TIVO vs E*

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Defendants are hereby FURTHER ORDERED to, within thirty (30) days of the issuance
of this order, disable the DVR functionality (i.e., disable all storage to and playback from a hard disk drive of television data) in all but 192,708 units of the Infringing Products that have been placed with an end-user or subscriber. The DVR functionality, storage to and playback from a hard disk drive, shall not be enabled in any new placements of the Infringing Products.
Does this mean that the subs with these 192+k units will no longer be able to use these units as a DVR?
 
I suspect those will be the subject of a new contempt motion very soon.

TiVo has had years now to add them to the list, or at least start the process of trying to get them declared the same as infringing. They have refrained to date. Not saying they will not in the future, but one wonders why they have not done so to date. Friends that have had the infringing units have had them replaced by Dish with 622s for free in the past 6 months. Dish seems to have been working on the phase out, Dish called them and offered a free update.
 
The next contempt hearing were be on the newer models. The chances are that they use the same infringed processes. Charlie would be throwing good money after bad.
Even if the newer models are not under the same criteria, it will still cost E* a lot if they give away free equipment.
 
TiVo has had years now to add them to the list, or at least start the process of trying to get them declared the same as infringing. They have refrained to date. Not saying they will not in the future, but one wonders why they have not done so to date. Friends that have had the infringing units have had them replaced by Dish with 622s for free in the past 6 months. Dish seems to have been working on the phase out, Dish called them and offered a free update.
What is different about the older models that makes them be in violation, yet the newer models not be in violation? :confused:
 
Does this mean that the subs with these 192+k units will no longer be able to use these units as a DVR?
It's the other way around. The people with the 192,000 excused units get to keep using them. The rest of the named models can't record TV signals any more. It is not known whether this means they will go black. They may not be able to display a picture that has not been recorded on the hard drive first.
 
What is different about the older models that makes them be in violation, yet the newer models not be in violation? :confused:
The newer models weren't in existence at the time of the 2006 trial. A contempt hearing will be needed to determine the starus of the newer models.
 
It's the other way around. The people with the 192,000 excused units get to keep using them. The rest of the named models can't record TV signals any more. It is not known whether this means they will go black. They may not be able to display a picture that has not been recorded on the hard drive first.
Duhhh...

Sorry, read it real quickly. Didn't notice the "all but..." in there.

This sucks for those subs.
 
But yet, what the lawsuit entailed is also prevalent in the newer models?
Dish was enjoined from making DVRs that are not more than colorably different from the adjudicated named DVRs. The contempt hearing they just had covered the allegedly modified named models. Another contempt hearing will be needed for the newer models.
 
TiVo PR:

ALVISO, Calif., June 2 /PRNewswire-FirstCall/ --TiVo Inc. (Nasdaq: TIVO), the creator of and a leader in television products and services for digital video recorders (DVR), offered the following statement today regarding the decision by the United States District Court, Eastern District of Texas, in the lawsuit against EchoStar Communications Corporation:

"We are extremely gratified by the Court's well reasoned and thorough decision, in which it rejected EchoStar's attempted workaround claim regarding the TiVo patent, found EchoStar to be in contempt of court and ordered the permanent injunction fully enforced.

In addition, the Court's award of an additional $103 million plus interest through April 2008 makes this victory all the more important. EchoStar may attempt to further delay this case but we are very pleased the Court has made it clear that there are major ramifications for continued infringement."
 
ALVISO, Calif., June 2, 2009 /PRNewswire-FirstCall via COMTEX/ -- TiVo Inc.(Nasdaq: TIVO), the creator of and a leader in television products and services for digital video recorders (DVR), offered the following statement today regarding the decision by the United States District Court, Eastern District of Texas, in the lawsuit against EchoStar Communications Corporation:

"We are extremely gratified by the Court's well reasoned and thorough decision, in which it rejected EchoStar's attempted workaround claim regarding the TiVo patent, found EchoStar to be in contempt of court and ordered the permanent injunction fully enforced.
In addition, the Court's award of an additional $103 million plus interest through April 2008 makes this victory all the more important. EchoStar may attempt to further delay this case but we are very pleased the Court has made it clear that there are major ramifications for continued infringement."

About TiVo Inc.

Founded in 1997, TiVo Inc. (Nasdaq: TIVO) developed the first commercially available digital video recorder (DVR). TiVo offers the TiVo service and TiVo DVRs directly to consumers online at www.tivo.com and through third-party retailers. TiVo also distributes its technology and services through solutions tailored for cable, satellite, and broadcasting companies. Since its founding, TiVo has evolved into the ultimate single solution media center by combining its patented DVR technologies and universal cable box capabilities with the ability to aggregate, search, and deliver millions of pieces of broadband, cable, and broadcast content directly to the television. An economical, one-stop-shop for in-home entertainment, TiVo's intuitive functionality and ease of use puts viewers in control by enabling them to effortlessly navigate the best digital entertainment content available through one box, with one remote, and one user interface, delivering the most dynamic user experience on the market today. TiVo also continues to weave itself into the fabric of the media industry by providing interactive advertising solutions and audience research and measurement ratings services to the television industry. www.tivo.com TiVo, 'TiVo, TV your way.', Season Pass, WishList, TiVoToGo, Stop||Watch, Power||Watch, and the TiVo Logo are trademarks or registered trademarks of TiVo Inc. or its subsidiaries worldwide. (C) 2009 TiVo Inc. All rights reserved. All other trademarks are the property of their respective owners.

FORWARD LOOKING STATEMENT NOTICE This release contains forward-looking statements within the meaning of the Private Securities Litigation Reform Act of 1995. These statements relate to, among other things, TiVo's future business and growth strategies including TiVo's mass distribution strategy and retail bundling efforts, profitability and financial guidance, distribution of the TiVo service domestically with Comcast, DIRECTV, and Cox and internationally, growth and innovation in TiVo's advertising and audience research measurement business, the timing and availability of broadband content, TiVo's software development for the cable industry including with respect to switch digital technology, the results of TiVo's litigation with EchoStar, how TiVo intends to exploit its intellectual property, TiVo's future marketing spend and related activities, and financial performance. Forward-looking statements generally can be identified by the use of forward-looking terminology such as, "believe," "expect," "may," "will," "intend," "estimate," "continue," or similar expressions or the negative of those terms or expressions. Such statements involve risks and uncertainties, which could cause actual results to vary materially from those expressed in or indicated by the forward-looking statements. Factors that may cause actual results to differ materially include delays in development, competitive service offerings and lack of market acceptance, as well as the other potential factors described under "Risk Factors" in the Company's public reports filed with the Securities and Exchange Commission, including the Company's Annual Report on Form 10-K for the fiscal year ended January 31, 2008, our Quarterly Reports on Form 10-Q for the fiscal periods ended April 30, 2008 and July 31, 2008, and our Current Reports on Form 8-K. The Company cautions you not to place undue reliance on forward-looking statements, which reflect an analysis only and speak only as of the date hereof. TiVo disclaims any obligation to update these forward-looking statements.

SOURCE TiVo Inc.
 
From Dow Jones Newswire: Article - WSJ.com

DOW JONES NEWSWIRES
A federal court in Texas ruled for TiVo Inc. (TIVO) in a lawsuit against EchoStar Communications Corp., now part of Dish Network Corp. (DISH), and TiVo shares shot up 39% to $9.73 in after-hours trading.

The digital-recording-technology company said the court rejected EchoStar's attempted workaround claim regarding its patent, found EchoStar to be in contempt of court and ordered the permanent injunction fully enforced.
...
 
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