TiVo Attorney Fees during Dish/E* Litigation
I've been told through other channels the following regarding TiVo's fees.
Judge Folsom’s original judgment (and as amended) awarded taxable costs in connection with the 2006 trial and TiVo and Dish agreed to a stipulation that it be for $275,286 which was included in the first, and only, damages payment from Dish totaling $103,086,836 after Dish lost the first appeal.
In 2009 Judge Folsom issued his second damages ruling for the first sanction period which included a few parts (sanction period damages, pre- and post-judgment interest, additional supplemental damages, etc.) plus attorney’s fees & costs which was later stipulated to be $5,800,000 (that figure accounted for just the attorney's fees and costs incurred during the sanction period). But Dish never made that payment because they appealed Folsom’s decision and we all know they settled the case before the CAFC en banc decision was mandated. Dish probably would have been taxed for additional costs had they not settled.
Therefore, TiVo was never awarded attorney’s fees throughout the case other than the small amounts for the sanctions period, but they were awarded some small costs (not attorney's fees) associated with the trial and appellate processes. And Dish never paid TiVo’s attorney’s fees, ever.