Dish Network and Tivo Settle Lawsuit!!!!

Scott Greczkowski

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TIVO, DISH NETWORK AND ECHOSTAR ANNOUNCE HALF-BILLION DOLLAR SETTLEMENT OF PATENT LITIGATION
ALVISO, Calif., and ENGLEWOOD, Colo. – May 2, 2011 –

TiVo Inc. (NASDAQ: TIVO), DISH Network Corporation (NASDAQ: DISH), and EchoStar Corporation (NASDAQ: SATS) announced today that they have settled all of their ongoing patent litigation. Under the terms of the settlement, DISH Network and EchoStar agreed to pay TiVo $500 million, including an initial payment of $300 million with the remaining $200 million distributed in six equal annual installments between 2012 and 2017.

TiVo, DISH Network and EchoStar agreed to dismiss all pending litigation between the companies with prejudice and to dissolve all injunctions against DISH Network and EchoStar. The parties also granted certain patent licenses to each other. TiVo granted DISH Network a license under its Time Warp patent (US Pat. No. 6,233,389) and certain related patents, for the remaining life of those patents. TiVo also granted EchoStar a license under the same ‘389 patent and certain related patents, for the remaining life of those patents, to design and make certain DVR-enabled products solely for DISH Network and two international customers.

EchoStar granted TiVo a license under certain DVR-related patents for TiVo-branded, co-branded and ingredient-branded products. “We have tremendous respect for TiVo’s management, and we have always said that regardless of the outcome of the case, there were many ways that we could work together with TiVo,” said Charlie Ergen, Chairman and CEO of DISH Network. “The results of TiVo’s formidable intellectual property enforcement program speak for themselves, and consequently, we are pleased to put this litigation behind us and move forward. Additionally, we believe that our agreement with TiVo provides us a competitive advantage as one of the few multichannel operators with rights to operate under TiVo’s Time Warp patent, which ultimately will allow us to enhance the performance of our award-winning DVRs. We look forward to continuing to offer DISH Network customers the most choices in video service.”

“We are extremely pleased to reach an agreement with DISH Network and EchoStar which recognizes the value of our intellectual property,” said Tom Rogers, president and CEO of TiVo. “The compensation from this settlement, including the resulting reduction in legal expenditures, puts TiVo in an enviable financial and strategic position. This settlement, which brings the total compensation paid by DISH Network for use of TiVo’s ‘389 patent family to over $600 million, demonstrates the significant return afforded to our shareholders by diligent enforcement of TiVo’s intellectual property rights. Those efforts will aggressively continue with other parties.” In addition, TiVo will play a role in helping DISH Network promote the Blockbuster digital video service. Ergen added, “We are excited to work with TiVo to help develop our Blockbuster video service. Resolving the patent infringement case allows us to further engage with TiVo on a variety of exciting strategic initiatives, like Blockbuster, where we are uniquely positioned to collaborate.”

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This is GREAT NEWS and should make for a very interesting Team Summit. I got wind of this last week but didn't want to say anything out of fear that it was not true...

I am glad it is, they should have settled a long time ago. :)

I can't wait to get to Denver, sitting in the airport now!
 
The press release beat me to it! I just found out in the 10Q that I snagged a few minutes ago and I come here to see someone else beat me to the punch. ;) good to know I can use my 625 until it dies (although I was hoping there would be a swapout to a MPEG-4 receiver..)
 
so does this mean the all DVR's will have a TIVO logo on them (similar to the TV guide logo on the electronic guides)
 
Let's hope the software them is getting to work (or better yet has got to work) on bringing back the pre-lawsuit indexing rather than this statistical estimation feature that makes DVR functioning a bit choppy.

That said, I think Dish overpaid, given the en banc result.
 
Bring on the TiVo trolls to start gloating. ;) :D

Dish settles, patent law is still arcane and out dated, and no one has their DVR turned off. The funny thing is were it not for this set of threads, I would not even know TiVo was still around. :)

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Press release indicated Tivo will be working with Dish to develop their Blockbuster online offerings. That should be very interesting. I'm hoping Scott will get us more info at Summit.
 
Press release indicated Tivo will be working with Dish to develop their Blockbuster online offerings. That should be very interesting. I'm hoping Scott will get us more info at Summit.

Makes total sense. You can be sure Scott will be providing all the news. :)
 
Now maybe DISH can add some of the same software as Tivo ,like season pass . And maybe some of the quirky things like shows starting with black screens can be changed using the Tivo software. I still thought that Charlie should of bought Tivo a long time ago to end all this indecision . Looks like he spent over 600 million in fighting this lawsuit. He bought a bankrupt Blockbuster for 500 million. Maybe the blockbuster acquisition is what pushed this settlement ,so they could use the existing blockbuster media outlets via Tivo /dvd/bluray players. I'm sure that the vip series of dvrs will have the same Tivo internet ability ...SOON!
 
Now maybe DISH can add some of the same software as Tivo ,like season pass .

While I think there are many improvements that can be had if they did not worry about Tivo patents, how is the Dish "record new" option different from season pass? Or the Tivo wish list from the Dish Pass feature. "Record new" just has a less fancy name.
 
Sounds like this may be the start of hopefully a good news week for Dish subs heading into Team summit :)
 

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