TIVO vs E*
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Let's see. Cable deals in place. Directv deal in place. Soon a deal with cheap Charlie.
I think TiVo will be around for a very long time.
The funniest part is that anyone with enough money can request a re-exmination.
That's right. It costs money. You don't even need a reason, you just write a check and the USPTO is more than happy to take it.
If I wanted to waste my shareholders money, I could request a re-examination too.
Once again, this is nothing but a Hail Mary by Charlie. All he's going to accomplish is paying to have Tivo's patents made even more bulletproof.
Tivo should thank Charlie. They won the first time and they will win again. Nothing has changed except the price Charlie is paying.
That's one way Charlie could get his money back.
It wouldn't surprise me if Charlie makes an awkward attempt to buy Tivo after he loses this latest round and is found in contempt.
It's going to cost him big time, though.
On top of the treble damages Charlie is begging for.
Once the patents are validated (again) Tivo's IP is going to be even stonger.
When TIvo goes after the rest of the infringers they will have Charlie to thank for making their patents bulletproof. And it won't cost them anything! It will all be on Charlie's dime.
Tivo is at break even with $200 million in cash. They just signed a more favorable (for Tivo) deal with DirecTV. I believe it was something like $3 a box with a minimum payment from DirecTV every month.
If DirecTV is paying $3 a box without the hassel and costs of litigation, can you imagine what Charlie is going to have to pay? $4 a box? $5
I don't think they are going anywhere for a while thanks to Charlie. Even without Charlie's money they'll be around for a while.
Oh, and win or lose Charlie still owes close to $200 million more in damages.
Tivo is at break even with $200 million in cash. They just signed a more favorable (for Tivo) deal with DirecTV. I believe it was something like $3 a box with a minimum payment from DirecTV every month.
If DirecTV is paying $3 a box without the hassel and costs of litigation, can you imagine what Charlie is going to have to pay? $4 a box? $5
I don't think they are going anywhere for a while thanks to Charlie. Even without Charlie's money they'll be around for a while.
Oh, and win or lose Charlie still owes close to $200 million more in damages.
Yes...they will be around for 'a while'....I agree to that...
unfortunately, I plan on living longer than 'a while' so I tend to think in longer terms...
You 'think' too much, but don't 'know' anything....
:neener:neener:neener:neener
This is the only reponse you deserve for that comment.
Uh, no. We are talking about the new lawsuit because it is automatic whether the contempt issue fails or not. DE just made it easier to talk about.
For a very long time, TiVo folks talked about why E* was in contempt on the face, new design or not, to today talking about the new case may be many years from now, that is a huge change of attitude already
"huge change" of attitude? Uh, no again. I still think they'll be found in contempt "on the face" (I assume you mean prima facie). It's just taking longer than I thought. But it's taking longer because Judge Folsom is taking this further than simple prima facie contempt and turning into both prima facie contempt for the 4+ million already-adjudicated receivers and ksm-style contempt for those sold since. D-Day for Dish.
Well golly gee, thank goodness yer letting us have us our opinion. I'm mighty obliged that you've let us have our lil' ol' thoughts on this thang for which you are so clearly intellectually superior to us simple folk. ("dripping with sarcasm" smiley goes here)
You have identified the wrong party (it's not DISH who cannot face facts
), but correctly identified the issue. TiVo continues to pile up win after win over DISH (and they have $105 million and the bank to show for it), yet DISH keeps claiming victory. If they claim victory after each $105 million, I'm all for them winning another dozen times. Why, three words in and you've already made a fatal mistake in reasoning. Might have broken your own internet record. LOL.
Undisputed by whom? If I say "I dispute those statistics" is it still undisputed? (I hereby dispute those statistics). And, pray tell, please let me know the statistics for a patent that has already once successfully survived a re-exam.
Do you know that 4 out of 5 dentists recommend Trident Gum to their patients? Therefore, TiVo has an 80% chance of winning the case.
Please, if you are going to pull magical statistics out of a hat, please try to make them funny so we can all laugh at your quick wit.
Completely false, and this has been pointed out to you repeatedly, time and time again.
Actually, quite the opposite. It is undisputed that any patent that has successfully survived an initial re-exam survives further re-exams in 96% of cases. It's all but certain that it survives again.
Not true on contempt. The vast majority of cases do not get stayed (look it up in Nolo's Compendium of Law Statistics, Volume 15). In fact, even if contempt is not found, it is a near certainty that Judge Folsom will grant a temporary injunction from DISH selling any DVRs during the trial as a result of their past behavior.
I'm holding my width.
It's better to burn out than to fade away, rust never sleeps.
Ok...that made no sense...
because rust is precisely the problem...
I'm telling you, Charlie is playing with fire.
After he finishes painting himself into a corner, Charlie will "settle" for $5 a box.
If he risks having all his DVR's shut down he will be forever known as the craziest CEO ever to run a company into the ground. And not crazy in a good way.
Go back read the law before you make things up, as I quote Thomas22
If there is a contempt, it means TiVo has proven by clear and convincing evidence that the new design is still an infringement, therefore this new DE case will be moot, because this new DE case is to determine if the new design still infringe or not.
Please understand the law before making things up, even E* had admitted if there is a contempt this new DE case will likely be moot.
Wrong again, this time on facts. Judge Folsom so far is still talking about the 4 million DVRs, no more no less, do not make things up! Even if E* is in contempt, it will only be about the 4 million old DVRs, nothing more at this time.
Again do not make things up.
Again another rant without any substance.
You have identified the wrong party (it's not DISH who cannot face facts
Again there is only one win by TiVo so far, that one $105M. You are too quick to claim victory after victory, get a contempt first, them we can talk, but you still do not have that.
I at least had stated a fact, you only had a rant again without substance.
You can of course dispute the statistics, by offering your own statistics, but until then the statistics are undisputed. And BTW the statistics are presented by Thomas22, and confirmed by many articles and the USPTO.
I am still waiting to see your statistics in dispute. Just saying you dispute is meaningless.
Ok you did present your own statistics, I don't even have to respond to it do I?
Again you lack the ability to read, I did not pull the statistics, your fellow TiVo supporter Thomas22 did, and his statistics are confirmed by many reputable articles and the USPTO.
BTW, although I disagreed with Thomas22 on many issues, I will value his arguments many times over, before even given your rants some serious attention.
Please provide the link to that stats. I am willing to admit if there is actual data.
If a contempt is not found that means E* is not in violation, therefore your logic is completely false.
What is a "temporary injunction" that you just made up?
I have already pointed out three things you just made up.
That is a total lie, I can say this for sure, if you have been holding your breadth, you have done so for over a year already, you would not be talking here today
So it is a lie.Three things made up and a clear lie, all in one post.
It is not a lie, it is a joke! (You misspelled "breath".)That is a total lie, I can say this for sure, if you have been holding your breadth, you have done so for over a year already, you would not be talking here today
Thanks...a testimony to its accuracy....
Thanks for the "Super" intelligent response.
nobody99 said:
dictionary.com said:
dictionary.com said:
To recap:
nobody99 said:
What really amuses me, and to be honest, concerns me to an extent, is the absolute utter and complete lack of command of the English language that your post illustrates. Ok, fine it's one thing to mis-type "breath" and maybe I shouldn't have been a smart-ass to call you on it (but, in fairness to me, I thought it was hilarious).
But how can you "say for sure" that it is a "total lie?" What does "I'm holding my width" even mean? Seriously, if you take that position about a completely made up sentence that has no meaning in the English language, how can anyone take anything you say seriously. Don't get me wrong, nobody does take you seriously about anything you post, but this is over the top. It's the classic illustration of the old saw "better to keep your mouth closed and let people think you're a fool then open it and remove all doubt."
Doubt has left the building. Thank you, and good night.
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