TIVO vs E*

[Ronnie-]

Ok Vampz. That is your point of view.

Scott said to not argue about it, so I wont.

Enjoy your profit:up

 

[vampz26]

Ok Vampz. That is your point of view.

Scott said to not argue about it, so I wont.

Enjoy your profit:up

I plan too...I hope some other folks got lucky on that case as well...:up

 

[Ronnie-]

I plan too...I hope some other folks got lucky on that case as well...:up

I do too! There are some good opportunities with the market right now if you know where to look. This was one

 

[tfoss]

What will happen to my "612" dvr?

 

[vampz26]

What will happen to my "612" dvr?

Tivo will come into your home and threaten your family and shatter it into 10 million pieces while your loved ones watch in horror...

At least thats what Tivo would like to do...

...in reality...probably nothing.

 

[trucker2435]

what is the 190k mean does it mean there are 190 k units not going to get shut down if so could my 625 be saved???????

 

[TNGTony]

Does anyone really know what will happen to those of us with "offending" DVRs? This is a serious issue. I know Charlie has glossed over this time after time, but really this is pretty much it isn't it?

I have a 501 and a 622 which I purchased (no lease). Are they going to be paper weights? The court order doesn't leave a whole lot of wiggle room!

See ya
Tony

 

[LER]

what is the 190k mean does it mean there are 190 k units not going to get shut down if so could my 625 be saved???????

All But the 190K.

 

[TNGTony]

I am thinking of a question that Charlie asked last year at the Team Summit when several Satellite guys asked him why he just didn't buy TiVo and remove the cloud.

The answer that I could not come up with in the heat of the moment is: Ownership of the patents and no possibility that millions of customers would be disenfranchised.

See ya
Tony

 

[icehole]

E* Cant buy Tivo... Tivo is Controlled By Liberty Media, who now also Controlls D.. Hence as soon as Liberty Took over D* it was announced D* would be bringing tivo back..

 

[CuriousMark]

E* Cant buy Tivo... Tivo is Controlled By Liberty Media, who now also Controlls D.. Hence as soon as Liberty Took over D* it was announced D* would be bringing tivo back..

Liberty does not control TiVo. They are equity investors, but so are Comcast and Time Warner and several other big names. None have a controlling interest. However, I do agree that TiVo and Liberty have mutual interests and are likely to work together where it makes sense for both sides.

It was well over a year after Liberty got D* that the deal to allow TiVo to make a new DVR software for them was announced. Many of us had hoped that would happen quickly, but it didn't and we are still waiting, at least until 2010 now.

Get some thicker tin foil, your current hat isn't keeping out all the satellite rays.

 

[CuriousMark]

Does anyone really know what will happen to those of us with "offending" DVRs? This is a serious issue. I know Charlie has glossed over this time after time, but really this is pretty much it isn't it?

I have a 501 and a 622 which I purchased (no lease). Are they going to be paper weights? The court order doesn't leave a whole lot of wiggle room!

It is up to Charlie. If he settles with TiVo before the deadline, nothing will happen. If he succeeds in buying TiVo and settling with himself, nothing will happen. If he appeals and gets a stay, nothing will happen, at least right away. If he appeals and does not get a stay, your DVRs may suddenly turn into standard receivers in the next 30 days. That isn't a paper weight, but it isn't what you want it for either.

There will be many handicapping different odds for what might occur. As far as that goes, your guess is probably just as good as mine. Heck, there are probably other scenarios I haven't thought up yet that also need to be included in the betting pool.

 

[Claude Greiner]

In plain english it means nothing to you now. The most likely outcome of all of this is no impact ever to any Dish customers in any way. It simply means E* will probably pay a chunk of money to Tivo, either to buy a license or buy the company. E* has the money to do either one, and the bottom line is they will never allow allow this to impact their customers, since that would cost them more.

That is just my opinion.

I don't know about Echostar actually paying the money, Charlie Ergen is a very smart man and im sure he still has some tricks up his sleeve!

But your absolutly right, not a single DVR will be shut off!

 

[dishcomm]

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF TEXAS
MARSHALL DIVISION
TIVO INC.,
Plaintiff,
vs.
DISH NETWORK CORPORATION,
et al.,
Defendants.
§
§
CIVIL ACTION NO. 2:04-CV-01 (DF)
AMENDED FINAL JUDGMENT AND PERMANENT INJUNCTION
Pursuant to Rule 58 of the Federal Rules of Civil Procedure, and in accordance with the jury verdict delivered on April 13, 2006 and the Federal Circuit mandate issued April 18, 2008, and with the Court’s contemporaneously filed opinions and orders, the Court hereby enters judgment for Plaintiff against Defendants for willful infringement of U.S. Patent No. 6,233,389 (“the ’389 Patent”) claims 31 and 61 (“the Infringed Claims”) by Defendants’ following DVR receivers (collectively the “Infringing Products”): DP-501, DP-508, DP-510, DP-522, DP-625, DP-721, DP-921, and DP-942. The jury in this case found EchoStar’s infringement to be willful, but the Court, finding that Echostar did not act in bad faith and that this is not an “exceptional case,” has determined that there should be no enhancement of damages and no award of attorneys fees pursuant
to 35 U.S.C. Sections 284 and 285. The Court also enters judgment for Plaintiff on Defendants’ counterclaims for declaratory judgment of non-infringement, invalidity, and unenforceability.

IT IS THEREFORE ORDERED THAT Plaintiff shall have and recover from Defendants,
jointly and severally, the total sum of $73,991,964.00, together with prejudgment interest at the rateof prime, said prejudgment interest in the total sum of $5,367,544.00, together with supplemental damages in the amount of $10,317,108.00, together with post-judgment interest on the entire sum calculated pursuant to 28 U.S.C. § 1961. In addition, Plaintiff shall have and recover from
Defendants, jointly and severally, the sum of $103,068,836 in damages accrued during the stay of this Court’s injunction, together with post-judgment interest on that sum calculated pursuant to 28 U.S.C. § 1961. The amounts awarded in this judgment shall bear interest from the date of judgment at the lawful federal rate.

It is FURTHER ORDERED that each Defendant, its officers, agents, servants, employees,
and attorneys, and those persons in active concert or participation with them who receive actual notice hereof, are hereby restrained and enjoined, pursuant to 35 U.S.C. § 283 and Fed. R. Civ. P.
65(d), from making, using, offering to sell, selling, or importing in the Untied States, the Infringing Products, either alone or in combination with any other product and all other products that are only colorably different therefrom in the context of the Infringed Claims, whether individually or in combination with other products or as a part of another product, and from otherwise infringing or inducing others to infringe the Infringed Claims of the ‘389 Patent.

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.

Defendants shall forthwith provide written notice of this judgment, and the injunction
ordered herein, to their officers, directors, agents, servants, representatives, attorneys, employees,subsidiaries and affiliates, and those persons in active concert or participation with them, including any and all manufacturers, distributors, retailers, and service providers who have been involved in the making, using, selling, offering for sale or importing of any Infringing Products, and to all other persons or entities involved in any way with the making, using, selling, offering for sale or importing of any Infringing Products. Defendants shall take whatever means are necessary or appropriate to
ensure that this order is properly complied with. This injunction shall run until the expiration of the ’389 Patent.

It is FURTHER ORDERED that Defendants shall inform this Court of any further attempt
to design around the ’389 Patent and shall seek approval from this Court before any such design- around is implemented.

This Court retains jurisdiction over Defendants to enforce any and all aspects of this
Judgment and Permanent Injunction, including the award of monetary sanctions for EchoStar’s contempt of this Court’s injunction.

The Court further retains jurisdiction to award Plaintiff amounts for supplemental damages, interest, costs, attorneys fees and such other or further relief as may be just and proper. All relief not specifically granted herein is denied. All pending motions not previously ruled on are denied. This is a Final Judgment and is appealable.

SIGNED this second day of June, 2009

This is not good news for those of us who are earning a living installing and servicing Dish Network products.
In Dish's responmse it is noted that the compnay plans to appeal this ruling.
One thing I do not understand., Tivo has been paid damages and is being further compensated. Why did their attroney's also have to extract their piound of flesh?
It was speculated on this several months ago that Tivo was attempting to for Dish into buying Tivo..
Any thoughts on this?

 

[Bob Haller]

if they disable my DVRs, which were all purchased count me as a instant lost subscriber.......

E was losing far too many subs as is, can you imagine what this could do?

Or he could upgrade everyone to DVRs without the tivo connection.

who wants a legacy dishplayer

 

[Rey]

BOB the newer dvr's shouldn't be affected by this so don't worry about it. imo dish needs to settle this already and move on.

 

[Tyralak]

Interesting...

In simple terms, Dish cannot let their DVR's be shut off. They either need to settle with Tivo or buy Tivo...the former is more likely to happen than the latter...

Dish needs to stop dancing. If I were Charlie, I would acquire tivo, take their assets and shut them down. It's time to swat this fly.

 

[philhu]

This is fantastic news.

I've been on Tivo's side since day one and knew they were right

Dish is a bloated white elephant who thinks they own the world.

About time they were swatted.

Tivo will NEVER sell to dish. Tivo's main income now is closed TivoCasts for hospitals and medical facilities and government, NOT consumer products. I bet you all didn't know that.

 

[darrencp22]

This is fantastic news.

I've been on Tivo's side since day one and knew they were right

Dish is a bloated white elephant who thinks they own the world.

About time they were swatted.

Tivo will NEVER sell to dish. Tivo's main income now is closed TivoCasts for hospitals and medical facilities and government, NOT consumer products. I bet you all didn't know that.

Exactly.. The previous poster annoyed me with the "swat this fly remark". Dish STOLE someone's patent. They're their vampire... sorry for Dish that TIVO is being a hastle by protecting their intelectual property.

 

[Scott Greczkowski]

By the Judges tone in the ranscipt I read from the last hearing, I knew it was not going to be good for Dish / Echostar.

They need to end this NOW.

Here are my thoughts on this...
It Wasn't a Surprise to Me | The Satellite Dish | Blog on Multichannel News