So it's good news for Dish Network PVR users, as a federal appeals court blocked the injunction to shut down existing devices, but bad news for Dish Network, as TiVo is trying to leech off some DISH subscribers while DISH's pants are down.
TiVo is a pioneer in Digital Video Recorder (DVR) products and services. TiVo is a relatively small company whose entire business centers around expanding and advancing DVR functionality and technology. TiVo introduced DVRs to consumers and protected its inventions with patents. EchoStar is a very large media company that provides DVR products and services in direct competition with TiVo. Unlike TiVo partners such as DIRECTV and Comcast, EchoStar has refused to enter into an agreement with TiVo which left TiVo no choice but to defend its intellectual property in federal court.
After several years of expensive litigation, in April 2006, EchoStar's DVR products were found by a jury to be infringing one of TiVo's patents. TiVo is pleased that a federal court has recognized that TiVo's business will be irreparably harmed if EchoStar were allowed to continue to infringe TiVo's patent. Any shutdown of DVR functionality for existing DISH Network customers is entirely and directly due to EchoStar's infringement of TiVo's patent rights. It is unfortunate that DISH Network's actions have put its customers in the awkward position of potentially having DVR functionality disabled but DISH Network customers who want to ensure uninterrupted DVR service can get DVR products and services from TiVo and its partners. [Emphasis ours]
Kind of a low blow, TiVo.