DAY TWO: TiVo-EchoStar Trial (Thurs Mar 30)
Former electrical engineering professor Jerry Gibson testified that on his analysis of the two boxes, the Echostar box used 11 technologies claimed in TiVo’s patent. He demonstrated how the Time Warp patent works by showing a Dallas Cowboys touchdown (talk about playing to his audience! ) He testified about the TiVo media switch at the heart of the patent. Judge Folsom told the jury they could find infringement even if Echostar did not directly copy the TiVo technology. Lead inventor Barton described how he took a prototype to Echostar early on. He left the prototype with promises it would be returned the next day. It never was. Barton also testified about later sessions where the box was opened and TiVo explained to EchoStar engineers how the technology worked.