The percentage of returned gadgets that have nothing wrong with them.
Of the $13.8 billion worth of returned products in 2007, only 5 percent were because gadgets were actually broken, according to a 2008 study.
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Really DISH's lawsuit is more of a strategy to put TiVo out of business rather than a true legal fight. I've seen it before at a company with whom I worked. A larger company sued the smaller one and kept appealing and appealing until the smaller one couldn't afford to keep fighting the legal battle and combined with other forces was required to sell out. TiVo has always struggled financially and I'm betting DISH is trying to help them along in the money woes.
Sorry, not quite it. This is to save Dish money.
This is a request for a declaratory judgment. It's like asking the court to tell you that something is or is not legal. Tivo has an injunction requiring Dish to not sell any DVR that infringes. Tivo hasn't sued over whether or not Dish's new DVRs infringe its timeshifting patent. But because of the injunction, all Tivo has to do to allege infringement of Dish's new DVRs is raise them before the court that issued the current injunction.
All Dish has done is raised the issue first, in the court of their choice; the idea is that the court in Texas will be bound by the decision of the court in Delaware. If Tivo raises it in Texas now, the court there should wait until the action commenced in Delaware has been decided. But Dish is the plaintiff in that action, so they have more control over the timing of that action.
Sorry, not quite it. This is to save Dish money.
This is a request for a declaratory judgment. It's like asking the court to tell you that something is or is not legal. Tivo has an injunction requiring Dish to not sell any DVR that infringes. Tivo hasn't sued over whether or not Dish's new DVRs infringe its timeshifting patent. But because of the injunction, all Tivo has to do to allege infringement of Dish's new DVRs is raise them before the court that issued the current injunction.
All Dish has done is raised the issue first, in the court of their choice; the idea is that the court in Texas will be bound by the decision of the court in Delaware. If Tivo raises it in Texas now, the court there should wait until the action commenced in Delaware has been decided. But Dish is the plaintiff in that action, so they have more control over the timing of that action.