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  1. #1
    TXCharlie's Avatar
    TXCharlie is offline Former & Future Reserve Officer
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    Angry Texas Judge Orders DISH To Turn Off DVRs

    Holy shit

    http://www.nbc5i.com/news/9700164/detail.html
    EchoStar Ordered To Pay $89.6 Million In Damages

    POSTED: 9:55 am CDT August 18, 2006
    UPDATED: 10:03 am CDT August 18, 2006

    FORT WORTH, Texas -- An East Texas federal judge has ordered EchoStar Communications Corp., parent of the DISH satellite TV service, to stop selling and turn off about 4 million of its digital video recorders within 30 days.

    U.S. District Judge David Folsom on Thursday also ordered EchoStar, parent of the DISH satellite TV service, to pay $89.6 million in damages.

    The decision comes after a federal jury in Marshall in April determined that EchoStar willfully infringed on TiVo Inc.'s "time-warp" patent, which applies to the way a DVR simultaneously records one program while playing back another.


    EchoStar, the country's second-largest satellite TV provider with about 12.5 million subscribers, said it will ask the 5th U.S. Circuit Court of Appeals in New Orleans to block the injunction while it appeals the decision. The Englewood, Colo., company also said it is working on modifications to its new DVRs so that they won't infringe on TiVo's patent.

    TiVo, the Alviso, Calif., company that is credited with introducing DVR technology, said it is "pleased" with the decision.

    "This decision recognizes that our intellectual property is valuable and will ensure that moving forward EchoStar will be unable to use our patented technology without our authorization," the company said in a prepared statement.

    Because EchoStar's infringement of TiVo's patent was seen as "willful," the judge could have tripled the amount of damages, but chose not to. TiVo is pondering whether or not to appeal that part of the decision, Elliot Sloane, a TiVo spokesman said.

    A spokeswoman for EchoStar couldn't be immediately reached.

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  2. #2
    Ducky's Avatar
    Ducky is offline Enforcer General
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    Wow, I see a lot of people switching to DirecTV because of this.
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    "...but to forget your duck, of course, means you're really screwed." - Gary Larson
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  3. #3
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    HAHAHA, anyone wishing to switch to Direct TV. Ill give you my name and stuff to make my bill alittle less...


  4. #4
    Ducky's Avatar
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    Quote Originally Posted by BEK320
    HAHAHA, anyone wishing to switch to Direct TV. Ill give you my name and stuff to make my bill alittle less...
    Ditto
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  5. #5
    TXCharlie's Avatar
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    Talking Flip-Flop!!!

    Court blocks order to shut down DISH DVRs

    12:48 PM CDT on Friday, August 18, 2006

    Associated Press


    A federal appeals court on Friday temporarily blocked a trial judge’s order that EchoStar Communications Corp., parent of the Dish satellite-TV service, disable more than 3 million digital video recorders.

    The appeals court blocked an injunction that was issued Thursday by a federal district court judge in Texarkana. The injunction followed a jury decision in April that EchoStar infringed on TiVo’s patent for “time-warp” technology — the ability to record a live television program while playing another.

    Judge David Folsom also increased the jury’s verdict that EchoStar should pay $74 million in damages to $89.6 million — beyond the $87 million that TiVo’s lawyers asked the jury to award.

    The judge, however, could have tripled the jury’s amount because jurors found that EchoStar willfully infringed TiVo’s patent. TiVo was considering seeking a larger award on appeal.

    The judge also gave EchoStar 30 days to turn off some of the recorders it has provided to customers and stop selling new ones.

    EchoStar said it was pleased with the delay approved Friday by the federal appeals court in Washington. The company said it was altering its recorders to avoid future claims of patent infringement.

    An EchoStar spokeswoman said more than 3 million of Dish’s 12 million subscribers use an EchoStar recorder that would have been affected by Folsom’s ruling.

    A TiVo spokesman declined to comment immediately on the appeals court decision blocking the injunction.

    Earlier, Alviso, Calif.-based TiVo had hailed Folsom’s ruling.

    “This decision recognizes that our intellectual property is valuable and will ensure that moving forward EchoStar will be unable to use our patented technology without our authorization,” TiVo said in a statement.

    TiVo shares rose 51 cents, or 7.9 percent, to $7 in early afternoon trading on the Nasdaq Stock Market. EchoStar shares dropped 39 cents, or 1.2 percent, to $32.36.

    TiVo hopes that a victory against EchoStar will convince other cable and satellite-TV providers that sell digital video recorders, or DVRs, other than TiVo’s to agree to pay royalties and licensing fees to the company whose name is synonymous with recording TV on a hard drive.

    EchoStar’s Dish network is the nation’s second-largest satellite-TV provider. The Englewood, Colo.-based company had argued before the jury that its DVRs used other technology and didn’t violate TiVo’s patent.

    The jury took less than two hours of deliberations to find in favor of TiVo.

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