Life or Death for Tivo

CUShane writes "The Washington Post is running an article on the patent case between Tivo and EchoStar regarding Tivo's DVR technology. The article states that Tivo has a better than 70% chance of winning, while a loss would basically doom the company. Is there a possibility that the patent system is working right in this case?" From the article: "TiVo attorney Morgan Chu has been arguing in court that TiVo's inability to turn a profit, despite the popularity of its product, is partially because of EchoStar's infringing on its patent. TiVo co-founder Michael Ramsay testified that he showed EchoStar executives the TiVo product and pursued a licensing deal with them, but that a deal was never struck even though EchoStar began selling its own DVRs that used technology very similar to TiVo's."

Comments

We call that "Forum Shopping"

[TubeSteak]

That TiVo sued EchoStar in tiny Marshall, Texas, was no accident, said Bradford Lyerla, intellectual property attorney and partner with Marshall, Gerstein & Borun, a specialty firm in Chicago. Juries there, Lyerla said, find in favor of the plaintiffs in patent trials about 80% of the time.
...
"TiVo has a great jury story," Lyerla said. "If TiVo loses, it could be the end of them. That creates greater sympathy on the part of the jury."

The patent system has nothing to do with this.

This story is entirely about the jury. A jury can decide a case any which way they like, no matter what the law says (see jury nullification)

+1 to Tivo for manipulating the system.