EchoStar was granted a temporary stay in federal appeals court today. Meaning (you guessed it) more press release posturing! Assuming cooler heads prevail, this should buy both parties some time to work out a licensing deal.

EchoStar says: We are pleased that this morning, the Federal Circuit Court of Appeals in Washington, D.C. temporarily blocked an injunction issued by a Texas Court, while it considers a longer-term stay of that injunction. As a result of the stay EchoStar can continue to sell, and provide to consumers, all of its digital video recorder models. We continue to believe the Texas decision was wrong, and should be reversed on appeal. We also continue to work on modifications to our new DVRs, and to our DVRs in the field, intended to avoid future alleged infringement.

TiVo says: We are very pleased by recent developments involving the issuance of a permanent injunction in our patent case against EchoStar by the United States District Court, Eastern District of Texas. The court of appeals temporarily stayed the district court injunction until it reviews the papers submitted by the parties and decides whether a stay should or should not be in effect for the duration of the appeals process. The court stated that the temporary stay is not based on a consideration of the merits of EchoStar’s request, and is entered to preserve the status quo while the court considers the parties’ papers.

Here we go again with the dueling press releases…

TiVo says: “TiVo is pleased that Judge Folsom has granted a permanent injunction against EchoStar’s DVR products along with supplemental damages and interest. This decision recognizes that our intellectual property is valuable and will ensure that moving forward EchoStar will be unable to use our patented technology without our authorization.

“TiVo is built on a strong foundation of innovative technology and intellectual property. Beyond the U.S. Time Warp patent, we now hold more than 86 patents in our worldwide patent portfolio and have more than 138 patent applications pending. TiVo has a long list of licensees in the consumer electronics, cable and satellite markets, and we will continue to license our technology under appropriate circumstances and arrangements. We will also continue to vigorously defend our intellectual property for the benefit of our licensees and shareholders.”

EchoStar says: This morning, EchoStar will ask the Federal Circuit Court of Appeals to block an injunction issued by a Texas Court yesterday, while EchoStar appeals that decision. The Texas judge did not grant treble damages or attorney fees to Tivo, but he did let stand the jury decision that EchoStar digital video recorders infringe a Tivo patent, and immediately enjoined continued sale of allegedly infringing DVRs. The injunction would also require that allegedly infringing DVRs in consumer homes be shut off within 30 days.

We are pleased the Court concluded EchoStar did not act in bad faith and did not copy Tivo’s technology, and we intend to continue our vigorous defense of this case. We believe that, for a number of reasons, the Texas Court should be reversed in all other respects on appeal. We also continue to work on modifications to our new DVRs, and to our DVRs in the field, intended to avoid future infringement. Existing DISH Network customers with DVRs are not immediately impacted by these recent developments, and we will keep consumers informed as events develop. We hope to have additional information for our customers very soon.

Never enough time…

• First look at Amazon movie downloads. (Hacking Netflix)
• 1080p meaningless this generation. (Ozymadias)
• Lions Gate films coming to iTunes? (paidContent)
• Smaller colleges broadcast sports on web. (Ask)

The ruling is in: Within 30 days, all infringing Dish DVR functionality must be disabled and TiVo’s initial award comes to about ninety million big ones. The market should be interesting tomorrow AM and EchoStar is sure to appeal. If you’re just tuning in, you can catch up here — otherwise check out the official court ruling below.

UPDATE 1: TiVo and EchoStar respond with dueling press releases.

UPDATE 2: EchoStar is granted a stay, cause for more press releases

(more…)

Payday Advance from $100 to $1500

Never enough time…

• Record every new fall season show with BeyondTV. (SnapStream)
• Hand’s on with the MPEG4 HD DirecTV receiver in LA. (DBSTalk)
• Portable Sirius receiver outed by Crutchfield. (Orbitcast)
• How-to replace dead drive in a DirectTiVo. (Engadget)
• RealNetworks to offer open source support for WMV on Linux. (ZDNet)

I’m not entirely sure what this is all about, but Tupperware TiVo lovers can now impress their heathen friends with corporate support comprised of “special programming, exclusive offers, and entertaining tips.” Provide your email, and they’ll get in touch when applications are being accepted.

TiVo House Party:

• You spread the word, share the love, and show your passion for TiVo.
• You enjoy entertaining with family and friends.
• Now you can do both by hosting a TiVo Party! Apply to join a select group of TiVo insiders.

(Thanks PW!)