TiVo injunction bars Dish Network from selling four DVRs

By Justin Mann on April 21, 2008, 8:24 PM
The injunction that Dish Network is facing after their loss to TiVo might not be as bad as initially thought, but is still worse than Dish Network claimed. Originally, Dish had told their customers that none of their products would be affected. As it turns out, that's mostly true, as they were able to update the software on the boxes to avoid patent infringement. Unfortunately for some of their customers, there are still four models that they cannot update the software on. The models include the 721, 921, 942, and Homezone 1022, all of which are in the field.

According to Dish, customers with these units don't have to worry since the injunction affects sales of the units only, and not those already on customer's hands. Also because these models are quite old and have since been replaced by upgraded models, the actual impact on Dish may be minor. At the end of the day, the good news come for the customers that one way or another were not terribly affected by the legal battle.




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mainer said:
ccording to the injunction:Each Defendant, its officers, agents, servants, employees and attorneys, and those personsin active concert or participation with them who receive actual notice hereof, are herebyrestrained and enjoined, pursuant to 35 U.S.C. 283 and Fed. R. Civ. P. 65(d), from making,using, offering to sell, selling, or importing in the Untied States, the Infringing Products, eitheralone or in combination with any other product and all other products that are only colorablydifferent therefrom in the context of the Infringed Claims, whether individually or incombination with other products or as a part of another product, and from otherwise infringing orinducing others to infringe the Infringed Claims of the 389 patent.Defendants are hereby FURTHER ORDERED to, within thirty (30) days of the issuanceof this order, disable the DVR functionality (i.e., disable all storage to and playback from a harddisk drive of television data) in all but 192,708 units of the Infringing Products that have beenplaced with an end user or subscriber. The DVR functionality, i.e., disable all storage to andplayback from a hard disk drive of television data) shall not be enabled in any new placements ofthe Infringing Products.Both boxes for sale, and installed in users homes are affected. There are 4 million of them out there. Also, the court hasn't even looked at the "new generation" "non-infringing" software yet. Who the hell is Echostar to declare that they are not infringing when a jury and 4 federal judges have said they are? Echostar has been saying for years that they don't infringe, and suddenly they are able to come up with non-infringing software. Give me a break.
nirkon said:
if they really violate patents that tivo own.. they should start paying royalties or something.
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