win or lose...
Who thinks Tivo has a chance in hell of staying in business after the fact?
The inevitable is what it is...
Patents that have already been reexamined and emerged unscathed (as the TiVo patent did) are much more bulletproof than patents being reexamined for the first time. Every claim of TiVo's patent was reexamined. Each and every one.
The really hilarious thing is that Dish only asked for reexamination of a few claims back then. TiVo said screw that, reexamine all of the claims. Each and every claim was affirmed, all 61 of them. Not a single word was changed.
... and there is a dispute. Don't say it's undisputed. There are sometimes minor changes to claims to clarify based on examiner's suggestions. That's the 59% of first time claim changes and again, this ain't the first time and no examiner ever suggested changes to TiVo's patents as result of the year long reexamination. Just the opposite.
The funniest part is that anyone with enough money can request a re-exmination.
That's right. It costs money. You don't even need a reason, you just write a check and the USPTO is more than happy to take it.
If I wanted to waste my shareholders money, I could request a re-examination too.
Once again, this is nothing but a Hail Mary by Charlie. All he's going to accomplish is paying to have Tivo's patents made even more bulletproof.
Tivo should thank Charlie. They won the first time and they will win again. Nothing has changed except the price Charlie is paying.
Oh fiddlesticks. A scorched earth policy would have Charlie buying out Tivo, canning everyone who was ever associated with the firm, and then turning around and suing everybody else for patent infringement.
And every day that Charlie delays a deal, the price to settle goes up.
win or lose...
Who thinks Tivo has a chance in hell of staying in business after the fact?
The inevitable is what it is...
Let's see. Cable deals in place. Directv deal in place. Soon a deal with cheap Charlie.
I think TiVo will be around for a very long time.
Tivo is at break even with $200 million in cash. They just signed a more favorable (for Tivo) deal with DirecTV. I believe it was something like $3 a box with a minimum payment from DirecTV every month.
If DirecTV is paying $3 a box without the hassel and costs of litigation, can you imagine what Charlie is going to have to pay? $4 a box? $5
I don't think they are going anywhere for a while thanks to Charlie. Even without Charlie's money they'll be around for a while.
Oh, and win or lose Charlie still owes close to $200 million more in damages.
You 'think' too much, but don't 'know' anything....![]()
Let's first clarify one thing, the reason we are even talking about this new lawsuit is an admission that TiVo might fail on the contempt issue, why?
For a very long time, TiVo folks talked about why E* was in contempt on the face, new design or not, to today talking about the new case may be many years from now, that is a huge change of attitude already![]()
Now you of course can have your opinion
the problem is TiVo folks cannot face facts.
The fact is
in any reexamination, once granted, the statistics do not lie. Among all such cases, 72% of the chance the patent claims are invalidated in whole or in part. This much is undisputed.
Why? For the USPTO to even grant a reexamination, there has to be very good justifications.
The fact TiVo got its patent validated last time was against the odds, very good I must admit, but it does not change the fact the odds are against TiVo once a reexamination is granted.
That is of course a different point. While it is possible the appeals court may not stay the order, most times the orders are stayed pending appeal.
But let's not hold our breadth on this one,
:neener:neener:neener:neener
This is the only reponse you deserve for that comment.
Yes...they will be around for 'a while'....I agree to that...
unfortunately, I plan on living longer than 'a while' so I tend to think in longer terms...
It's better to burn out than to fade away, rust never sleeps.![]()
Not true on contempt. The vast majority of cases do not get stayed (look it up in Nolo's Compendium of Law Statistics, Volume 15). In fact, even if contempt is not found, it is a near certainty that Judge Folsom will grant a temporary injunction from DISH selling any DVRs during the trial as a result of their past behavior.
Ok...that made no sense...
because rust is precisely the problem...
Uh, no. We are talking about the new lawsuit because it is automatic whether the contempt issue fails or not. DE just made it easier to talk about.
"huge change" of attitude? Uh, no again. I still think they'll be found in contempt "on the face" (I assume you mean prima facie). It's just taking longer than I thought. But it's taking longer because Judge Folsom is taking this further than simple prima facie contempt and turning into both prima facie contempt for the 4+ million already-adjudicated receivers and ksm-style contempt for those sold since. D-Day for Dish.
Well golly gee, thank goodness yer letting us have us our opinion. I'm mighty obliged that you've let us have our lil' ol' thoughts on this thang for which you are so clearly intellectually superior to us simple folk. ("dripping with sarcasm" smiley goes here)
You have identified the wrong party (it's not DISH who cannot face facts), but correctly identified the issue. TiVo continues to pile up win after win over DISH (and they have $105 million and the bank to show for it), yet DISH keeps claiming victory. If they claim victory after each $105 million, I'm all for them winning another dozen times.
![]()
Why, three words in and you've already made a fatal mistake in reasoning. Might have broken your own internet record. LOL.
Undisputed by whom? If I say "I dispute those statistics" is it still undisputed? (I hereby dispute those statistics). And, pray tell, please let me know the statistics for a patent that has already once successfully survived a re-exam.
Do you know that 4 out of 5 dentists recommend Trident Gum to their patients? Therefore, TiVo has an 80% chance of winning the case.
Please, if you are going to pull magical statistics out of a hat, please try to make them funny so we can all laugh at your quick wit.
Actually, quite the opposite. It is undisputed that any patent that has successfully survived an initial re-exam survives further re-exams in 96% of cases. It's all but certain that it survives again.
...In fact, even if contempt is not found, it is a near certainty that Judge Folsom will grant a temporary injunction from DISH selling any DVRs during the trial as a result of their past behavior.
I'm holding my width.
It is not a lie, it is a joke! (You misspelled "breath".)That is a total lie, I can say this for sure, if you have been holding your breadth, you have done so for over a year already, you would not be talking here todaySo it is a lie.
Thanks...a testimony to its accuracy....![]()
nobody99 said:I'm holding my width.jacmyoung said:But let's not hold our breadth on this one
dictionary.com said:breadth-noun
1. the measure of the second largest dimension of a plane or solid figure; width.
2. an extent or piece of something of definite or full width or as measured by its width: a breadth of cloth.
dictionary.com said:joke–noun
1. something said or done to provoke laughter or cause amusement, as a witticism, a short and amusing anecdote, or a prankish act: He tells very funny jokes. She played a joke on him.
nobody99 said:I'm holding my width.
jacmyoung said:That is a total lie, I can say this for sure, if you have been holding your breadth, you have done so for over a year already, you would not be talking here today So it is a lie.
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