TiVo Seeks Echostar DVR Injunction

We haven’t heard a whole lot since the jury ruled in favor of TiVo. However, today the Rocky Mountain News reports that TiVo is seeking an injunction against Echostar. We probably won’t learn much more until after next month’s bench trial. Stay tuned…

“Each day EchoStar is allowed to continue its infringement, EchoStar takes subscribers that would otherwise be TiVo’s,” TiVo wrote in a document available on the court’s Web site. “TiVo is a small company with essentially one product — its patented DVR technology. If TiVo cannot deliver this technology, its current business will fail.”

UPDATE: This morning (5/24), Echostar responded in the form of a press release:

“We are pleased that the United States Patent and Trademark Office yesterday rejected many of Tivo’s patent claims as invalid. That reexamination ruling, together with the favorable decision from the Court of Appeals earlier this month (finding that the Texas court abused its discretion in connection with key trial evidence withheld from the jury), are steps in the right direction as we prepare our response to Tivo’s recently filed injunction motion. Similarly, the favorable U.S. Supreme Court decision last week in the Ebay patent injunction case will be considered as part of the long process ahead.”

I have no idea which patents they are referring to or if this development has any bearing on the case. Is Echostar posturing for more favorable licensing terms or are they intent on fighting the verdict?

UPDATE 2: TiVo fires back with their own press release…

“The level of misleading spin that EchoStar is putting out with respect to our patent case against them is quite extraordinary. We are pleased to
state that the USPTO issued its first Office Action in the reexamination.
The USPTO reexamined all 61 claims set forth in the Barton patent
confirming the validity of most of the claims, including two of the claims
that EchoStar has been found to have willfully infringed. In the Office
Action, the USPTO expressly rejected the invalidity arguments put forward by EchoStar. While certain of the patent claims were rejected by the patent office, this should in no way impact the jury verdict. We will now be given an opportunity with the patent office to discuss our claims which we believe should result in a reaffirmed and strengthened patent. We will provide a real understanding of how this process works on our earnings call after close of market today.”