Friday marked a status conference between TiVo and Dish Network/EchoStar before the trial judge (transcript is here, thanks to Mainer_Ayah at InvestorVillage). Nothing was really accomplished, they’ll meet again on September 4th for a contempt hearing on the injunction against Dish Network. And it looks like the court will not be considering Dish Network’s claim of a workaround with their new software. The court will also consider enhancing the damages awarded to TiVo.
And, seemingly in response to the court not considering their workaround, Dish Network & EchoStar filed suit against TiVo in a Delaware court, asking them to find that their new software does not infringe on TiVo’s ’389 patent. A victory would allow them to continue selling DVRs with the new software without threat of further litigation. However, it seems highly unlikely that the case will reach the court in Delaware before the Texas court meets again in September. So it isn’t clear what, if any, impact this will have on the existing case.
Multichannel News has some good coverage of the situation.
