tag:blogger.com,1999:blog-2188044719965093661.post8670660820368290385..comments2023-10-25T11:49:37.158-04:00Comments on Freewilly's Stockpicker Blog ® ™: Catch the next Shooting Star? Investing in who will deliver your next movieFreewillyhttp://www.blogger.com/profile/10417175104991814047noreply@blogger.comBlogger1125tag:blogger.com,1999:blog-2188044719965093661.post-60515213167713333152010-03-04T20:08:34.865-05:002010-03-04T20:08:34.865-05:00Should have looked at TIVO closer too!! Freewilly
...Should have looked at TIVO closer too!! Freewilly<br /><br />TiVo Gets Favorable Ruling In Patent Case; Stock Soars<br /><br />(RTTNews) - Thursday, TiVo Inc., (TIVO) said the United States Court of Appeals for the Federal Circuit ruled in its favor, affirming the district court's finding of contempt against EchoStar Corp. (SATS) and Dish Network Corp. (DISH) including both the disablement and infringement provisions. TiVo shares soared more than 56% on the Nasdaq following the news.<br /><br />TiVo had initially sued Dish in 2004 for infringement of its digital video recorder Time Warp technology patent, which lets viewers pause, rewind and fast-forward live shows.<br /><br />The ruing paves way for Alviso, California-based TiVo to receive approximately $300 million in damages and contempt sanctions for EchoStar's continued infringement through July 1, 2009. The court's ruing is only a partial victory for TiVo which had sought $1 billion. The company said that it will seek further damages and contempt sanctions for the period of continued infringement thereafter.<br /><br />Dish Network L.L.C., a subsidiary of DISH Network Corp., and EchoStar Technologies L.L.C., a subsidiary of EchoStar Corp. in a statement expressed disappointment at the Federal Circuit Court decision, but indicated it would seek en banc review by the full Federal Circuit. The companies added that they will also be proposing a new design-around to the district court for approval. They said that at this time, their DVR customers are not impacted.<br /><br />The U.S. District Court of the Eastern District of Texas decided that Dish is in contempt of a permanent injunction on TiVo's DVR patent, and ordered Dish to pay $103 million plus interest in damages to TiVo.<br /><br />In his final judgment, Judge David Folsom gave EchoStar and DISH 30 days to disable all but about 192,000 DVRs distributed among its 13.6 million customers.<br /><br />However, the Appeals Court today stayed the injunction, pending an appeal by Dish and Echo.<br /><br />In October 2008, TiVo received $104.6 million from EchoStar, which includes the initial $74 million in damages awarded by the United States District Court for EchoStar's willful patent infringement as well as supplemental damages covering the period through September 8, 2006 and interest.<br /><br />In the first week of October 2008, TiVo said that the US Supreme Court denied EchoStar Corp.'s petition to review verdict of the Federal Circuit Court for appeals on a DVR patent infringement case.<br /><br />The company said that, earlier the US Court of Appeals for the Federal Circuit had unanimously upheld the District Court judgment of willful patent infringement, full award of damages, and a permanent injunction against EchoStar's infringing DVR products.<br /><br />In 2006, a jury found Dish and EchoStar liable for infringing the company's DVR patent. U.S. District Court Judge David Folsom in Texas then issued a permanent injunction that barred EchoStar and Dish from continuing to infringe on the company's invention.<br /><br />Dish and EchoStar said they developed a technological work-around that allowed them to offer DVR service without infringing TiVo's patent, but the judge later ruled that the work-around violated the injunction because it still infringed TiVo's intellectual property.<br /><br />DVR technology allows viewers to pause, rewind and fast-forward television programs, recorded on a set-top hard drive.<br /><br />TIVO is currently trading at $15.89, up $5.64 or 56%, on a volume of 49 million shares on the Nasdaq.<br /><br />DISH is currently trading at $20.41 down $1.30 or 5.99%, on a volume of 9.57 million shares on the Nasdaq.DebCarolhttps://www.blogger.com/profile/07346937643590111586noreply@blogger.com