From the ever-contentious world of EPGs (electronic program guides) and the precarious legality of trying to build a DVR or set top box that does not pay Gemstar-TV Guide for their patents, comes an update I received recently from a Digeo spokesperson. Digeo, you'll recall, filed an antitrust suit against Gemstar after negotiations broke down, in a somewhat pre-emptive move that was followed by Gemstar's predictable patent infringement suit. Here's Digeo's letter:
Thought I'd provide an update on Gemstar/Digeo litigation, as I know you have posted about it in the recent past. You got the summaries down, and here's the next chapter in the story.
Do note that I am only talking about Digeo's antitrust suit against Gemstar here, NOT anything relating to Gemstar's patent infringement suit against Digeo.
As you remember, Digeo filed an antitrust suit against Gemstar on Sept. 28th, alleging that Gemstar's actions have established a pattern that injures competition and consumers by denying business opportunities for Gemstar's competitors; hindering innovation; and reducing consumer choice, product differentiation and product quality.
In response, Gemstar filed motions seeking dismissal of Digeo's antitrust lawsuit. In addition Gemstar requested that the case be moved from Seattle to L.A.
On Tuesday afternoon [Nov. 14], Digeo filed its response to Gemstar's motions. In its response, Digeo notes that Gemstar has not challenged the legal sufficiency of Digeo's complaint and that the motion should be denied on factual and legal grounds. You can download the document yourself using the following process:
In order to view the document, each user must have an account/ password to access the site.
After obtaining a password, under the "Search" column, select "All Court Types"
For "Region" select: Washington
For Party Name, enter "Digeo"
For Show Case Title, click "Yes"
Under "Civil Cases," select case 2:2006cv01417
Click "Docket Sheet"
Under "Sort by," Click "Most recent date first"
Click run report
To view Digeo's response, scroll down and click on item
"14" (RESPONSE, by Plaintiff Digeo, Inc)