Ahh, but DISH/SATS even admits that the new software downloaded to the 622/722 was to avoid the injunction (and therefore infringement). So until TiVo makes the move to get some kind of judgment on the 622/722, it is moot.
And realize that TiVo doesn't want a licensing agreement with DISH/SATS on the eight named models of DVR. They also want royalties on the ViP series. So I can understand why DISH/SATS doesn't want to settle: it will cost them a TON of money than it would going through the courts, until damages for contempt are established.
It is better financially to be reporting $100 millions' in one-time payments to TiVo than to be encumbered by that expense every quarter. It makes the stock look better.
And TiVo can name any price for their licensing fee. What's DISH/SATS going to do, take TiVo to court over unfair proposed royalties?
Do you always use red herrings to avoid losing an argument? Who mentioned finances?
And besides, whatever dish does to placate their subs amidst all this nonsense isn't much to go on either. So...keep trying, I guess...