- Journal Archives
- Volume 17
- Volume 16
- Volume 15
- Volume 14
- Volume 13
- Volume 12
- Volume 11
- Volume 10
- Volume 9
- Volume 8
- Volume 7
- Volume 6
- Volume 5
- Volume 4
- Volume 3
- Volume 2
- Volume 1
TiVo, perhaps the company best known for digital video recording (DVR) technology, is currently locked in a battle for survival. As most satellite and cable companies have started offering DVR services, TiVo’s market share has steadily dwindled to occupy only 8 percent of the 38 million DVR users in the United States. While the use of TiVo hardware in particular has significantly decreased, the company’s hopes lie in licensing its patented technology to other providers. Recently, the company has been involved in litigation that may prove vital to its ability to compete with satellite and cable companies.
In 2006, TiVo sued and prevailed against one of its rivals, Dish Network. TiVo claimed the defendant’s EchoStar boxes infringed on TiVo’s patented “time-warp” technology patent, which allows the user to record one show while viewing another. As a result of that suit, TiVo collected more than $100 million in damages, and the district court ordered Dish Network to stop use of its nearly four million EchoStar boxes.
However, Dish Network has not yet shut down any of its boxes. Instead, the company invested $2 million, fifteen engineers, and 8,000 man-hours to develop a software “design-around” of TiVo’s patent, which is now used by all EchoStar boxes.
In 2009, a district court found Dish Network’s new software to be insufficiently different and again ordered the company to stop use of its EuroStar boxes. The court also required the company to pay $200 million for contempt.
Dish Network appealed the decision before a three-judge panel and lost. However, both parties reargued the case before an en banc panel of judges from the court of appeals on November 9, 2010. A decision is expected by the end of the year.
But TiVo has another weapon in its arsenal. In October of this year, the U.S. Patent and Trademark Office reaffirmed TiVo’s patent for its “time-warp” technology. However, despite this ruling, the court of appeals may still find that Dish Network’s “design-around” software for EchoStar is sufficiently different from TiVo’s technology. If decided so, TiVo’s future looks bleak indeed.
– Meredith Lawrence
Tagged with: advertising • contracts • design-around • digital video recording • Dish Network • DVR • EchoStar • en banc • entertainment • film/television • financial • government • hardware • intellectual property • lawsuits • license • litigation technology/legal process technology • media • patents • progress • technology • Time Warp • TIVO • U.S. Patent and Trademark Office
Recent Blog Posts
- Neiman Marcus Shoppers Suffer Financial Injuries! Possibly
- Facebook Gears up for Trademark Fight With Brazilian Competitor
- Draft Kings: A fantasy sports betting website valued close to $1 Billion
- Are Design Patents Really a Wise Investment Now?
- The Door Left Ajar: Navigating the Patent-Antitrust Paradox in Light of King Drug Co. v. GlaxoSmithKline
- Will Feds Preempt Tougher State Data Breach Laws?
Tagsadvertising antitrust Apple books career celebrities contracts copyright copyright infringement courts creative content criminal law entertainment Facebook FCC film/television financial First Amendment games Google government intellectual property internet JETLaw journalism lawsuits legislation media medicine Monday Morning JETLawg music NFL patents privacy progress publicity rights radio social networking sports Supreme Court of the United States (SCOTUS) technology telecommunications trademarks Twitter U.S. Constitution