As I don’t typically track investor relations outreach, I’m not quite sure if this is unprecedented or not. But it does seem noteworthy… TiVo has launched a website summarizing their ongoing patent dispute with EchoStar/DISH Network. And, beyond itemizing their progressive court victories to investors, it appears TiVo’s challenging the judicial system to do the right thing (as they see it) and wrap this up once and for all:
As TiVo has argued in its brief to the full court, the case is important to the entire patent system because judges must have the authority to enforce their orders in patent cases. Otherwise, determined infringers will be able to force innovative companies — and the investors, suppliers, customers, and commercial partners who respect and rely on their patents — into an endless game of litigation cat-and-mouse.
We’ve been covering this issue for years, including that time I about fell asleep in the courtroom, and I’m mostly bored at this point — preferring to focus on technology over litigation. Also, early on in my blog career I made the command decision to avoid investments (to the best of my ability) in companies I cover. But we know who reads our blog… and figured you’d appreciate this little nugget.
I really wish this gets resolved soon. I know, lawsuits take years to resolve and prolonging/appealing to death is not uncommon, but this is ridiculous.
The best part of the site is the list of parties that filed amicus briefs. Some of them are head-scratchers, e.g. Agricultural Organizations (for TiVo) and Newegg (for Dish).
This indeed HAS gone on too long. Both companies would be better off working TOGETHER.
But I do agree with Echostar in the fact that how can a judge declare that you can not design a work around that does not infringe because any attempt to do so will still be considered infringing.
That make no sense.
If it does not fit you must acquit.
The case at this point is about why Dish did not turn off their DVRs when ordered by the court. Dish just kept gaming the court system. They never really tried to engineer a work around, just changed some terms in it’s explanation to the court. The original Dish law firm never even looked at the differences between the Tivo code and Dish code. How can that be a work around. Brother Ergen might be enjoying those fire side type chats about not paying for color TV all those years ago, but he has trouble paying for others work too. What a joke he is. What goes around comes around.
I disagree with you, they came up with a software work around and the judge didn’t want to hear it.
Thats a problem withthe Texas court system and is why Tivo could lose this case.
I do think that Charlie should have come to terms with Tivo a long long time ago though… it has dragged out too long now.
Scott, what do you mean that “the judge didn’t want to hear it?” He allowed the parties pretty extensive discovery, he held a three-day hear with testimony from half a dozen witnesses, and he wrote a 35-page opinion on the re-design. What’s your basis for your statement?
While I don’t agree with Scott, I do appreciate the fact that he disclosed that his site/forum is for satellite providers.