Legal Question in Intellectual Property in Texas

Echostar vs. TiVo Patent and Personal Property

I own a DishPVR from Echostar, on which I receive and digitally record their satellite broadcast. TiVo seems to have won a case that this device violates their patent. Part of the repercussions are reported to be that Echostar will need to shut off the DVRs on their system.

Many DishPVRs are leased from Echostar, so they are Echostar's property. I understand that they can be required to shut off those devices (or at least remove the offending features).

But I own my DishPVR. Just because it is technically possible for Echostar to shut off my box, how can they be required to modify my private property?

If I had bought an independent electronic device that was found to be in violation of a patent, the manufacturer (or retailer) could not be asked to compel me to bring it in so they could take it or cripple it. The violator would be forced to pay a penalty, but I as a customer wouldn't have any liability or penalty, right? Even if I brought my device in for repair, they can't modify it without my permission either, right?

Can you explain how the DishPVR that I bought and paid for (no lease fee, no PVR fee) is different?

Oh, and as an affected party, do I have the right to ask this question of the presiding judge?


Asked on 2/08/08, 4:02 pm

1 Answer from Attorneys
Nancy Delain Delain Law Office, PLLC

Re: Echostar vs. TiVo Patent and Personal Property

You need to hire an attorney to handle this matter for you. What you have here is a conflict between your bought-and-paid-for personal property (the physical dish) and the patent owner's bought-and-paid-for personal property (the patent). The questions of law this brings up are FAR too complex for this board.

THE INFORMATION PRESENTED HERE IS GENERAL IN NATURE AND IS NOT INTENDED, NOR SHOULD IT BE CONSTRUED, AS LEGAL ADVICE. THIS POSTING DOES NOT CREATE ANY ATTORNEY-CLIENT RELATIONSHIP BETWEEN US. FOR SPECIFIC ADVICE ABOUT YOUR PARTICULAR SITUATION, CONSULT YOUR ATTORNEY.

Read more
Answered on 2/09/08, 2:14 pm


Related Questions & Answers

More Intellectual Property questions and answers in Texas