Are they talking about the interest on the 103M that Tivo was just awarded?Originally Posted by Mainer_Ayah
Am I reading this right? Tivo wants prime and Charlie wants to pay NOTHING?
Are they talking about the interest on the 103M that Tivo was just awarded?
Am I reading this right? Tivo wants prime and Charlie wants to pay NOTHING?
Some new Tivo news
http://tech.yahoo.com/blogs/patterso...oYdAbNU20WLpA5
Word is that the newly emboldened maker of the TiVo DVR wants to bring—or at least license—its time-shifting technology to "every U.S. pay-television system," starting (perhaps) with Time Warner Cable.
Bloomberg (via Engadget HD) reports that TiVo, which recently won a key patent case against EchoStar and Dish, is now in talks with Time Warner Cable and other "pay-TV providers."
Yes he wants to pay nothing. It is the interest for the stay period. His attitude will serve no other purpose than to really piss off the court.
“One who elects to build a business on a product found to infringe cannot be heard to complain if an injunction against continuing infringement destroys the business so elected.”Windsurfing Int’l, Inc. v. AMF, Inc., 782 F.2d 995, 1003 n.12 (Fed. Cir. 1986)
I can't for the life of me think of one good reason why anyone would want to deal with this lunatic.
If TIVO was smart they would take a giant lump sum payment from Charlie and kick him to the curb.
He's the kind of guy that will sign a deal and spend every waking hour looking for a way to litigate his way out of it. Besides, another couple of years of Charlie at the helm and there'll be nothing left of E* anyway. He should have sold the company to AT&T when he had the chance. How good does that $50 a share offer look now?
If I was TIVO I would sign a deal with DTV that gives TIVO a cut of every E* sub that signs up with D* and make Charlie shut the boxes off. Enough is enough. TIVO doesn't need Charlie's BS anymore.
That's one theory behind the reason there hasn't been a settlement. TiVo wanting lump sum E* wanting monthly payments. Yeah sure, a dollar down and the chase is on.
“One who elects to build a business on a product found to infringe cannot be heard to complain if an injunction against continuing infringement destroys the business so elected.”Windsurfing Int’l, Inc. v. AMF, Inc., 782 F.2d 995, 1003 n.12 (Fed. Cir. 1986)
If they get a settlement or a license, which do you think would be better for them?
New news in the satguys forum about this case. Please keep it civil there if you post
http://www.satelliteguys.us/dish-net...ml#post1878689
http://www.texarkanagazette.com/news...oo-high-57.php
More tivo/E* news for ya
Scott posted this over at SatGuys:
TiVo Statement on Developments in Lawsuit Against EchoStar
ALVISO, Calif., Aug. 4 /PRNewswire-FirstCall/ -- TiVo Inc. (Nasdaq: TIVO), the creator of and a leader in television services and advertising solutions for digital video recorders (DVRs), indicated today that on August 3, 2009, the United States Patent and Trademark Office (PTO) issued an Office action with respect to Claims 31 and 61of TiVo's Multimedia Timewarping System patent, U.S. patent number 6,233,389 (the "Barton Patent"), preliminarily rejecting the patent claims. TiVo offered the following comment on the PTO preliminary finding:
"The Office action is a preliminary finding, entered in the normal course before TiVo has had any opportunity to present its views. TiVo believes that the PTO's preliminary finding will not affect EchoStar's appeal of the June 2009 ruling by the United States District Court for the Eastern District of Texas finding EchoStar to be in contempt of court." "This is an initial step in the lengthy process known as 'reexamination,' and it is not unusual for the PTO to provide a preliminary finding of invalidity and to then later find that the claims are valid after hearing an explanation from the patent owner. Indeed, this is precisely what happened with the first reexamination of the Barton Patent that EchoStar filed in 2005. Among other things, the next step in the reexamination process provides TiVo, for the first time, the opportunity to discuss and distinguish the references presented by EchoStar, and to present new claims."
Thanks, I had just noticed it myself
http://www.bloomberg.com/apps/news?p...d=aSSS17Z9s.04
Legal expenses keeping profit down ?
$194 million on this case alone? WowNet income fell to $63.4 million, or 14 cents a share, from $335.9 million, or 73 cents, a year earlier. The company had a $196.4 million expense related to a legal battle with TiVo Inc. Sales were little changed at $2.9 billion, in line with the average analyst estimate.
http://online.wsj.com/article/BT-CO-...26-712798.html
Dish Network Corp. (DISH) and sister company Echostar Corp. (SATS) said Wednesday they were pleased that the review over the validity of TiVo Inc.'s (TIVO) patents would continue.
The U.S. Patent and Trademark Office dismissed TiVo's petition to cease a re-examination of its patents, Dish and Echostar said in a statement. The move ensures that the legal battle between the two will continue to drag on.
From satguysDISH NETWORK AND ECHOSTAR STATEMENT REGARDING TIVO
ENGLEWOOD, Colo. – Sept. 4, 2009 – DISH Network L.L.C., a subsidiary of DISH Network Corporation (NASDAQ: DISH), and EchoStar Technologies L.L.C., a subsidiary of EchoStar Corporation (NASDAQ: SATS), issued the following statement regarding recent developments in EchoStar Communications Corporation vs. Tivo:
“We are pleased that the district court rejected Tivo’s request to award a billion dollars in sanctions and that it found that any violation of the injunction was not willful. While we disagree that any amount of sanctions was warranted, the decision confirms our belief that we designed around Tivo’s patent in good faith. We believe that we ultimately will prevail on appeal.”
http://www.contracostatimes.com/busi...nclick_check=1
Tivos response
TiVo Statement on U.S District Court for the Eastern District of Texas Ruling on Contempt Sanctions Against EchoStar Communications Corporation
ALVISO, CA — September 4, 2009 — TiVo Inc. (NASDAQ: TIVO), the creator of and a leader in television products and services for digital video recorders (DVR), offered the following statement today regarding the contempt sanctions ordered by the United States District Court, Eastern District of Texas, in the lawsuit against EchoStar Communications Corporation:
"We are pleased by the Court's ruling to impose contempt sanctions of approximately $200 million against EchoStar for its continued violation of a Court-ordered permanent injunction, and to award TiVo its attorney fees and costs incurred during the contempt proceedings. This brings total damages and sanctions in this case to approximately $400 million through July 1, 2009, plus attorney fees, and is exclusive of potential further damages and sanctions.
Additionally, we are pleased that the Court 'will seriously entertain the award of enhanced sanctions' if 'EchoStar is unsuccessful on appeal and nevertheless continues to disregard this Court's orders.'
We are confident that this ruling brings us closer to final resolution."
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