DAY THREE: TiVo-EchoStar Trial (Fri Mar 31)
Professor Gibson continued his testimony. He compared six EchoStar PVRs and believed they all contained infringing “trick play” functionality covered by TiVo’s patent, including replaying live broadcasts in slow motion, recording of the current live programming, fast-forwarding, freeze-framing, pausing and re-starting live broadcasts. After cross, EchoStar’s counsel, Rachel Evans asked the judge to strike Gibson’s testimony arguing that he is not an expert computer programmer/researcher as is Echostar’s upcoming expert witness. Gibson countered that he has written software since he was 18 and reviewed student software as a professor. The judge refused to strike his testimony ruling that Gibson was indeed an expert. There will be no proceedings on Monday. The trial continues on Tuesday. Thanks to the Marshal News Messenger for continued daily coverage!