Tivo has filed an appeal to the Texas Federal Court regarding the enhanced damages regarding DISH's infringement of TIVO's Patents. One can only think that the reason TIVO filed this was to prevent DISH from getting a permanent Stay until the appeals court can settle the initial ruling. This time 1 - 2 years would give DISH the opportunity to replace all infringing DVR's.
This was File on September 21st, 2006 by Tivo to the Texas Federal Court Ruling:
"Notice is hereby given that Plaintiff TiVo hie. cross-appeals to the United States Court ofAppeals for the Federal Circuit from the Amended Final Judgment entered by this Court onSeptember 8,2006 [document 806] and the Final Judgment entered on August 17, 2006[document 776] to the extent that the Court
(1) did not find literal infringement of claims 31 and61 by all accused products, and from any other orders, rulings, findings, and/or conclusions ofthe Court on related issues, including, but not limited to, the following: April 13, 2006 JuryVerdict [document 690], March 15, 2006 Order denying TiVo's Cross Motion for PartialSummary Judgment of Infringement [document 530]; and
(2) did not award enhanced damagesand did not determine that this was an exceptional case entitling TiVo to recover attorneys fees,and from any and all other orders, rulings, findings, and/or conclusions of the Court on relatedissues, including, but not limited to, the following: August 17, 2006 Order denying TiVo'sMotion For Treble Damages And For A Determination That This Is An "Exceptional Case"Entitling TiVo To Recover Attorneys' Fees [document 775]; and May 16, 2006 Order [document729]."