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TiVo Patent Victory Over Dish Network Upheld

Posted by ryuzaki0 on from the last-ditch-efforts dept.

Thomas Hawk writes "An appeals court today shot down Dish Network's last chance to avoid a multi-million lawsuit verdict won by TiVo over their time shifting DVR technology. In addition to having to pay TiVo a minimum of $92 million, Dish Network will also now have to honor a court injunction to turn off DVR software to most of their customers. I hope Dish Network customers like commercials with their daily dose of Dr. Phil."

4 of 186 comments (clear)

  1. Dish DVR by Anonymous Coward · · Score: 5, Informative

    FYI this has no effect on anyone with a newer model Dish DVR, i.e. they aren't going to take it away from you. New software was pushed out 6 months ago to replace the infringing software. If you have a real old one, now is a good time to upgrade.

  2. Responses by ArkiMage · · Score: 5, Informative

    Tivo's:
    http://investor.tivo.com/releasedetail.cfm?ReleaseID=304285

    Dish's:
    http://dish.client.shareholder.com/releasedetail.cfm?ReleaseID=304293

    The latter includes these tidbits:

    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."

  3. RTFA by mrsam · · Score: 4, Informative

    No, Dish can (and if you RTFAed, they will) appeal to the Supremes.

    But, true, Dish has a tough hill to climb. The Supremes only accept a small percentage of all appeals. Dish's goose is mostly cooked.

  4. Re:Unlikely by Achromatic1978 · · Score: 5, Informative
    Replying to this to get a post near top:

    DISH WILL NOT have "to turn off DVR to most of its customers". Anyone using the 622 or 722 (what they ship now as their DVR offerings) is NOT affected. Software was upgraded months ago specifically to get around the patent. If you have a far older DVR, then all this means, is you'll get a free upgrade to the new model, rather than paying for it. A pain in the ass though the patent is, a travesty this is not.

    Mmm, pimping your own misleading blog FTW! It's not like many people in the comments of his own blog entry he submitted didn't point out this RATHER MAJOR DISCREPANCY... but oh noes! Removing scaremongering does not help pageviews, does it?