Updated: Court blocks Permanent Injuction ordering DISH DVRs disabled

[riffjim4069]

Looks like we are in a middle of another war.

Not a war...just Charlie being too cheap to pay Tivo for licensing. Actually, the legal bills will probably add up to just as much as paying Tivo, but I'm on E* side on this one...the Tivo patent is too generic IMO. Apparently D* and Comcast decided it wasn't worth the fight and/or perhaps they would rather pay for licensing the software.

 

[Kaydigi]

I wonder if an E*settlement would involve a Cable Card for the Series 3 Tivo.

 

[foghorn2]

Not a war...just Charlie being too cheap to pay Tivo for licensing. Actually, the legal bills will probably add up to just as much as paying Tivo, but I'm on E* side on this one...the Tivo patent is too generic IMO. Apparently D* and Comcast decided it wasn't worth the fight and/or perhaps they would rather pay for licensing the software.

Not cheap, plays hardball and stands up for principal. Keeps our bills lower too.

Thats why his company is sucessful.

 

[hobojoe]

EchoStar Announces Federal Circuit Blocks Tivo Injunction
ENGLEWOOD, Colo.--(BUSINESS WIRE)--Aug. 18, 2006--EchoStar Communications Corporation (NASDAQ: DISH) issued the following statement regarding recent developments in the Tivo Inc. v. EchoStar Communications Corp. lawsuit:

"We are pleased that this morning, the Federal Circuit Court of Appeals in Washington, D.C. temporarily blocked an injunction issued by a Texas Court, while it considers a longer-term stay of that injunction.

As a result of the stay EchoStar can continue to sell, and provide to consumers, all of its digital video recorder models. We continue to believe the Texas decision was wrong, and should be reversed on appeal. We also continue to work on modifications to our new DVRs, and to our DVRs in the field, intended to avoid future alleged infringement."

About EchoStar

EchoStar Communications Corporation (NASDAQ: DISH) serves more than 12.46 million satellite TV customers through its DISH Network(TM), the fastest growing U.S. provider of advanced digital television services in the last five years. DISH Network offers hundreds of video and audio channels, Interactive TV, HDTV, sports and international programming, together with professional installation and 24-hour customer service.


CONTACT: EchoStar Communications Corporation
Kathie Gonzalez, 720-514-5351
press@echostar.com
SOURCE: EchoStar Communications Corporation

 

[dstrouth]

That doesn't prove or disprove that Dish didn't copy code. Besides, I don't think that's the issue. Two people can write code to perform the exact same function, yet their code can look vastly different. TiVo has patented the concept of some function, not the exact function nor how to perform that function.

Can I patent the concept of how to drive down an interstate and then sue everyone that I see driving on the interstate for patent infringement?

Sounds similar to me.

 

[foghorn2]

Theyd be no Pepsi today if these runaway judges and patent offices existed way back when.

Talk about activist judges!

 

[stone phillips420]

Not cheap, plays hardball and stands up for principal. Keeps our bills lower too.

Thats why his company is sucessful.

charlie may stand up, but he definitely bend his customers over!
lower bills every month it seems they raise rates, if they don't they invent a new monthly fee
ie hd programming fee
Chuck i hope tivo slaps you like the b*tch you are!

 

[Hall]

Can I patent the concept of how to drive down an interstate and then sue everyone that I see driving on the interstate for patent infringement?

Sounds similar to me.

Apparently you've missed the complaints about the patent system that people have been making for YEARS now....

 

[emtownsend]

Total off-the-cuff remark from me, but, judges have too much power these days.
Not to mention the Judge Shopping these attorneys do until they find one to rule for them... Seems like asking mom and she says no, so let's ask dad and see what he says... Seems wrong.

 

[shanewalker]

Interesting.

TiVo, for lack of a better term, invented the ability to play, pause, rewind and fast-forward a recorded show while another show is recording, with a method that doesn't require two or more processors (which would make the DVR cost-prohibitive).

Why should Dish Network be allowed to rip that off?

I'm not blindly discounting what you're asserting, but I would like to see proof of your statement...

I'm understanding that they hold several patents, but other companies like ReplayTV and the various other DVR manufacturers (for cable and satellite, et al) have developed similar but discreetly different tools/methodologies that don't rely on Tivo technology.

For example, this opening excerpt from the official ReplayTV 'about' statement:

"About ReplayTV
ReplayTV ® is the inventor and creator of DVR technology..."

I know we all attach Tivo to the concept of the DVR/PVR as if they invented it all from thin air--but is this, in fact, true? I have my doubts...but I'm open to facts put before me.

And by the way, I'm for protection of intellectual property and patents. I just don't like to see companies (or people for that matter) look to the courts as a revenue stream, which is what this feels like. I'm saying, "Don't hide behind lawyers--get out there w/ innovative products and let the marketplace decide."

 

[Scott Greczkowski]

I guess it dont matter anymore, nothing will be happening to anyones DVR's in the next 30 days.

From here it may be YEARS before we hear anything again about this.

 

[Wrecker06]

Doesn't suprise me. It doesn't seem like Dish likes to play fair very often. I am a dish customer again, but about 4 years ago I ended up going to DirecTv because Dish had a nasty habit of just shutting channels off (CBS, NBC and a few others) in the Bay Area because they stations wouldn't bow to Dish's request to reduce their subscriber fee's. NBC was off for almost a year in the Bay Area. CBS was only off for a week, but still, Dish seems to be the big Nelly Oleson of the industry.

 

[normang]

Doesn't suprise me. It doesn't seem like Dish likes to play fair very often. I am a dish customer again, but about 4 years ago I ended up going to DirecTv because Dish had a nasty habit of just shutting channels off (CBS, NBC and a few others) in the Bay Area because they stations wouldn't bow to Dish's request to reduce their subscriber fee's. NBC was off for almost a year in the Bay Area. CBS was only off for a week, but still, Dish seems to be the big Nelly Oleson of the industry.

I think you have it backwards as to who is playing fair. Dish takes action against what it feels are excessive costs that they would have to pass on to you, trying to minimize those costs. If they cannot come to agreement, the channel goes away for a while. As I see it, its NOT Dish's fault if they are trying to save me money by towing a line against broadcasters that want to much for their channel.

 

[PATONENOW]

Injunctions are just that and only temporary. They can be used over and over but eventually the result comes out. What I would wonder is if D* buys up TIVO. Their lawyers knew that the legal things that matter would rule in TIVO'S favor and thats why they made a new 3 year agreement. NOW if they bought TIVO they would not only be in the drivers seat but also reap the damages from DISH. Just my opinion but don't be surprised if it happens!
PATRICK

 

[stone phillips420]

I think you have it backwards as to who is playing fair. Dish takes action against what it feels are excessive costs that they would have to pass on to you, trying to minimize those costs. If they cannot come to agreement, the channel goes away for a while. As I see it, its NOT Dish's fault if they are trying to save me money by towing a line against broadcasters that want to much for their channel.

no he's right dish doesn't play fair or nice, dish does what they want when they want and us customers will pay for dishes shortcomings

 

[Greg Bimson]

I'm not blindly discounting what you're asserting, but I would like to see proof of your statement...

Sure. The court case delivered my assertion. Dish Network was found guilty of infringing on TiVo's patents, and the PTO also upheld the specific patent.

For proof, all you'd need to do is read the TiVo v. Echostar decision.

 

[normang]

no he's right dish doesn't play fair or nice, dish does what they want when they want and us customers will pay for dishes shortcomings

Yes, that seems to be a prevailing mentality for some, however until one can walk into Echostar and tell me first hand that its true, then I will tend to think that they are trying to save me a dime by towing a line on eccessive channel costs.

 

[Peter Parker]

Can someone pls. explain what these 192,708 units that won't be affected are?

"Defendants are hereby FURTHER ORDERED to, within thirty (30) days of the issuance of this order, disable the DVR functionality in all but 192,708 units of the Infringing Products that have been placed with an end user or subscriber."

The infringing products don't include the 622s so those are NOT the units that wont' be affected.

Also in the ruling it says:

"The DVR functionality, i.e., disable all storage to an playback from a hard disk drive of television data shall not be enabled in any new placements of the Infringing Products."

So does this mean it will only apply to "new placements"?

The speculation has been that the 7x00s did not considered to infringe on any patents. But if what you say about the 622 is correct those may be what is efereed to. In any event the injunction has been stayed.

 

[8bitbytes]

Interesting.

TiVo, for lack of a better term, invented the ability to play, pause, rewind and fast-forward a recorded show while another show is recording, with a method that doesn't require two or more processors (which would make the DVR cost-prohibitive).

Why would more than one processor make a device prohibitively expensive? Maybe 20 years ago but today we have multiple processors on the same chip.

 

[cdru]

Can I patent the concept of how to drive down an interstate and then sue everyone that I see driving on the interstate for patent infringement?

Yup. You sure can. And depending on what type of techbabble you put in the application, a patent examiner may even approve it and you get your nice shiney certificate.

However, just becaue you have your patent doesn't mean that you get to keep it forever, nor does it cover all transportations down the interstate. I can come along an challenge your patent saying that it's generic and obvious. If that is the case the courts can say the patent is void or the patent office can rereview the claim and revoke the patent as well.