Appeals Court says E* is likely to prevail – Grants Stay of Injunction

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In its decision to stay the injunction against E*, the Appeals Court stated that E* had met the burden of showing it is likely to prevail on both the Hardware and Software Claims.

In their Press Releases, Echostar said the Appeals Court Ruling their belief that the lower Texas Court erred, while TiVo claimed confidence that the Jury’s Verdict will ultimately be upheld. Maybe TiVo didn’t read very carefully.

While TiVo’s case continues to deteriorate, TiVo has paid IBM an undisclosed sum related to a cross license agreement on each other’s patents.

TiVo is also trying to reinstate certain key Claims to the Patent which the Lower Court issued the Judgement on. (Patent office link)

I continue to call for settlement of all issues between the companies for a modest sum to TiVo – perhaps $15M – together with a modest per box royalty from E* in the $2-5 range.

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http://www.zatznotfunny.com/2006-10/interesting-news-dave-hasnt-covered-60/

“Because EchoStar’s DVR was found to infringe both the hardware and software claims, to obtain a stay of the injunction, EchoStar must show that it is likely to prevail on its arguments concerning both sets of claims. Based upon our review of the motions papers, and without prejudicing the ultimate determination of this case by the merits panel, EchoStar has met its burden of showing that there is a substantial case on the merits and that the harm factors militate in its favor. Thus, the motion for a stay is granted.”

TiVo shares fall in after hours trading on EchoStar appeal(AP Online)

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