Tivo hearing today?

[8bitbytes]

Since EchoStar already has the top rated DVR, they gain nothing from buying TiVo except for the following entirely abstract benefits:

- End to the lawsuit (of course)

- TiVo subscriber mailing list, in order to offer them special deals to subscribe to Dish Network instead.

- Freedom to use any of the patented TiVo features in future software updates

- the TiVo trademark and the Season Pass trademark (EchoStar could simply rename all their DVRs "TiVo-DVRs".

they might hire one of TiVo's DVR engineer to explain the details of the TiVo software, and everyone else would get a pink slip (unless there was already a corresponding vacancy at EchoStar).

AND,

collect all the revenue from Tivo subs and Tivo license holders...

[DishSatUser]

Since EchoStar already has the top rated DVR, they gain nothing from buying TiVo except for the following entirely abstract benefits:

- End to the lawsuit (of course)

- TiVo subscriber mailing list, in order to offer them special deals to subscribe to Dish Network instead.

- Freedom to use any of the patented TiVo features in future software updates

- the TiVo trademark and the Season Pass trademark (EchoStar could simply rename all their DVRs "TiVo-DVRs".

they might hire one of TiVo's DVR engineer to explain the details of the TiVo software, and everyone else would get a pink slip (unless there was already a corresponding vacancy at EchoStar).

Similar results in regards to the subscriber mailing list as the PrimeStar conversion effort many years back. E* has done it before, they could do it again.

While bad for the Tivo employee's, staff reductions do induce a stock bounce that E* could use as further "shareholder" inducement. However, E* is intending on creating more products for more markets than just SAT. It's more likely that those engineers could be retained and repurposed for the "Cable" ventures.

[rocatman]

Which brings up something I hadn't heard mentioned. At one point dish started taking at least one of these models, the 921, and remanufacturing them as another model (381 I think). We know what Dish and Tivo's viewpoint about such will be, but what do you think the court will say about this model? Effected by original injunction?

I believe the Model 381 was a remanufacutered Model 811, a non-DVR HD MPEG-2 8PSK receiver. The capability to receive HD channels via satellite was disabled in the Model 381 since they were being converted to MPEG-4. This was coupled was the concept of converting all SD channels from MPEG-2 QPSK to MPEG-2 8PSK but Dish decided instead to go to MPEG-4 8PSK for all channels.

[riffjim4069]

I noticed this was just posted by the AP...Supreme Court is refusing to hear TiVo vs EchoStar...


TiVo wins DVR patent fight with Dish after Supreme Court declines to get involved

The Supreme Court is refusing to disturb a $74 million judgment against Dish Network Corp. for violating a patent held by TiVo Inc. involving digital video recorders.

The justices denied Englewood, Colo.-based Dish's appeal Monday without comment.

In January, the U.S. Court of Appeals for the Federal Circuit agreed with a lower court that DVRs distributed by Dish, formerly known as EchoStar Communications Corp., violated the software elements of Alviso,Calif.-based TiVo's patent. The ruling overturned the lower court's finding that Dish also infringed on the patent's hardware elements.


Full Story

[RandallA]

Statement from Dish Network,

DISH Network and EchoStar Statement Regarding Tivo

ENGLEWOOD, Colo., Oct 06, 2008 /PRNewswire-FirstCall via COMTEX News Network/ -- DISH Network Corporation (Nasdaq: DISH) and EchoStar Corporation (Nasdaq: SATS) issued the following statement regarding today's ruling by the United States Supreme Court in EchoStar Communications Corporation vs. Tivo:
"As expected, the Supreme Court denied our petition for certiorari today.

The Supreme Court's decision, however, does not impact our software design-around, which has been placed in DISH DVRs subject to the district court's injunction, and our customers can continue using their DISH DVRs. We believe that the design-around does not infringe Tivo's patent and that Tivo's pending motion for contempt should be denied. We look forward to that ruling in the near future.

Because of the Supreme Court's decision, we will pay Tivo approximately $104 million (the amount the jury awarded in 2006 plus interest). The money is in an escrow account and will be released to Tivo in the next few days."

About DISH Network Corporation
DISH Network Corporation (Nasdaq: DISH), the nation's third largest pay-TV provider and the leader in digital television, provides approximately 13.79 million satellite TV customers as of June 30, 2008 with industry-leading customer satisfaction which has surpassed major cable TV providers for eight consecutive years. DISH Network also provides customers with award-winning HD and DVR technology including the ViP722(TM) HD DVR, which received the Editors' Choice awards from both CNET and PC Magazine. In addition, subscribers enjoy access to hundreds of video and audio channels, the most International channels in the U.S., industry-leading Interactive TV applications, Latino programming, and the best sports and movies in HD. DISH Network offers a variety of package and price options including the lowest all-digital price in America, the DishDVR Advantage Package, high-speed Internet service, and a free upgrade to the best HD DVR in the industry. DISH Network is included in the Nasdaq-100 Index (NDX) and is a Fortune 300 company. Visit
DISH Network

or call 1-800-333-DISH (3474) for more information.

About EchoStar Corporation
EchoStar Corporation (Nasdaq: SATS) provides equipment sales, digital broadcast operations, and fixed satellite services. EchoStar has 25 years of experience designing, developing and distributing advanced award-winning set-top boxes and related products for pay television providers. The company includes a network of 10 full-service digital broadcast centers and leased fiber optic capacity with points of presence in approximately 150 cities. EchoStar also delivers fixed satellite services from nine owned and leased in-orbit satellites and related FCC licenses. Visit
Echostar.com

for more information.

SOURCE DISH Network Corporation; EchoStar Corporation

DISH Network -- Home

[RandallA]

"We believe that the design-around does not infringe Tivo's patent and that Tivo's pending motion for contempt should be denied. We look forward to that ruling in the near future. "

Somehow that statement doesn't make me feel good about the future of their DVRs.

[Curtis0620]

"We believe that the design-around does not infringe Tivo's patent and that Tivo's pending motion for contempt should be denied. We look forward to that ruling in the near future. "

Somehow that statement doesn't make me feel good about the future of their DVRs.

Didn't they say basically the same thing during the original trial?

[Curtis0620]

Tivo statement:


TiVo Statement on United States Supreme Court Decision to Deny EchoStar's Appeal: Financial News - Yahoo! Finance

[jlhugh]

just pay the freaking money already. i am tired of hearing about this and all the other lawsuits that E* is involved in. quit dragging it through court and get some sh*t done at the company. this is getting old.

[HDRoberts]

just pay the freaking money already. i am tired of hearing about this and all the other lawsuits that E* is involved in. quit dragging it through court and get some sh*t done at the company. this is getting old.

umm...

Because of the Supreme Court's decision, we will pay Tivo approximately $104 million (the amount the jury awarded in 2006 plus interest). The money is in an escrow account and will be released to Tivo in the next few days.