Dale Dietrich
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DAY SEVEN: TiVo-EchoStar Trial (Friday Apr. 7)

Categories: CasesPatents

- Text of “Multi-Media Time Warping Patent” in Dispute
- Claim Construction Order (August 18, 2005)
Echostar called Stanford Professor Margaret “Maggie” Johnson to refute testimony by TiVo’s witness Dr. Jerry Gibson. By analogy to writing novels she testified that TiVo and Echostar used different approaches to writing software to achieve the same end. [Dale's Note: Frankly, I don't understand the point or substance of this testimony - based on the account in the article linked below!]. Moving on … TiVo next cross-examined Dr. Tom Rhyne. TiVo attempted to discredit Dr. Rhyne by painting him as an expert-for-hire. As Echostar had earlier done with a TiVo expert, Tivo’s lawyers ensured that the court learned that Mr. Rhyne was being paid $495 per hour as an expert witness. Rhyne acknowledged that TiVo inventor Jim Barton “knows more about DVRs” than he. Both Rhyne and Johnson acknowledged that they relied on what they were told by Echostar engineers as the basis for their testimony [Dale's Note: Frankly, I don't understand the point or substance of this testimony - based on the account in the article linked to this story! Please review it yourself to see if you can make heads-or-tails of it.] The last Echostar witness to testify Friday was Dan Landreth, Echostar’s V.P. of Engineering. He testified that in 1997 he and others from his prior company, Media Four, made a “sales pitch” to Echostar about their MRX1 “media stream receiver” invention which he claimed had “time-shifting” capabilities. He demonstrated the MRX1 to the jury. Landreth said that Echostar subsequently purchased Media Four and all of its I.P. Under cross-examination Landreth said that Echostar abandoned the MRX1 and a patent that had been pending for it at the time of the merger. Chu said that in order for a consumer to have a functioning MRX1 receiver it would have cost almost $5,000. [Dale's Note: The article does not indicate whether Landreth agreed with this.] Landreth, however, showed the jury a copy of a check for one of the first sales of the MRX1 receiver in the amount of $60,000. Landreth also admitted that at the time of the buy-out, Media Four’s sales had “dropped to zero.”

Sources: Marshal News Messenger

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