Archives For Satellite TV

I don’t have a lot of details on what will be reheard in the TiVo/DISH/Echo DVR patent infringement saga, as the story is breaking and I’m hopping on a plane in minutes. (I’m also no lawyer.) But I believe this is specific to continued infringement and contempt related to DISH’s workaround, rather than a revisit of the original patent dispute (and TiVo victory). TiVo shares are currently plummeting, down more than 1/3rd. I’ll try to update this item when I land, should additional details present themselves. From Business Week:

TiVo Inc.’s legal victory against Dish Network Corp. and EchoStar Corp. for infringing a patent on digital-video recording services will be reconsidered by an appeals court. The court said it will consider whether the judge erred in not giving Dish a trial to determine if its workaround was still infringing TiVo’s patent.

UPDATE :

TiVo’s remarks…

We are disappointed that we do not yet have finality in this case despite years of litigation but we remain confident that the Federal Circuit’s ruling in our favor will be reaffirmed after all of the judges on the Federal Circuit have had the opportunity to review the merits of this case

DISH/Echo’s remarks…

DISH Network and EchoStar are pleased that the full Federal Circuit Court of Appeals has granted their petition for rehearing en banc. We believe the issues that will be considered by the full court on rehearing will have a profound impact on innovation in the United States for years to come.

After several months of private testing, followed by an open beta, DirecTV has formally introduced their whole-home DVR service. As a fan of the ‘hub and spoke’ digital distribution model, the MoCA-based solution looks quiet compelling. Of course, DirecTV subscribers would need at least one HD DVR. But each additional room (up to 15!) can be outfitted with a less pricey HD receiver to schedule or view recordings from the primary DVR. Free would be nice, but you really can’t go wrong a low $3 monthly surcharge.

Thanks, Jon!!

CNET’s Molly Wood sat down with TiVo CEO Tom Rogers earlier this week and hit him with a variety of reader-submitted questions. I can’t say there were any shocking revelations. Then again, I have a short attention span and skipped around the video (above). The only item new to me was the revelation that the next generation DirecTV TiVo, originally scheduled for a 2009 launch, has been further delayed. Last I heard, we were on track for early 2010, followed by spring 2010. It turns out we’re now looking at “the latter part of this year.” However, this is probably old news to investors and impatient DirecTV subscribers.

dish-922s-app-store

Seems the blogosphere got itself into a bit of a lather upon learning DISH and Google were collaborating on set-top box functionality, including search and YouTube video. But anyone who follows DISH/EchoStar shouldn’t be entirely surprised… Just check out the picture I shot of DISH’s app store (above) at CES 2009 on their yet-to-be-released VIP 922 DVR. Featuring a Google tile. It’s unclear if the recent “news” represents merely the piloting of an enhanced Google app, or a more significant Android-based set-top experience (as many have concluded). Regardless, the broadcast and broadband lines are quickly blurring. And DISH surely needs to do something dramatic to recoup the hundreds of millings they’ll soon (?) be depositing at the First National Bank of TiVo.

I’ve been covering the TiVo/DISH/EchoStar patent infringement case for years. (With varying degree of interest.) And it looks like we’re that much closer to a conclusion given today’s ruling/affirmation by the United States Court of Appeals for the Federal Circuit:

Appellants (collectively, “EchoStar”) appeal from the district court’s decision finding them in contempt of the court’s permanent injunction order. TiVo Inc. v. Dish Network Corp., 640 F. Supp. 2d 853 (E.D. Tex. 2009). Because we find that the district court did not abuse its discretion in imposing sanctions against EchoStar, we affirm the finding of contempt.

The Premiere may not have moved the needle, but there’s nothing like the prospect of (large sums of) cold, hard cash to whip the investors into a frenzy:

Yes, TiVo should be receiving (additional) cash from DISH and/or EchoStar. And, yes, it looks like a number of DISH DVRs will be disabled. Davis Freeberg and I are still sifting through the ruling to get a better sense of what this ultimately means and if DISH/Echo has any moves left. I’d also keep an eye on Engadget’s resident legal eagle for a more thorough analysis.