02-Nov-09 09:18 ET
In Play
TiVo: EchoStar scheduled for oral argument today on DVR patent appeal; TiVo enters appeal with probabilities on its side - Stifel (10.88 ) : Stifel notes that oral argument is scheduled to begin at approx 11:00 ET today in EchoStar/Dish's (SATS/DISH) appeal from the district court's June '09 decision finding the co in contempt of the 2006 injunction in favor of TIVO's for patent infringement. In granting Dish's petition for a stay of the contempt order, the Federal Circuit expedited its review, which suggests a Dec/Jan time frame is a reasonable benchmark for delivering its opinion. Firm says there are vulnerabilities in both of Judge Folsom's theories, particularly in the disablement theory his opinion perhaps hews too closely to TiVo's advocacy, and SATS has kicked up enough dust around the infringement theory to raise a question whether a contempt proceeding was appropriate. However, TiVo enters the appeal with the probabilities on its side in the sense that it need prevail on only one of two theories, and with the burden of proof on its side on one.

--Tivometoo