three items: damages during the stay, an order against infringements and an order to disable.
There is a separate order which grants TiVo's motion to find DISH/SATS in contempt. It is not stayed, but is being challenged by DISH/SATS.
Thanks for the best laugh I have had in years!
:While we are at it, lets abolish all patents. No, wait, that is not enough, lets abolish all laws, make it survival of the fittest. Happy now?
See you on the street, if you dare to come out!
We have a link to the appeals court order in the sticky thread, in it says:
Then:
So all three items above are stayed. The first among them is the contempt ruling, the second of them is the injunction, the third of them is the kind of steps E* must take in light of the contempt holdings.
One of such steps is E* must brief the court what should be the proper additional sanctions against them in light of the contempt holdings. All parts of the order are stayed, as shall not be in effect until the appeals court rules in November.
Thanks for the best laugh I have had in years!
While we are at it, lets abolish all patents. No, wait, that is not enough, lets abolish all laws, make it survival of the fittest. Happy now?
See you on the street, if you dare to come out!
Hey...considering how antiquated and corrupt things are, abolishment may not be a bad idea! Seriously, we are due for a complete overhaul of the system and that right soon!
It is very interesting to note that E* in their filings to the appeal court did not even specify such complete list of items to be stayed, they only specified that the judge’s 6/2/09 injunction should be stayed.
Yet the appeals court on its own initiation decided their stay order pretty much should cover all aspects of the judge’s order, so much so they specifically listed all three categories of the items just to be sure everything was stayed.
Such initiation underscores the appeals court view that E* had established strong likelihood of success on the merits.
People scoffed when I mentioned this would cost Dish Network upwards of a billion dollars before all was said and done. So far $205 million has been awarded to Tivo for infringement of their IP, and I am sure E* has spent more than 25 million in legal fees so far. This matter would have been resolved so much cheaper if Charlie would have entered into an licensing agreement with Tivo after they lost the original case and subsequent appeal. There is a time to fight and there is a time to sign a peace agreement when you're having your ass repeated handed to you. In this case, Charlie decided to fall on his sword and Dish Network is bleeding out. This could have been avoided.
But there is another order. That is the one granting TiVo's motion for contempt.jacmyoung said:
There was not a single "the order" that covered all three items above, therefore "the order" meant to cover them all, as specified by the three items, regardless which specific order the judge issued on 6/2/09.
BTW, as I stated in another forum, not suprisingly Judge Folsom decided to go for the 7/28 sanction hearing, but he said he would not enforce the sanction pending E*'s appeal.
It is time for E* to appeal this decision again
The Amended Final Judgment and Permanent Injunction somewhat covered all three items. It certainly mentions the finding of contempt, as well as the enjoining of DISH/SATS and the requiring of DISH/SATS to take certain steps in light of the contempt finding.jacmyoung said:
We'll see the motions regarding the sanctions hearing at the Court of Appeals shortly.
Folks, stay on topic. And the topic is the amount of the sanctions being sought by Tivo in terms of the contempt.
The Amended Final Judgment and Permanent Injunction somewhat covered all three items. It certainly mentions the finding of contempt, as well as the enjoining of DISH/SATS and the requiring of DISH/SATS to take certain steps in light of the contempt finding.
We'll see the motions regarding the sanctions hearing at the Court of Appeals shortly.
Do you not agree that "finding of contempt" is stayed? Meaning legally the contempt finding is not in effect.
As far as E*'s appeal, I said they would appeal based on their history of appealing every order
As far as I am concerned, they do not have to appeal either, because the judge said he would not enforce the sanctions anyway, until the appeals court ruled in November.The thing E* must avoid is to have this sanction hearing, and the judge renders a money judgment, then enforces it right the way, if so E* will likely have to put up another bond. Otherwise it is just a few briefings and a 30-min stand-in in the court on 7/28 by the lawyers, no big deal. In fact I would like to see how the judge deals with TiVo's $1 billion bid.
Do you not agree that "finding of contempt" is stayed? Meaning legally the contempt finding is not in effect.
As far as E*'s appeal, I said they would appeal based on their history of appealing every order
The thing E* must avoid is to have this sanction hearing, and the judge renders a money judgment, then enforces it right the way, if so E* will likely have to put up another bond. Otherwise it is just a few briefings and a 30-min stand-in in the court on 7/28 by the lawyers, no big deal. In fact I would like to see how the judge deals with TiVo's $1 billion bid.
Look, it is on HOLD. It has not been eliminated; it is "stayed" pending the appeal. Simple. Return to the status quo.
And we now know that Tivo has sought about one billion dollars in damages. And thus, we are right back to where we were a week or so ago, just a little more info.
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