You may be aware that TiVo sued Echostar over infringing patents relating to the technology behind its PVRs. TiVo won and the court ruled that TiVo would get $88 million in damages and also Echostar would have to stop selling and using infringing PVRs.Bit it wasn't over and Echostar appealed and was awarded some breathing space for the time being and then later requested more time to get certain documents together. The case has now got progressively more complex but I've tried to make sense of it the best I can.
The U.S. District Court Judge Duffey is now getting very frustrated with Echostar for not getting these documents in on time. It's rare for a court to give a company an extended time for appeal and Echostar is really dragging its heals in the mud and as a result is rubbing the courts up the wrong way.
Judge Duffey has now ordered that Echostar must now get the documents together by February 15th.
If all this legal mumbo jumbo is leaving your head hurting let me just conclude that the outlook still looks good for TiVo and Echostar is in for a tough ride.
1. Ergen has taken a laissez-faire notion of the law for years, gambling he could win through in court by enlightening the processes. However, in May a federal appeals court ordered EchoStar to cut off all distant network signals. Obliging this recognized patent infringer to settle; or to shut off. EchoStar also has infringed on HBO, Court TV, Direct TV, etc.
The evidences presented by Tivo against EchoStar are so obvious that the Texas District Federal Jury did not need much time to find EchoStar guilty of patent infringement. The USPTO also found enough evidence blameworthy of paten infringement after EchoStar requested a claim for an examination.
In the last quarterly earning-report Ergen said, they were still working in a box to replace those infringing TiVo’s patent.
Even EchoStar CEO Charlie E. admits infringement---but Echostar is still hurting TiVo by making the process longer on purpose. The question is: Do all these deceitful attitude of EchoStar qualifies TiVo, to get a judgement for Treble Damages? I think they do.
I also believe that justice is blind and it will not have preferences for a constant convict of thievery. Ergen political power and money will not intimidate a Superior Court Judge.
Posted at 7:56PM on Jan 31st 2007 by Robert Benhart