No ruling yet in TiVo vs. EchoStar patent case

By Ed Oswald | Published September 5, 2008, 3:45 PM

The judge presiding over the patent case between TiVo and EchoStar has delayed any ruling until possibly November, buying EchoStar some time and causing TiVo some short term duress.

TiVo's share value plunged 16.5 percent on Thursday as news of Judge David Folsom's plans broke, although it had rebounded nearly nine percent on Friday to nearly $8 in late afternoon trading.

Shareholders had been expecting a favorable ruling for the company, and Thursday's seemingly knee-jerk reaction could be interpreted as investors worrying that a delay in any ruling may be a positive development for EchoStar.

While a ruling may not come until November, the judge did indicate, according to Reuters, that he would like to have a ruling by October 1, but apparently could not guarantee it.

EchoStar already owes TiVo about $94 million, as determined by the original ruling in 2006. However, the DVR maker argues the company now owes $220 million additionally, figuring in the extra year and a half spent that the case was in appeal.

TiVo did not have much to say about the developments, only saying that "the court is considering the arguments that it heard today and we remain confident in the outcome." It is also asking the court to enforce a portion of the ruling which required EchoStar's Dish Network to disable its DVRs. EchoStar argues that this should not occur, since the company updated its DVRs' software to "work around" TiVo's patented technologies.

Either way, this ruling appears to be nearly the end of the road for EchoStar. With an appeals court upholding the judgments against it, and another refusing to rehear the case, its only remaining option is the Supreme Court. And that's not the most hopeful option, considering the relatively few number of cases the nation's highest court is willing to take.

View comments by with a score of at least

PDC 2009: What have we learned this week?

There was the freebie that no one will forget, the heebie-jeebies courtesy of Scott Guthrie, and a teensy bit clearer picture of how this cloud thingie should work.

Live report: Will Google Chrome OS change Linux?

The mysteries of just what Chrome OS is, and how much of an operating system it truly is, may be resolved today.

PDC 2009: Microsoft cares about Web browser performance

The effort to give users of the world's dominant Web browser the impression of quality, is a personal one for the man who leads that battle.

Nokia re-affirms its commitment to Symbian, sort of

Maemo won't necessarily be replacing Symbian in the Nokia N-Series, but that's definitely a place where it will be found.

E-book readers will be in short supply this holiday season

E-readers are hot this year, and a lot of compelling new products have been released, but are there enough electrophoretic displays to go around?

Sony looks to finally open a single storefront for downloads

Sony has had many different download portals for movies, music, e-books, and games, and now it's looking to make a single shop for all of it.

Tuning out the tablet: Time to give the endless speculation a rest

Wide Angle Zoom: Wishing and hoping and thinking and praying....won't put an iTablet on the market.

Five improvements for IT managers in 2010

If businesses are to improve their efficiency for next year, they need to stop and reassess the basic tenets of their job.

AOL's spinoff from Time Warner to shed 2,500 jobs

As AOL moves toward become an independent company again, it will cut nearly a third of its workforce.

Gartner: SMS-based money transfer will be bigger than mobile browsing, search

Gartner issues its predictions for the 10 things our phones will be doing in 2012.

Don't forget to upgrade to Firefox 3.6 beta 3 today

Mozilla has released the latest beta its Firefox 3.6 browser software, just over one week after beta 2.