TiVo might be dying on the vine, but at the rate they're racking up lawsuit wins they may survive yet. TiVo's stock skyrocketed after a federal court shot down Echostar and Dish's recent appeal. Possibly next: Dish DVR shutdowns.
This decision upholds last fall's ruling that found Dish in contempt for not cancelling their patent-infringing DVR service. The total damages add up to $US400 million, plus attorneys fees.
Dish and Echostar have been appealing to keep their DVR services up and running, though now that they've lost at the federal level that'll be difficult to sort out. They're asking for a Federal Circuit review, though, and plan to propose a workaround that will keep their DVRs functioning, according to the following statement, all of which would at least delay the end of their DVR services:
"We are disappointed in the Federal Circuit's split decision, but are pleased that Judge Rader agreed with our position. Therefore, we will be seeking en banc review by the full Federal Circuit. We also will be proposing a new design-around to the district court for approval. At this time, our DVR customers are not impacted."
Still, though, they're dangerously close to having the plug pulled.
Meanwhile, TiVo's stock got a boost from the announcement that was degrees of magnitude greater than the Street's reaction to Tuesday's TiVo Premiere announcement. But hey: when you've got patents, who needs products?