Dish Appeal against TIVO denied

[bacchus101]

Everyone panic!

 

[hedbert]

Everyone panic!

MN Panic in 3 ... 2 ... 1
PANIC! OffDa!

 

[Drone35]

Enough already, bury this thread and put it out of it's misery!!!

 

[tomcrown1]

Oh No I must have TIVO the courts have rulled

 

[gdarwin]

DISH Network Statement in Response to Federal Circuit Ruling in Tivo Inc. v. EchoStar Communications Corp.


ENGLEWOOD, Colo., Apr 11, 2008 (PrimeNewswire via COMTEX News Network) -- DISH Network Corporation (NasdaqISH) issued the following statement regarding recent developments in the Tivo Inc. v. EchoStar Communications Corp. lawsuit:
"We are disappointed that the Federal Circuit did not grant our petition for rehearing. The decision, however, will have no effect on our current or future customers because EchoStar's engineers have developed and deployed 'next-generation' DVR software to our customers' DVRs. This improved software is fully operational, has been automatically downloaded to current customers, and does not infringe the Tivo patent at issue in the Federal Circuit's ruling.
"All DISH Network customers can continue to use their DVRs without any interruption or changes to the award-winning DVR features and services provided by DISH Network.
"We intend to appeal the Federal Circuit's ruling to the United States Supreme Court."
About DISH Network Corporation
DISH Network Corporation (NasdaqISH) provides more than 13.78 million satellite TV customers with industry-leading customer satisfaction, which has surpassed major cable companies for seven years running. DISH Network customers also enjoy access to a premier line of award-winning Digital Video Recorders (DVRs), hundreds of video and audio channels, the most International channels in the U.S., industry-leading Interactive TV applications, Latino programming, and the best sports and movies in HD. DISH Network offers a variety of package and price options including the lowest all-digital price in America, the DishDVR Advantage Package, high-speed Internet service, and a free upgrade to the best HD DVR in the industry. DISH Network is included in the Nasdaq-100 Index (NDX) and is a Fortune 300 company. Visit DISH Network or call 1-800-333-DISH (3474) for more information.
This news release was distributed by PrimeNewswire, PrimeNewswire, Inc.
SOURCE: DISH Network Corporation
DISH Network Corporation
Media Contacts:
Kathie Gonzalez
720.514.5351
press@echostar.com

 

[Greg Bimson]

But let's deconstruct this...

"We are disappointed that the Federal Circuit did not grant our petition for rehearing. The decision, however, will have no effect on our current or future customers because EchoStar's engineers have developed and deployed 'next-generation' DVR software to our customers' DVRs. This improved software is fully operational, has been automatically downloaded to current customers, and does not infringe the Tivo patent at issue in the Federal Circuit's ruling."

Well, until Dish Network was found guilty, Dish Network maintained that they never infringed upon the patent. Now they maintain they've done something else, and they don't infringe upon the patent.

"All DISH Network customers can continue to use their DVRs without any interruption or changes to the award-winning DVR features and services provided by DISH Network."

Only if the District Court judge believes that the new software does not infringe.

"We intend to appeal the Federal Circuit's ruling to the United States Supreme Court."

Which ought to tell us everything we need to know. Dish Network needs to win in order to avoid a disaster, by either paying boatloads of money to TiVo, or the doomsday scenario of shutting down DVR's.

I do find it quite amazing Dish Network is issuing these press releases when they find out something hasn't gone their way. I'll assume they want to put their spin on it first.

The big test, as I've stated earlier, is once the case heads back to District Court for the remedy phase. That would be where the judge issues the injunction.

 

[mattopia]

Rough news day for Dish!

 

[darrencp22]

Geeze some people will find a conspiracy or negativity in everything.

They are appealing for the simple reason that they woudl like to avoid paying a 100 million dollars in money. No "Doomsday" is going to happen.

 

[Hall]

I signed a conrtact for service with a DVR, if they pull it, then they are the ones who cant fulfill the contract and I wont pay the cancellation fees

Ummm, no you didn't. If you believe so, please scan and post a copy of this supposed agreement (you can black-out any personal information, of course).

You signed an agreement for programming. Sure, you might be paying a DVR fee currently, but they can stop billing you for that tomorrow.

 

[Ramen]

Friday, Apr. 11 2008
Dish Network To Appeal To Supreme Court On Patent Ruling

Sue Chang
MarketWatch Pulse

SAN FRANCISCO -- Dish Network Corp. said Friday it plans to appeal to the Supreme Court an earlier ruling by the Federal Circuit court which denied EchoStar's request for a rehearing en banc in regard to a patent infringement case filed by Tivo . "The decision, however, will have no effect on our current or future customers because EchoStar's engineers have developed and deployed 'next-generation' DVR software to our customers' DVRs. This improved software is fully operational, has been automatically downloaded to current customers, and does not infringe the Tivo patent at issue in the Federal Circuit's ruling," said Dish Network in a statement.

:up

 

[jacmyoung]

But let's deconstruct this...

"We are disappointed that the Federal Circuit did not grant our petition for rehearing. The decision, however, will have no effect on our current or future customers because EchoStar's engineers have developed and deployed 'next-generation' DVR software to our customers' DVRs. This improved software is fully operational, has been automatically downloaded to current customers, and does not infringe the Tivo patent at issue in the Federal Circuit's ruling."

Well, until Dish Network was found guilty, Dish Network maintained that they never infringed upon the patent. Now they maintain they've done something else, and they don't infringe upon the patent.

"All DISH Network customers can continue to use their DVRs without any interruption or changes to the award-winning DVR features and services provided by DISH Network."

Only if the District Court judge believes that the new software does not infringe.

"We intend to appeal the Federal Circuit's ruling to the United States Supreme Court."

Which ought to tell us everything we need to know. Dish Network needs to win in order to avoid a disaster, by either paying boatloads of money to TiVo, or the doomsday scenario of shutting down DVR's.

I do find it quite amazing Dish Network is issuing these press releases when they find out something hasn't gone their way. I'll assume they want to put their spin on it first.

The big test, as I've stated earlier, is once the case heads back to District Court for the remedy phase. That would be where the judge issues the injunction.

I know we have debated this before Greg, but your entire argument is based on the notion that DISH still infringes on the Tivo software patent, despite the fact DISH says they no longer does.

Now I agree what DISH said before was found not true or not agreed by the court but you seem to automatically assume they are lying now or are incorrect simply because the past failure.

That is simply not how the court works. In determining whether the new DISH software does or doss not infringe, the past offenses should have no bearing or influence, if so the judge should be replaced because of clear prejudice. And how much do you want to bet that the DISH team is counting on that too?

 

[Stargazer]

Dish Network needs to get over themselves and pay the money that is due. They have made plenty of money from what they have not paid their retailers (or used to be retailers) what was due to pay what is due to Tivo. This sounds just like Dish Network, not wanting to pay what they owe. It will catch up to them eventually (if it hasn't already).

 

[guapoharry]

:river:river:river:river:river:river:river:river
:river:river:river:river:river:river:river:river

But the point is nothing seems to be going right for Dish at this moment.

:river:river:river:river:river:river:river:river
:river:river:river:river:river:river:river:river
Nothing? You mean this lawsuit and the AMC14 launch problem? What else?

If that's all, don't cry.

Buck up. It's not all that bad.

 

[Greg Bimson]

In determining whether the new DISH software does or doss not infringe, the past offenses should have no bearing or influence, if so the judge should be replaced because of clear prejudice. And how much do you want to bet that the DISH team is counting on that too?

Let's put this in perspective...

If Dish Network and Echostar do not present evidence to the court about the new software, then the injunction stands as is. Therefore, it is of great importance that the new software no longer infringes. If it does, and only the plaintiffs are saying it doesn't infringe, and have said all along they haven't infringed, then the plaintiffs are up a creek.

That is why Dish Network and Echostar are hinging on getting relief from the Supreme Court. That is why there is a press release every single time there is bad news for the plaintiffs, because it is damage control.

The only people saying the software no longer infringes are Dish Network and Echostar. They said they received outside legal counsel on the new software, but they received outside legal counsel on the old software.

So don't put a ton of stock in the fact that Echostar and Dish Network say they no longer infringe.

 

[jacmyoung]

Of course no one is going to put stock in anyone's saying, rather actual proof. If DISH can not do so they are done. The problem is again you continue to use the past experience to determine the future. Which may show some common sense, I was only to point out it is not how the court works.

I think DISH is simply buying as much time as possible to make their proof as bullet proof as they can. I am not even saying they WILL be successful, but I have read their patent application from top to bottom, and if what they say in there is true, then they no longer infringe.

You can of course dismiss anything DISH says based on the past, it is your right to do so. But if the judge uses the same rationale to determine the validity of DISH's new software claim, it is basis for a new judge.

 

[dlsnyder]

How about an old 7100 or 7200 - still good?

I still have a 508 that is used heavily. No problems?

 

[yaz96]

"All Dish DVR's will self-destruct in five seconds."

 

[bradb007]

Dish saying it no longer infringes doesn't == there is no way the 622/722 won't be turned off. The burden of proof is not on DISH to prove they are no longer infringing on the patent.

Dish disabling my DVR could be the best thing EVER.. talk about a quality way to get out of my 18th month early without a fee and make the transition to D*. I actually hope this happens and I will be gladly gone to the "hd leader".

 

[teneightyp]

What the heck is happening to this company? It really seems like they are in serious trouble.

 

[Slamminc11]

Dish saying it no longer infringes doesn't == there is no way the 622/722 won't be turned off. The burden of proof is not on DISH to prove they are no longer infringing on the patent.

Dish disabling my DVR could be the best thing EVER.. talk about a quality way to get out of my 18th month early without a fee and make the transition to D*. I actually hope this happens and I will be gladly gone to the "hd leader".

it won't get you out of your contract, but nice try though!