Updated: Court blocks Permanent Injuction ordering DISH DVRs disabled
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It is quite possible his three posts are qualitively better than your 220.jimboeau said:You must be right.... You have 3 posts
It isn't how many times you've been here, but what you bring to the table.
TiVo Statement on Stay of EchoStar's Patent Lawsuit Pending Reexamination
ALVISO, Calif., Aug. 28 /PRNewswire-FirstCall/ -- TiVo Inc. (Nasdaq:
TIVO), the creator of and the leader in television services for digital
video recorders (DVR), today offered the following statement on the court
stay of EchoStar Technology Corporation's lawsuit against TiVo and Humax
USA. On July 14, 2006, United States Magistrate Judge Caroline M. Craven
for the United States District Court, Eastern District of Texas, issued a
stay order, which is now final.
"We are pleased with the Court's order to stay EchoStar Technology
Corporation's patent infringement litigation pending the outcome of
the USPTO reexamination proceedings of certain EchoStar patents.
The reexamination requests TiVo submitted to the USPTO detail how a
large number of prior art references that the USPTO did not
previously consider raise substantial new questions regarding the
validity of the claims EchoStar asserted and why those claims are
invalid. TiVo will continue to defend its technology vigorously and
will not be intimidated by claims such as those EchoStar asserted
against TiVo -- claims EchoStar asserted in response to TiVo's
successful suit against EchoStar. As the jury found on April 13,
2006 in TiVo's suit against EchoStar, EchoStar willfully infringed
TiVo's pioneering time warping patent. TiVo will continue to
vigorously pursue its rights in that case."
The order grants a stay in the proceedings in EchoStar Technology
Corporation's lawsuit against TiVo and Humax USA, Inc. regarding the
alleged infringement of U.S. Patent Nos. 5,774,186 ("Interruption Tolerant
Video Program Viewing"), 6,208,804 B1 ("Multimedia Direct Access Storage
Device and Formatting Method"), and 6,529,685 B2 ("Multimedia Direct Access
Storage Device and Formatting Method") pending the United States Patent and
Trademark Office (USPTO) completion of proceedings with respect to TiVo's
request for reexamination of those patents.
About TiVo
Founded in 1997, TiVo pioneered a brand new category of products with
the development of the first commercially available digital video recorder
(DVR). Sold through leading consumer electronic retailers, TiVo has
developed a brand which resonates boldly with consumers as providing a
superior television experience. Through agreements with leading satellite
and cable providers, TiVo also integrates its full set of DVR service
features into the set-top boxes of mass distributors. TiVo's DVR
functionality and ease of use, with such features as Season Pass(TM)
recordings and WishList(R) searches, has elevated its popularity among
consumers and has created a whole new way for viewers to watch television.
With a continued investment in its patented technologies, TiVo is
revolutionizing the way consumers watch and access home entertainment.
Rapidly becoming the focal point of the digital living room, TiVo's DVR is
at the center of experiencing new forms of content on the TV, such as
broadband delivered video, music and photos. With innovative features such
as, TiVoToGo(TM) and online scheduling, TiVo is expanding the notion of
consumers experiencing "TiVo, TV your way." The TiVo(R) service is also at
the forefront of providing innovative marketing solutions for the
television industry, including a unique platform for advertisers and
audience measurement research. The company is based in Alviso, Calif.
This release contains certain forward-looking statements within the
meaning of the Private Securities Litigation Reform Act of 1995. These
statements relate to, among other things, TiVo's business, services,
financial statements, future product strategy, and the impact of the
EchoStar litigation. 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, 2006, as updated by subsequent Quarterly
Reports on Form 10-Q for the fiscal quarter ended April 30, 2006 and
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.
ALVISO, Calif., Aug. 28 /PRNewswire-FirstCall/ -- TiVo Inc. (Nasdaq:
TIVO), the creator of and the leader in television services for digital
video recorders (DVR), today offered the following statement on the court
stay of EchoStar Technology Corporation's lawsuit against TiVo and Humax
USA. On July 14, 2006, United States Magistrate Judge Caroline M. Craven
for the United States District Court, Eastern District of Texas, issued a
stay order, which is now final.
"We are pleased with the Court's order to stay EchoStar Technology
Corporation's patent infringement litigation pending the outcome of
the USPTO reexamination proceedings of certain EchoStar patents.
The reexamination requests TiVo submitted to the USPTO detail how a
large number of prior art references that the USPTO did not
previously consider raise substantial new questions regarding the
validity of the claims EchoStar asserted and why those claims are
invalid. TiVo will continue to defend its technology vigorously and
will not be intimidated by claims such as those EchoStar asserted
against TiVo -- claims EchoStar asserted in response to TiVo's
successful suit against EchoStar. As the jury found on April 13,
2006 in TiVo's suit against EchoStar, EchoStar willfully infringed
TiVo's pioneering time warping patent. TiVo will continue to
vigorously pursue its rights in that case."
The order grants a stay in the proceedings in EchoStar Technology
Corporation's lawsuit against TiVo and Humax USA, Inc. regarding the
alleged infringement of U.S. Patent Nos. 5,774,186 ("Interruption Tolerant
Video Program Viewing"), 6,208,804 B1 ("Multimedia Direct Access Storage
Device and Formatting Method"), and 6,529,685 B2 ("Multimedia Direct Access
Storage Device and Formatting Method") pending the United States Patent and
Trademark Office (USPTO) completion of proceedings with respect to TiVo's
request for reexamination of those patents.
About TiVo
Founded in 1997, TiVo pioneered a brand new category of products with
the development of the first commercially available digital video recorder
(DVR). Sold through leading consumer electronic retailers, TiVo has
developed a brand which resonates boldly with consumers as providing a
superior television experience. Through agreements with leading satellite
and cable providers, TiVo also integrates its full set of DVR service
features into the set-top boxes of mass distributors. TiVo's DVR
functionality and ease of use, with such features as Season Pass(TM)
recordings and WishList(R) searches, has elevated its popularity among
consumers and has created a whole new way for viewers to watch television.
With a continued investment in its patented technologies, TiVo is
revolutionizing the way consumers watch and access home entertainment.
Rapidly becoming the focal point of the digital living room, TiVo's DVR is
at the center of experiencing new forms of content on the TV, such as
broadband delivered video, music and photos. With innovative features such
as, TiVoToGo(TM) and online scheduling, TiVo is expanding the notion of
consumers experiencing "TiVo, TV your way." The TiVo(R) service is also at
the forefront of providing innovative marketing solutions for the
television industry, including a unique platform for advertisers and
audience measurement research. The company is based in Alviso, Calif.
This release contains certain forward-looking statements within the
meaning of the Private Securities Litigation Reform Act of 1995. These
statements relate to, among other things, TiVo's business, services,
financial statements, future product strategy, and the impact of the
EchoStar litigation. 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, 2006, as updated by subsequent Quarterly
Reports on Form 10-Q for the fiscal quarter ended April 30, 2006 and
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.
I am truly hoping that this is the catalyst to DISH offering real TIVO service within its own DVRs. If this were to happen, DirecTV would have no choice, but to follow once they saw their own churn numbers to Comcast, Cox and DISH Network. Please Charlie, if you are reading this thread, let's force Rupert's hand on this one.
In my opinion this battle is FAR from over and NO ONE here can say with any authority how it will turn out. Everyone thinks they are an expert, but the only thing we can all really do is sit on the sidelines and watch this play out. Echostar is undoubtedly pursuing multiple avenues at the same time, so that they have as many options as possible. Certainly their preference is that somehow they can continue to offer the 622 and the other machines in their current incarnations, without paying any kind of license fee. This would only work if their countersuit or the appeal works out. Probably not too likely, but who really knows. Another option is to give in and pay Tivo a license fee. But as it stands now they are in a terrible negotiating position, so of course they want to play out all the other options as far as they will go to try to improve their position. Filing appeals and dragging this out in court is one way to do that. Perhaps by the time they HAVE to negotiate, Tivo will be in so much financial trouble that they'll have to bargain. The final avenue we know of is the "software revision" that their engineers are working on. In my personal opinion, I don't put much stock in this approach. I doubt the hardware of the existing DVRs provides enough flexibility to function right without violating the Tivo patent. And I don't think that Dish is serious about doing this. I'm sure they are working on something, but consider it an absolute last resort because it will largely cripple the machines. But saying that they are working on this will help appease the judge, the stockholders, and the customers, at least a little. And it's also something they can tell Tivo to improve their negotiating position... i.e. they can still operate without a Tivo license if Tivo doesn't want to cut a reasonable deal.
The bottom line is that this is still a very tangled web and none of us are informed enough to have any idea how it will end up. I, however, believe it will be some time (perhaps another year or more) before it's resolved so I'll just keep one eye on the news while I enjoy my 622.
The bottom line is that this is still a very tangled web and none of us are informed enough to have any idea how it will end up. I, however, believe it will be some time (perhaps another year or more) before it's resolved so I'll just keep one eye on the news while I enjoy my 622.
sonnyboy11 said:Thems bettin words. What do ya got? 'Cause I'll take the bet. Then we'll see who is kidding who, Mr. big barrel.
Hate to say I told you so. But read on.........
http://biz.yahoo.com/ap/060828/tivo_echostar.html?.v=2
Judge Stops EchoStar Suit Against TiVo
Monday August 28, 2:02 pm ET
By David Koenig, AP Business Writer
Judge Stops EchoStar Countersuit Against TiVo As Government Reviews Patent Claims
DALLAS (AP) -- A federal judge has handed the owner of the Dish satellite-TV network another setback in its feud with TiVo Inc., delaying a countersuit against the pioneer in digital video recording technology.
U.S. Magistrate Judge Caroline M. Craven of Texarkana blocked EchoStar Communications Corp.'s patent-infringement lawsuit against TiVo and Humax USA Inc. while the U.S. Patent and Trademark Office reviews patents claimed by EchoStar.
Craven, who issued the stay last month, made it final when EchoStar declined to appeal, TiVo spokesman Elliot Sloane said Monday.
TiVo's revolutionary digital video recorder, or DVR, technology records TV programs without the hassles of videotape, letting users pause live TV, view instant replays and begin watching programs even before the recording has finished.
TiVo sued EchoStar in 2004, and in April a jury in Marshall found that EchoStar had infringed on a TiVo patent in making its own set-top box with DVR capabilities.
This month, the judge who presided over that trial ordered EchoStar to pay $89.6 million in damages -- more than the jury had awarded.
The trial judge, David Folsom, also ordered EchoStar to disable more than 3 million of its DVRs that jurors found used elements of TiVo technology, but a federal appeals court this month delayed Folsom's order while the case is appealed.
EchoStar filed its own lawsuit against TiVo in 2005. TiVo issued a statement Monday saying it was pleased with Craven's decision to delay the countersuit while the government reviews EchoStar's patents. TiVo charges that patent officials failed to review older technology that would make EchoStar's patent claims invalid.
The countersuit had been scheduled for trial early next year.
EchoStar spokeswoman Kathie Gonzalez said Monday the company is "anxious to get to trial because we believe Tivo's DVRs infringe on our technology," but acknowledged it will be a long process. In a regulatory filing, the company said the Patent Office review "could take many years."
TiVo, based in Alviso, Calif., hopes that court victories against EchoStar will give it power to negotiate royalty and license deals with other cable and satellite-TV providers whose customers use DVRs other than TiVo's. Dish is the nation's No. 2 satellite-TV network behind DirecTV.
TiVo shares fell 3 cents, to $7.82, in afternoon trading Monday on the Nasdaq Stock Market, while shares of Englewood, Colo.-based EchoStar increased 57 cents, or 1.8 percent, to $32.27.
Dish would be better off paying Tivo part or most of the DVR fees than to allow the DVR functionality to get shut off. The thing is, Dish uses some of that DVR fee money to give new and existing customers promotions to get the DVR cheaper or for free. They would not be as willing to do this if they had to pay a lot of that DVR fee to Tivo but if it is only $1 per month then that is just a little bit of money that Dish will have to sacrifice and would still be getting $5 of that $6.
Better for who??....certainly not the end user who is going to foot the bill for this mess. I hope Tivo loses this battle and I'm glad Dish is fighting this. I had Tivo's box when I was with DirecTv and in my opinion Dish is the superior machine. And their interface couldn't be more different. The morons in Texas screwed us! :shocked
So, can some please sum up what this now means to us DVR'ers in something a little more than just speculative terms?
Everything right now is speculation.
It means nothing until the judge in the appeal does something with the injunction.
It means nothing until the judge in the appeal does something with the injunction.
If Tivo would make Dish pay the same thing that Directv had been paying per user for the service then Dish would be wanting to make more off of the DVR functionality than what Directv does. They already charge more since its a per DVR fee than per account fee.
Ok let me ask the dumb question being that tivo isnt even worth 89 million is there a reason we cant just buy them ?. And im a dns employee and every one in my office is asking the same question
This is so stupid! Tivo could do this to everyone Cox,Direct TV,Comcast whoever but it seems like they have something against Dish! Either way I hope the courts see this due to really if they do it to Dish they could do this to everyone else including Direct TV,Comast anyone that offers DVR's.. Way I see it if they let this happen to Dish then they should make everyone else Direct TV so forth do the same. You do it to one you must do it to them all due to DVR is DVR is same dam thing no matter who you get your service with..
