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    Bounty Hunter buttman302 is on a distinguished road buttman302's Avatar
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    Default Dishnet losses court case , Fines could reach 300+ million

    SkyREPORT

    The U.S. Court of Appeals for the Federal Court has upheld a lower court's ruling that Charlie Ergen's EchoStar and DISH are still in violation of TiVo's patent, despite the companies' claims of major alterations to bypass TiVo's invention. The cost of the 2-1 ruling is likely to reach into the hundreds of millions ... and potentially beyond.

    Not surprisingly, EchoStar/DISH hopes to keep the case alive in the courts. The company issued this statement shortly after the ruling: "We are disappointed in the Federal Circuit's split decision, but are pleased that Judge Rader agreed with our position. Therefore, we will be seeking en banc review by the full Federal Circuit. We also will be proposing a new design-around to the district court for approval. At this time, our DVR customers are not impacted."

    Analysts at Stifel Nicolaus noted that EchoStar/DISH's request is "unlikely to succeed." In an even more ominous note, Bernstein Research analyst Craig Moffett noted: "The implications for d!sh network are enormous, and go far, far beyond the retrospective licensing fees and damages that will now be payable to TiVo. What is at stake is nothing less than their ability to continue to offer DVRs. And without DVRs... well, you can fill in the blank here, but it wouldn't be pretty."

    TiVo said it would seek damages in excess of the $300M already awarded.

    In response to the ruling, TiVo stock soared, closing the day up 61.9% at $16.53. Meanwhile DISH finished the day down 5.16% at $20.59 while EchoStar closed up slightly, 0.2% at $19.84.

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    VIP Member bruksn is on a distinguished road bruksn's Avatar
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    Exclamation Re: Dishnet losses court case , Fines could reach 300+ million

    Here's a response from Tivo(C/P):

    "TiVo Statement on Decision by U.S. Court of Appeals in Lawsuit Against EchoStar

    ALVISO, CA -- 03/04/10 -- TiVo Inc., the creator of and a leader in television services and advertising solutions for digital video recorders (DVRs), offered the following statement today on the U.S. Court of Appeals decision to [ruling] in lawsuit against EchoStar.

    "We are pleased that the United States Court of Appeals for the Federal Circuit fully affirmed the district court's finding of contempt against EchoStar, including both the disablement and infringement provisions. Additionally, this ruling paves the way for TiVo to receive the approximately $300M in damages and contempt sanctions awarded to us for EchoStar's continued infringement through July 1, 2009. We will also seek further damages and contempt sanctions for the period of continued infringement thereafter. We will continue our efforts to protect our intellectual property from further infringement."

    About TiVo Inc.
    Founded in 1997, TiVo Inc. (NASDAQ: TIVO) developed the first commercially available digital video recorder (DVR). TiVo offers the TiVo service and TiVo DVRs directly to consumers online at TiVo Premiere: much more than a DVR - TiVo and through third-party retailers. TiVo also distributes its technology and services through solutions tailored for cable, satellite, and broadcasting companies. Since its founding, TiVo has evolved into the ultimate single solution media center by combining its patented DVR technologies and universal cable box capabilities with the ability to aggregate, search, and deliver millions of pieces of broadband, cable, and broadcast content directly to the television. An economical, one-stop-shop for in-home entertainment, TiVo's intuitive functionality and ease of use puts viewers in control by enabling them to effortlessly navigate the best digital entertainment content available through one box, with one remote, and one user interface, delivering the most dynamic user experience on the market today. TiVo also continues to weave itself into the fabric of the media industry by providing interactive advertising solutions and audience research and measurement ratings services to the television industry. TiVo Premiere: much more than a DVR - TiVo

    TiVo, 'TiVo, TV your way.', Season Pass, WishList, TiVoToGo, Stop||Watch, Power||Watch, and the TiVo Logo are trademarks or registered trademarks of TiVo Inc. or its subsidiaries worldwide. © 2010 TiVo Inc. All rights reserved. All other trademarks are the property of their respective owners."

    From what I've read elsewhere, the vip irds are the only ones not affected by the case. But you can be sure D!sh will revise their fees for usb attached hard drives. And other things to make up for losses.

    Set up your own dvr with SageTV or MythTV....avoid the hassle, and hustle.

    Also...Tivo will be going after others for infringement...like ATT & Verizon.

    More reading in the attachment.
    Last edited by bruksn; 03-07-10 at 09:08 AM.

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