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For those who use PACER, you may have already read some notices by Echostar in response to the courts rulings aganist Echostar, that testimony by Ecostar's expert validity expert, Dr. Polish, was not allowed. He was going to argue prior art.

The other notice has to do with a couple of documents or exhibits Echostar wanted to show the jury from the Patent Trade Office as I understand it, to show that TiVo's patent is being re-examined for validity. I guess the PTO is making sure there was no prior art that would invalidate the TiVo patent. I don't know the details of why the PTO would do this, however the court would not allow Echostar to talk about it.

TiVo also filed a breif regarding Ecostars objections to some demonstatives of a possible prior art invention called Media Streamer. Echostar objected to some slides that TiVo was to show that illustrate how this Media Streamer device could not record a program while watching it and could not store and extract video at the same time. I guess the labeling wasn't to the courts liking so TiVo has reworded these demonstratives with the language contained in a supplemental claim construction order made in March 2006.

I'm still holding for the verdict. The jury should get the case on Wednesday. Verdict by Thursday or Friday?
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