TiVo Sued: A Taste of Their Own Medicine

[mike123abc]

The Poison Pill provision in the Tivo stock makes a buyout damn near impossible.

A buyout can happen at any time. The poison pill just prevents a hostile takeover (where another company attempts to buy the stock on the open market). If the board of directors approve and the shareholders vote, TiVo can be bought out just like any other company.

[Greg Bimson]

No one may ever know if Dish truly is infringing upon TiVo's patents, but we do know that the jury's logic and reasoning used to arrive at their conclusion have nothing to do with the disputed code or software and have everything to do with TiVo intentionally leaving a TiVo box at Echostar/Dish and never asking about it ever again (for being so protective of its patents, why oh why would they ever be so neglectful of their precious box full of patented technology? )

First, it has been determined in a court of law, twice, that DISH/SATS is infringing upon TiVo's patents.

Second, from the article you linked, it appears that MSFT is trying to join a suit TiVo filed as a defendant, so to me this appears to be a legal maneuver to get TiVo to agree to a licensing deal.

Third, from the article you linked, it appears that because AT&T is being sued by TiVo that AT&T is demanding MSFT foot the entire bill regarding this suit, so essentially TiVo has accused MSFT of infringement of the same patent that DISH/SATS was found to infringe.

This is simply a whole lot of legal posturing. Even MSFT mentions they are looking for a license.

[jacmyoung]

...so essentially TiVo has accused MSFT of infringement of the same patent that DISH/SATS was found to infringe...

Not true. TiVo did not want to sue MS nor did TiVo anticipate MS move. Which is why when MS motioned to intervene in the TiVo v. ATT case in E. TX, TiVo opposed the motion. We will have to wait and see on what grounds TiVo may argue the MS motion should be denied.

I do agree this MS. v. TiVo case in N. CA is MS way of getting TiVo off ATT’s back, and TiVo will likely settle with MS under some cross-licensing agreement (i.e. settle for nothing) and withdraw its case against ATT. Which leaves the TiVo v. Verizon case open.

All things said, all the legal mess hinges on this TiVo v. E* appeal, when it is all said and done, folks will be glad old Charlie did not buy TiVo back then. Which is why I said it is sad to see TiVo go from a household name to something people can easily forget.

[Stargazer]

So if Microsoft is suing Tivo then does that mean that Microsoft can sue Echostar/Dish? If that happens then could Echostar/Dish sue Tivo to get money back since they had to pay Microsoft? Echostar/Dish will say that they already paid one person, why should they have to pay another?

[harshness]

To my mind, going after AT&T was essentially the same as going after Microsoft with an end run (and TiVo had to know it). As AT&T licenses Microsoft's software, Microsoft is compelled to intervene and effectively counter-sue.

[jacmyoung]

So if Microsoft is suing Tivo then does that mean that Microsoft can sue Echostar/Dish? If that happens then could Echostar/Dish sue Tivo to get money back since they had to pay Microsoft? Echostar/Dish will say that they already paid one person, why should they have to pay another?

MS is suing TiVo on two unrelated patents, the goal is not to sue TiVo, rather to get TiVo to give up suing ATT.

Only TiVo likes to sue everyone. MS suing Tivo is a defensive measure.

[jacmyoung]

To my mind, going after AT&T was essentially the same as going after Microsoft with an end run (and TiVo had to know it). As AT&T licenses Microsoft's software, Microsoft is compelled to intervene and effectively counter-sue.

TiVo apparently did not know it or did not think it through. Which is why TiVo now opposes MS motion to intervene. In fact in the TiVo’s most recent press release, TiVo still tried to distance itself from MS, only tried to stress its case against ATT, not MS.

Unfortunately, if TiVo does not want to fight MS, it will have to give up fighting ATT too. MS and ATT are in this together.

[Curtis0620]

MS is suing TiVo on two unrelated patents, the goal is not to sue TiVo, rather to get TiVo to give up suing ATT.

Only TiVo likes to sue everyone. MS suing Tivo is a defensive measure.

Yes, DISH only likes getting sued.

[whatchel1]

I have been hoping that all this suing being done would wind up biting them in the A**. I think the chickens have come home to roost. Now Tivo is up against 3 really big guys. AT&T, Verizon, & the giant gorilla know as MS. They need to roll ove a play dead. Then E* can wipe up the mess and kill them off. We will be much better of if the monopoly company mind of Tivo is stomped.

[Curtis0620]

I think that Directv should sign an exclusive satellite agreement with TiVo and say screw you DISH.

NO DVR FOR YOU.