I don’t have a lot of details on what will be reheard in the TiVo/DISH/Echo DVR patent infringement saga, as the story is breaking and I’m hopping on a plane in minutes. (I’m also no lawyer.) But I believe this is specific to continued infringement and contempt related to DISH’s workaround, rather than a revisit of the original patent dispute (and TiVo victory). TiVo shares are currently plummeting, down more than 1/3rd. I’ll try to update this item when I land, should additional details present themselves. From Business Week:
TiVo Inc.’s legal victory against Dish Network Corp. and EchoStar Corp. for infringing a patent on digital-video recording services will be reconsidered by an appeals court. The court said it will consider whether the judge erred in not giving Dish a trial to determine if its workaround was still infringing TiVo’s patent.
We are disappointed that we do not yet have finality in this case despite years of litigation but we remain confident that the Federal Circuit’s ruling in our favor will be reaffirmed after all of the judges on the Federal Circuit have had the opportunity to review the merits of this case
DISH Network and EchoStar are pleased that the full Federal Circuit Court of Appeals has granted their petition for rehearing en banc. We believe the issues that will be considered by the full court on rehearing will have a profound impact on innovation in the United States for years to come.