Nearly all Dish Networks DVR's ordered shut off within 30 days

[SirFozzie]

Owwie. Tivo laid a legal smack down on Dish Networks.. Wouldn't be surprised to see a lot more suits against cable companies (and perhaps DirecTV) based on this..

Apparently, all but the first two DVR's Dish Network offered are covered under this injunction.

TiVo Inc. Friday said a federal court in Texas has ordered EchoStar Communications Corp. to halt the use and sale of several of its digital video recorders (DVRs) after a jury ruled in April that EchoStar had infringed on a TiVo patent.

EchoStar, owner of the No. 2 U.S. satellite television broadcaster Dish Network, said it planned to ask a federal appeals court to block the permanent injunction while it launched an appeal.

The injunction, issued Thursday, would require many DVRs used by Dish Network customers to be shut off within 30 days, EchoStar said in a statement. DVRs allow viewers to record dozens of hours of programming, while they watch or pause live TV.

U.S. District Court Judge David Folsom also on Thursday also ordered EchoStar pay $5.6 million in interest and $10.3 million in additional damages, TiVo said, on top of a jury damage award of $74 million in April.

The April ruling followed years of legal wrangling over software within the TV set-top box.

The judge also denied EchoStar's request to stay the injunction, pending appeal.

EchoStar said in a statement the judge concluded that it did not act in bad faith or copy TiVo's technology, and denied TiVo's request for damages to be tripled.

"We believe that, for a number of reasons, the Texas Court should be reversed in all other respects on appeal," EchoStar said. "We also continue to work on modifications to our new DVRs, and to our DVRs in the field, intended to avoid future infringement."

TiVo brought the case to federal court in Texas, accusing EchoStar of stealing its technology. Last year, EchoStar countersued TiVo, saying the company used technology patented by EchoStar between 1998 and 2003.

Analysts have suggested that the ruling could lead to a licensing deal between the two companies, and that TiVo may use this decision to take on other companies that make and distribute DVRs.

"This decision recognizes that our intellectual property is valuable and will ensure that moving forward EchoStar will be unable to use our patented technology without our authorization," TiVo said in a statement.

Satellite providers have used DVRs to woo customers away from cable companies. In turn, more cable TV providers have been placing DVRs in subscriber homes.

[digamma]

DirecTV and Tivo have an agreement through 2010, part of which states they won't assert patent claims against one another.

[Ksyrup]

"We also continue to work on modifications to our new DVRs, and to our DVRs in the field, intended to avoid future infringement."


Ummm...I don't practice anywhere near this kind of law, but what is the basis for the appeal, if they are basically admitting to infringement?

Also, when this:

EchoStar said in a statement the judge concluded that it did not act in bad faith or copy TiVo's technology, and denied TiVo's request for damages to be tripled.

is the sole bright spot in your press release, you know you've had a bad day.

[MizzouRah]

they take my DVR away and I'll send my 4 year old to Tivo's headquarters!

[dervack]

What they'll probably do is settle out of court, and Dish will still be allowed to use the DVR service.

[SirFozzie]

yeah, Tivo knows they have Dish by the short and curlies once the injunction is in, looks like it's been temporarily stayed, and from that point DISH has 30 days to save their business.

[dervack]

Yeah this is the same thing with Research in Motion, and them losing their Blackberry suit. It was all doom and gloom for Blackberry owners until RIM ponied up the money and surprise, the other company backed off their suit.

What I would like to see in these type of suits is that once a decision is made by a judge, that it's final. No back door dealings that include money after the fact to drop it. If money would have pleased them earlier, they should have done it before the judge ruled.

[Craptacular]

They better get it figured out without screwing their customers, or my twin boys will join MizzouRah's 4-year-old at Tivo's HQ... when they're born of course.

[cougarfreak]

I will personally drive to Tivo's HQ and take the 4 year old, and the twin boys and destroy the place.

[FBPro]

I've got Directv and Tivo....thank you Lord.

[Daimyo]

How can you possibly blame TiVo for defending their patents? Its not they're just squatting like the company that screwed over Blackberry.