Category — Injunctions

TiVo won a $74M patent infringement case against Echostar on April 13, 2006. On August 18, TiVo won an injunction preventing Echostar from making and selling infringing DVRs. The injunction was immediately stayed by the Court of Appeal. Today, the injunction was stayed indefinately pending Echostar’s appeal. This means that Echostar will not have to disable its several million deployed PVRs. “There is a substantial case” for EchoStar’s appeal, concluded Circuit Judge William C. Bryson and Echostar would be harmed if it had to shut down. The ruling wasn’t based on the merits of Echostar’s ultimate case.

Dale’s Comment: I can’t say this was unexpected. Disappointing, but not unexpected.

Sources: Forbes | Bloomberg | Business Week (AP) | Mercury News | BetaNews | Red Herring | Engadget | Zatz Not Funny | Davis Freeberg | Multichannel News | TiVo Press Release | Dish Press Release

Related Posts:

• Federal Circuit CA Blocks TiVo Injunction Against Echostar Pending Appeal (October 4, 2006)
• TiVo Wins Injunction Against Echostar – Appeals Court Grants a Temporary Stay (August 18, 2006)
  
• Echostar Follows RIM/NTP Playbook and Urges Judge to Stay TiVo Judgment (April 27, 2006)
• TiVo Wins Patent Infringement Case Against Echostar (April 13, 2006)
• TiVo Case Against EchoStar Headed to Jury (April 13, 2006)
• See Day-by-Day Trial Update Posts in March and April of 2006
  
• TiVo, EchoStar Head to Court (March 29, 2006)
• TiVo Against the Giants (March 15, 2006)

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Text of Injunction Order
Note: I’ll post a better version of the order when I find one.
Following on TiVo’s $73.9 million victory at trial against Echostar last April, Echostar has been ordered to disable DVRs used by several million of its customers within 30 days. TiVo did NOT win the treble damages order it requested but it did win an additional $5.4 million in interest and $10.3 million more in supplemental damages bringing the amount to nearly $90 million. While Judge Folsom denied Echostar’s request to stay the injunction pending appeal, within hours of the ruling Echostar reports that the order has been temporarily stayed by the Federal Circuit Court of Appeals.

Sources: ZDNet | Davis Freeberg | M.C. Smith Blog | MSNBC | Red Herring | Bloomberg | L.A. Times (AP) | Engadget 1 | Engadget 2 | MacNewsWorld | CNet (Reuters) | SiliconValley.com | TheStreet.com | Houston Chronicle (AP) | CIO | MarketWatch | CBS | HD Beat | PVR Wire | ars technica | Broadcasting & Cable | The Hollywood Reporter, Esq. | Multichannel News

Engadget Podcast (first 8 minutes) on the topic.

Related Posts:

• Federal Circuit CA Blocks TiVo Injunction Against Echostar Pending Appeal (October 4, 2006)
• TiVo Wins Injunction Against Echostar – Appeals Court Grants a Temporary Stay (August 18, 2006)
  
• Echostar Follows RIM/NTP Playbook and Urges Judge to Stay TiVo Judgment (April 27, 2006)
• TiVo Wins Patent Infringement Case Against Echostar (April 13, 2006)
• TiVo Case Against EchoStar Headed to Jury (April 13, 2006)
• See Day-by-Day Trial Update Posts in March and April of 2006
  
• TiVo, EchoStar Head to Court (March 29, 2006)
• TiVo Against the Giants (March 15, 2006)
  

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A Korean, P2P Network, Soribada, was shut down after its Central District Court to enjoined the service at the behest of the Korean Association of Phonogram Producers (KAPP — the equivalent of the RIAA in the US). A lower Korean court had previously cleared Soribada of wrongdoing.

Sources: DRM Watch | Chosun | The Register | afterdawn.com

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Text of Supreme Court Grokster Decision
File-sharing software vendor, Grokster, agrees to permanent injunction against copyright infringement after its recent U.S. Supreme Court loss.

Sources: PC World | MSNBC | Washington Post | San Jose Mercury News | L.A. Times | CNet | DRM Watch

Related Posts:

• One Year After Grokster Decision: File Sharing Continues Unabated (June 27, 2006)
• Grokster Shuttered in Court Settlement (November 7, 2005)
• U.S. Supreme Court Finds Grokster Liable (June 27, 2005)
• Grokster & Streamcast Win Major Court Victory (August 9, 2004)

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EFF Archive of Pleadings
Macrovision Corporation announced that it has won a preliminary injunction against the sale of widely-distributed DVD cloning products sold by 321 Studios LLC (“321 Studios”) under the name “DVD X Copy”. Judge Richard Owen of the Federal Court for the Southern District of New York issued the injunction on May 11, 2004 prohibiting 321 from selling various versions of its DVD copying software and their functional equivalents.
Sources: Digital Designer | Macrovision Press Release

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