After DISH lost the decision, they made a number of appeals, however TiVo won all of them. Even after losing the appeals, DISH continued to say that their software didn't infringe on TiVo's. DISH even took it to the supreme court, but was denied a certiorari, which is a decision to review the lower courts decision. Because of this, DISH will now pay the $104 million to TiVo, which was the original amount that the jury ordered after the 2006 decision, plus interest.
DISH has made a workaround on their DVR's which they believe is enough so as they don't violate Tivo's patent. The decision that was made however, does not effect this new workaround, and there is still an ongoing case on whether the new workaround violates this patent. DISH must be confident in this new workaround because if they again lose this case, it could have horrible effects for the company, especially after just losing $104 million. DISH may be forced into licensing agreements with TiVo if they want to keep their DVR's functioning.
4 comments:
It'd be interesting to know exactly what the infringement included. I understand the patent issue, but TiVo and DVR are the only two "time freezing" sources for tv today. It seems a bit monopolistic for TiVo to want to literally own the ability for watcher to freeze and unfreeze live television. Once again, the specifics would be more helpful. As a consumer, I say yes to Echostar.
I don't think TiVo is upset because of DISH using the same idea to pause, record, and rewind live TV. I think that TiVo thinks that DISH used the same technology found in a TiVo to make its DVR. So... if you are going to reverse engineer something at least make sure you don't get caught.
As I understand it, TiVos have been withdrawn from sale a few years ago? I'm not entirely sure. I'm probably wrong.
Disregarding whether or not Echostar violated TiVo's patent, it seems to me (from reading your entry) that TiVo has hopes to be the only DVR and electronic TV programming schedule device out there; an idea I am not really a fan of. I only say this, because the picture of the release of the iPod touch and the consequent explosion of a hundred other touch-screen hand-held devices came to mind.. except I don't think Apple sued anyone for using similar technology.
Sorry this comment is a little ambigeuous. It would've been nice if you included what exactly the debated lawsuit entailed.
Apart from the large selection of channels, the digital technology used by dish network delivers great picture and plenty of interactive features.
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