TiVo Inc. v. EchoStar Corp.
United States District Court for the Eastern District of Texas and the United States Court of Appeals for the Federal Circuit ( 2004 - 2011)
1-The Plaintiff : TIVO , INC
2- The Defendant : EchoStar Communications Corporation and it’s consortium(Echostar DBS Corporation, Echostar Technologies Corporation, Echosphere Limited Liability Company, and EchoStar Satellite LLC )
Case Introduction Brief :
This case is about tivo company (a developer and provider of software and technology that enables the search, navigation, and access of content across sources, including linear television, on-demand television, and broadband video) which has invented a revolutionary DVR(digital video recorder) device into the market March, 1999 , so in January, 2004 – TiVo files a complaint in the United States District Court for the Eastern District of Texas against EchoStar for infringing on TiVo’s ‘389 patent. on which this patent DVR technology enables television users to "time-shift" television signals, that is, to record a television program in digital format and enable the user to replay, pause, fast forward, or reverse while the program is playing on the user's television set. The technology enables time shifting both for previously recorded programs and for programs that are currently being recorded . so later the first court judgement where in favor of tivo , then after that EchoStar makes trivial changes to its software and continues its infringement ,then they appeal , and goes for a patent examination and extend the case to the supreme court .
-On April, 2006 A jury in the Eastern District of Texas finds EchoStar had willfully infringed on
TiVo’s patent claims, and awards TiVo $74 million in damages
four month later -The trial judge, finding that EchoStar’s infringement caused irreparable harm to
TiVo that could never be adequately remedied with money damages, issues an injunction
ordering EchoStar to cease infringement and to disable its infringing technology in its adjudged
products that were already placed with customers
- two month later After successfully arguing for a stay while appealing the lower court ruling on
the basis it would lose $90 million a month in the event of a DVR shutdown, EchoStar makes
trivial changes to its software and continues its infringement
Major Facts :
- The US Court of Appeals for the Federal Circuit in January, 2008 affirms the District Court’s
judgment of infringement of claims 31 and 61 of the ‘389 patent and the permanent injunction.
The same day, EchoStar unilaterally announces that because of its slightly modified software,
the injunction will have “no effect.”
-May, 2008 –, EchoStar files a complaint in Delaware against TiVo after a status conference back in the trial court seeking a declaratory judgment of noninfringement of TiVo patent claims due to the workaround it just asked the trial judge in Texas to review (EchoStar’s case was later...