Tivo patent infringed:
A process for the simultaneous storage and play back of multimedia data,
comprising the steps of:
[1] providing a physical data source, wherein said physical
data source accepts broadcast data from an input device,
parses video and audio data from said broadcast data, and
temporarily stores said video and audio data;
[2] providing a source object, wherein said source object
extracts video and audio data from said physical data
source;
[3] providing a transform object, wherein said transform
object stores and retrieves data streams onto a storage
device;
[4] wherein said source object obtains a buffer from said
transform object, said source object converts video data into
data streams and fills said buffer with said streams;
[5] wherein said source object is automatically flow
controlled by said transform object;
[6] providing a sink object, wherein said sink object obtains
data stream buffers from said transform object and outputs
said streams to a video and audio decoder;
[7] wherein said decoder converts said streams into display
signals and sends said signals to a display;
[8] wherein said sink object is automatically flow controlled
by said transform object;
[9] providing a control object, wherein said control object
receives commands from a user, said commands control the
flow of the broadcast data through the system; and
[10] wherein said control object sends flow command events
to said source, transform, and sink objects.
EchoStar contends that it undertook a Herculean effort in redesigning the DVR
software in its receivers so that it would no longer infringe the software claims in TiVos
patent. Primarily, EchoStar claims that it removed at least two key infringing elements
from the software in its Broadcom series receivers: video and audio data parsing, and
automatic flow control. Regarding the first modification, EchoStar claims that it
eliminated the parsing feature which was useful in creating an index of start codes of
the audio and video data. That index enabled trick play operations. The new
EchoStar DVR software is therefore indexless and performs those operations through
a brute-force method, utilizing average frame rate statistics to estimate the location of
any video data. With regard to the second modification, EchoStar claims that its earlier
software made use of a record buffer in addition to a pool of ten transport buffers. The
record buffer acted as intermediate storage for data being written to the hard drive when
each of the ten transport buffers was full. The record buffer also performed a blocking
function whereby data transfer from the transport buffers would be blocked until the
successful transfer of record buffer data to the hard drive. EchoStar claims that it
removed the record buffer and redesigned its software to transfer data directly from the
transport buffers to the hard drive.
Defendants are hereby FURTHER ORDERED to, within thirty (30) days of
the issuance of this order, disable the DVR functionality (i.e., disable all
storage to and playback from a hard disk drive of television data) in all but
192,708 units of the Infringing Products that have been placed with an end
user or subscriber. The DVR functionality, i.e., disable all storage to and
playback from a hard disk drive of television data) [sic] shall not be
enabled in any new placements of the Infringing Products.
Defendants are hereby FURTHER ORDERED immediately to recall and
retrieve from their distributors and retailers the Infringing Products that
have not yet entered the stream of commerce or are still in the possession
of Defendants distributors and retailers.
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