This is kind of interesting....

http://arstechnica.com/news.ars/post/20060413-6599.html

It sure reads like another RIM style legal hassle with a broad pattent that may not stand up in the end. Great money-maker for the lawyers though...

with a broad pattent that may not stand up in the end
Doesn't read that way to me. Granted, I have not had a look at the patent yet so it may be, but automatically assuming that the patent should be invalid is a dangerous step.

Sounds like a classic case of a small company (TiVo) using a patent for its invention to protect itself from a larger company (Dishnet) ripping it off. Not sure that trial by jury is best way to go for patents though... (another argument altogether)

TiVo Wins Jury Decision in Lawsuit Against DISH
Late Thursday, the jury handling the patent infringement case TiVo filed against EchoStar handed the DVR pioneer a victory.

Specifically, the jury found that TiVo's time warping patent is valid and that EchoStar was infringing on TiVo's intellectual property. The trial took place in U.S. District Court, Eastern District in Texas.

In a statement, TiVo said it's "particularly gratified that the jury found that EchoStar willfully infringed on our patent and the consequences their actions had on our overall business. This decision recognizes that our intellectual property is valuable and will ensure that moving forward EchoStar and any others that want to use our patented technology will be required to provide us with compensation."

TiVo said it intends to seek a permanent injunction against EchoStar's DVR products.

In a separate statement, EchoStar said, "This is the first step in a very long process and we are confident we will ultimately prevail. Among other things, we believe the patent - as interpreted in this case - is overly broad given he technology in existence when TiVo filed its patent."

EchoStar said it believes the decision ultimately will be reversed either through post-trial motions or on appeal. "Additionally, the Patent Office is in the process of re-examining TiVo's patent, having determined there is a substantial question concerning the validity of the patent," EchoStar said.

EchoStar added that it looks forward to a trial of its DVR patent case against TiVo in February 2007.

The satellite TV company also stressed that DISH Network subscribers can continue to use their receivers in their homes, including DVRs. Furthermore, TiVo dropped their claim that EchoStar's DISHplayer 7200 DVR infringes their patent, the company said.


From SkyReports

Anna Nicole Smith wins her case too. :p

TiVo, which last month won a $74 million jury verdict against EchoStar for violating patents integral to its digital video recorders, now wants a judge to shut down EchoStar's DVR business altogether. (http://www.rockymountainnews.com/drmn/tech/article/0,2777,DRMN_23910_4721859,00.html)

Wonder what Bell is doing in all this?

Wonder what Bell is doing in all this?

If it'a a US patent (most likely) Bell ( and *C) are not affected, because they do not sell any DVRs in US, and their service is available in Canada only.

If this goes through then from what I understand Echostar won't be producing PVR's which means Bell would be shut off.

I think this is more likely to be a RIM situation where Echostar will keep producing and be forced to pay TIVO a whack of dough and then pay them a licensing fee of some type for every unit.

Either way, I would imagine that Bell must be considering the alternatives!

I think this is more likely to be a RIM situation where Echostar will keep producing and be forced to pay TIVO a whack of dough and then pay them a licensing fee of some type for every unit.

That's exactly what will happen - this is the new type of legal racket, and since the payouts are huge - remember that RIM agreed to settle not because they were violating a US patent, but because of bureaucratic delays, and the danger of losng lots of business in the meantime. Chances are that after this racketeering triumph, the same lawyers have approached TIVO. Maybe they will succeed and Dish will have to pay to silence them (regardless of whther they are right or wrong), or risk bigger losses while this is dragging on. I don't think Bell will be affected in any way, though - there's no chance in hell that Dish will shut down the DVR business.

Don't be surprised if Dish buys TIVO.

Don't be surprised if Dish buys TIVO.
That will probably only happen if Dish agrees not to enforce the PVR patents against other companies. Not a bad idea though. Then Dish and EV may get TiVo PVRs which will be a definite improvement.

Another option would be for Dish (and EV) to agree to use TiVo PVRs. Since DirecTV already uses TiVo, they could be used quite easily. I can't see Charley doing this unless forced to by the courts. The monthly TiVo fees are a big stumbling block to providers.

Tivo recently won a permanent injunction against Dishnet that Dishnet PVR receivers employ unauthorized patented technology from Tivo. Tivo was awarded US$90 million in damages and an injunction that requires all infringing Dishnet technology be disabled within 30 days. Will this have any affect on ExpressVu customers given the close relationship, technologically speaking, between the two companies?

I expect that Dishnet will appeal, but barring an emergency stay, 30 days from now all Dishnet PVRs must be disabled and rendered non-functional.

Link to the news:
http://www.zatznotfunny.com/2006-08/tivo-wins-permanent-injunction-against-echostar-and-cash/

ENGLEWOOD, Colo., Aug 18, 2006 (BUSINESS WIRE) -- EchoStar Communications Corporation (Nasdaq:DISH) issued the following statement regarding recent developments in the Tivo Inc. v. EchoStar Communications Corp. lawsuit: (http://phx.corporate-ir.net/phoenix.zhtml?c=68854&p=irol-newsArticle&ID=897075&highlight=)

It not going to happen.

It looks like Echostar has been ordered to switch off PVR functionality in all it's PVRs within 30 days. Does this affect Bell ExpressVu PVRs (which are manufactured by Echostar)? I called Bell this morning, but the support droid I got hadn't heard of the lawsuit, and told me not to worry. I'd be interested to hear if anyone is able to get an official position from Bell on this.

As a BEV 9200 owner, I wonder if a software update will suddenly knock out functionality as per this injuction.

Whether BEV tells us in advance or not is critical, and if they have no choice in the matter but to do something like this they'd better have a plan in place to knock down the monthly bill accordingly.

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."
http://phx.corporate-ir.net/phoenix.zhtml?c=68854&p=irol-newsArticle&ID=897186

This is similiar to the RIM lawsuits. I doubt anybody will lose service. Echostar will win or lose in court. If they lose they either change the software or pay TIVO for its use.

This is similiar to the RIM lawsuits. I doubt anybody will lose service. Echostar will win or lose in court. If they lose they either change the software or pay TIVO for its use.

Or they will use it as an excuse to get everyone to upgrade to new technology not in violation of the patent. Echostar does not have the money that RIM did to payoff their problems. Unlike RIM which would have been totally dead across the board, this only affects one segment of Echostar's business so they are not likely to pay a huge payout to TIVO.