Big Dismal
08-18-2006, 01:28 PM
source:
http://www.dishnetwork.com/content/aboutus/presskit/press/index.shtml
ECHOSTAR ANNOUNCES FEDERAL CIRCUIT BLOCKS TIVO INJUNCTION
ENGLEWOOD, Colo., August 18, 2006 – EchoStar Communications Corporation (NASDAQ: DISH) issued the following statement regarding recent developments in the Tivo Inc. v. EchoStar Communications Corp. lawsuit:
“We are pleased that this morning, the Federal Circuit Court of Appeals in Washington, D.C. temporarily blocked an injunction issued by a Texas Court, while it considers a longer-term stay of that injunction.
As a result of the stay EchoStar can continue to sell, and provide to consumers, all of its digital video recorder models. We continue to believe the Texas decision was wrong, and should be reversed on appeal. We also continue to work on modifications to our new DVRs, and to our DVRs in the field, intended to avoid future alleged infringement.”
Also, more here:
http://money.canoe.ca/News/Other/2006/08/18/1764047-ap.html
DALLAS (AP) - 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 three million digital video recorders.
Despite the temporary setback, TiVo shares jumped nearly 10 per cent in Friday afternoon trading.
The appeals court blocked an injunction issued late Thursday by a federal district court judge in Texarkana. The injunction stemmed from 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 damages EchoStar should pay to $89.6 million from the jury's verdict of $74 million. TiVo's lawyers asked the jury to award $87 million.
The judge, however, could have tripled the jury's amount because jurors found that EchoStar wilfully infringed TiVo's patent.
TiVo is considering seeking a larger award on appeal, said spokesman Elliot Sloane. EchoStar has not yet appealed the damages but could still do so.
The judge 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 that the turn-off order had been blocked, at least temporarily, by the federal appeals court in Washington. The company said it was altering its recorders to avoid future claims of patent infringement.
EchoStar spokeswoman Kathie Gonzalez said more than three million of Dish's 12 million subscribers use an EchoStar recorder that would have been affected by Folsom's ruling.
TiVo noted that the appeals court said it didn't rule on the merits of its case against EchoStar. TiVo called the delay "routine" as the appeals court decides whether to block the injunction while the Texas judge's decision is appealed. The court gave TiVo until next Wednesday to respond to Friday's action.
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 64 cents, or 9.9 per cent, to $7.13 in afternoon trading on the Nasdaq Stock Market. EchoStar shares dropped 43 cents, or 1.3 per cent, to $32.32.
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.
http://www.dishnetwork.com/content/aboutus/presskit/press/index.shtml
ECHOSTAR ANNOUNCES FEDERAL CIRCUIT BLOCKS TIVO INJUNCTION
ENGLEWOOD, Colo., August 18, 2006 – EchoStar Communications Corporation (NASDAQ: DISH) issued the following statement regarding recent developments in the Tivo Inc. v. EchoStar Communications Corp. lawsuit:
“We are pleased that this morning, the Federal Circuit Court of Appeals in Washington, D.C. temporarily blocked an injunction issued by a Texas Court, while it considers a longer-term stay of that injunction.
As a result of the stay EchoStar can continue to sell, and provide to consumers, all of its digital video recorder models. We continue to believe the Texas decision was wrong, and should be reversed on appeal. We also continue to work on modifications to our new DVRs, and to our DVRs in the field, intended to avoid future alleged infringement.”
Also, more here:
http://money.canoe.ca/News/Other/2006/08/18/1764047-ap.html
DALLAS (AP) - 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 three million digital video recorders.
Despite the temporary setback, TiVo shares jumped nearly 10 per cent in Friday afternoon trading.
The appeals court blocked an injunction issued late Thursday by a federal district court judge in Texarkana. The injunction stemmed from 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 damages EchoStar should pay to $89.6 million from the jury's verdict of $74 million. TiVo's lawyers asked the jury to award $87 million.
The judge, however, could have tripled the jury's amount because jurors found that EchoStar wilfully infringed TiVo's patent.
TiVo is considering seeking a larger award on appeal, said spokesman Elliot Sloane. EchoStar has not yet appealed the damages but could still do so.
The judge 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 that the turn-off order had been blocked, at least temporarily, by the federal appeals court in Washington. The company said it was altering its recorders to avoid future claims of patent infringement.
EchoStar spokeswoman Kathie Gonzalez said more than three million of Dish's 12 million subscribers use an EchoStar recorder that would have been affected by Folsom's ruling.
TiVo noted that the appeals court said it didn't rule on the merits of its case against EchoStar. TiVo called the delay "routine" as the appeals court decides whether to block the injunction while the Texas judge's decision is appealed. The court gave TiVo until next Wednesday to respond to Friday's action.
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 64 cents, or 9.9 per cent, to $7.13 in afternoon trading on the Nasdaq Stock Market. EchoStar shares dropped 43 cents, or 1.3 per cent, to $32.32.
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.