TiVo’s Recent Filing In EchoStar Case

TiVo made a filing with the court yesterday in their case with EchoStar, and it has been posted over at InvestorVillage. Here’s the first part of their filing:

Dear Judge Folsom:

Pursuant to the Court’s April 23, 2008 Order (Docket No. 822), plaintiff TiVo submits two topics of discussion for the status conference on May 30, 2008: (1) Enforcement of the Court’s Permanent Injunction, and (2) Determination of the damages TiVo sustained during the stay of the injunction. The issues relating to each topic are set forth in Section B of this letter.

To provide prompt resolution of these issues, TiVo requests:

• A hearing at the earliest possible date to determine whether EchoStar should be held in contempt for its failure to disable the DVR functionality in the Infringing Products and for its placement of new infringing DVRs (and new EchoStar products that are only colorably different); and

• Permission to serve limited discovery to obtain additional information before determining the damages TiVo sustained during the stay of the injunction, and, if necessary, bringing a motion for an order to show cause why EchoStar is not in contempt for the continuing use of the Infringing Products, changed only by downloading modified, but still infringing, software (and new EchoStar products that are only colorably different).

TiVo is also prepared to address any questions that the Court may have about the pending Bill of Costs that TiVo submitted on September 22, 2006, which is awaiting resolution. TiVo’s requested costs total $333,600.03.

The Honorable David Folsom

There is a lot more in the complete filing, so check it out if you’re interested. TiVo does not agree with EchoStar that the latter’s software update has eliminated the infringement:

On May 12, 2008, EchoStar made its modified source code available for review by TiVo. EchoStar also waived privilege and produced to TiVo three opinions of counsel relating to EchoStar’s modified software. After review of the software that EchoStar provided and the opinion letters, TiVo does not believe that the modifications avoid infringement.

So the saga continues, despite recent analyst speculation that Dish Network is close to settling with TiVo.

Thanks to reader Jack for the heads up on the post.

EDIT: Here’s a link to the full filing with exhibits, as a PDF. Created and posted by ‘Mainer’ from the InvestorVillage boards.

Disclaimer: I’m currently employed by Sling Media, which is owned by EchoStar.

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