
UPDATE, July 1, 2009: Federal court blocks any injunction against Dish so its customers can continue using their DVRs. See Dish’s statement.
UPDATE, June 3, 10 p.m.: The saga continues. Dish wins a stay of a court injunction to disable DVRs as it appeals. See Reuters story. Also, a followup to this post: TiVo has no beef with Cox, Comcast and DirecTV. But everyone else?
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Noted: TiVo, which changed the way that most of us watch TV today, won a lawsuit against Dish Network’s EchoStar Communications that could end up disabling “an infringing function on all but about 193,000 digital video recorders,” according to a Reuters story.
That infringing function covered “DVR playback features, like the ability to pause and rewind live programming while the DVR continues to record,” according to the Denver Business Journal.
EchoStar’s attempt to do a workaround on TiV0′s patent was ruled to be in contempt of court. The federal court in Texas also placed a permanent injunction on affected Dish DVRs, while awarding TiVo $103 million in damages, plus another $89.6 million in patent infringement claims.
Tivo, in a release, said, “We are extremely gratified by the Court’s well reasoned and thorough decision, in which it rejected EchoStar’s attempted workaround claim regarding the TiVo patent, found EchoStar to be in contempt of court and ordered the permanent injunction fully enforced.”
Dish plans to appeal. The company said there will be no immediate impact on customers who have Dish DVRs.
In a statement on its web site, Dish said, ”We are disappointed in the district court’s decision finding us in contempt. DISH Network will appeal, and will file a motion to stay the order with the Federal Circuit. We believe a stay is warranted and that we have strong grounds for appeal. Our engineers spent close to a year designing-around Tivo’s patent and removed the very features that Tivo said infringed at trial.”
The two return to court on June 26 to hear about sanctions against EchoStar.
For more, see the Reuters story, “Court awards Tivo $190 million in EchoStar patent case.”
More on the web:
This is a monopoly that Tivo has. Go to Costco in Canada and you can buy your own unit. Screw the cable providers!
Tamara,
Do you know how Cox cable plays into this? Cox DVRs seem to have the TiVo features you describe. Do they have a licensing agreement with TiVo? Have they developed a workaround? Or will TiVo be coming after them next?
UPDATE: bit.ly/1fmxZ (Cox is fine)
Am getting confirmation on this, but looks like Cox has licensed the technology from TiVo… Will update if I hear otherwise.Funny how a simple process can be patented.
You gotta be kidding me! I just dumped Time Warner Cable for Dish Network. One of my biggest gripes with TWC was their bug-filled dvr.
I’ve been extremely happy with how the Dish Network dvr operates. How long is this satisfaction going to last? I’m only 2 weeks into a 2-year service agreement.
I agree. DISH’s DVR is great. I’m sure in the long haul DISH and TIVO will come to some agreement to license DIVO’s technology.
It’s sad some people have no appreciation for the invention and patent process. What point is there in inventing something if anyone was able to copy and use it for no cost. Really guys! Think about it. If you invented something wouldn’t you expect to be paid for your work. Also it doesn’t matter if it is a simple invention or complicated one if someone solves an issue that meets success shouldn’t they be paid?
Is this patent conflict the reason why the Philips DVDR3576H and the Magnavox recorders, and DVD recorders in general aren’t available any more ?