Dish's en banc request APPROVED!

Next news flash will be the agreement for Dish to buy Tivo in a cash and stock swap deal.....
Charlie should have done that this time last year when it would have been a lot cheaper and all this would not have been necessary and all over by now. But then we're paying the bills, not him.
 
Potentially and hopefully the last nail in the coffin.

"Despite rather modest expectations, results were disappointing," says KaufmanBros' Todd Mitchell on TiVo's 4Q results. With subs down to 1.89M (a 28% y/y drop) and adjusted EBITDA losses of $25.7M, Mitchell notes, "The market has been telling us the investment case (for TiVo) lies entirely in the outcome of the En Banc hearing with DISH, and now management is pretty much telling us the same thing." source: MediaBiz
 
28% reduction in subs, a multiple increase in lawsuits, and - a 28% increase in lawyers? 128%? :devil:

I wonder what the reduction is, compared to when the agreement with DirecTV for DirecTiVos ended? That would likely have been their high point for subs.
 
Is TiVo entering a death spiral?

http://online.wsj.com/article/SB10001424052748704758904576188730220259072.html

TiVo is now going to issue debt to cover the mounting costs of lawsuits....

In a filing with the Securities and Exchange Commission, in which it tailed the risks of investing in the proposed $120 million of five-year convertible senior notes, TiVo said Microsoft filed a lawsuit in Washington in late January accusing the company of infringing four patents for onscreen user interfaces, and simultaneously filed a complaint with the U.S. International Trade Commission. Microsoft is seeking relief from the agency under a law that deals with unfair import competition.

TiVo said that an unfavorable outcome of the agency's investigation into the complaint could see TiVo barred from importing its DVRs, in which case TiVo's "business would be immediately and materially adversely impacted.

In the filing, TiVo said the federal circuit court could rule on its lawsuit against EchoStar "at any time," and "it is reasonable to expect that the decision will be issued in the first half of 2011." Meanwhile, it also said a U.S. district court in Texas has set a trial date of June 5, 2012, for a patent lawsuit brought against TiVo by EchoStar.

Read more: TiVo to Offer Debt to Fund Litigation - WSJ.com
 
TIVO IS DIEING a slow painful death. Even with the DISH lawsuit money. They are losing subs like Crazy and there is no future without subs. Down to 2 million from 4 just a year ago. Charlie better notice the pattern, because DISH is losing subs every quarter for the last 3 themselves.
 
TIVO IS DIEING a slow painful death. Even with the DISH lawsuit money. They are losing subs like Crazy and there is no future without subs. Down to 2 million from 4 just a year ago. Charlie better notice the pattern, because DISH is losing subs every quarter for the last 3 themselves.

They are dying because of all the law suits. TIVO is now being sued by so many people that they have no way to continue to do business. What goes around comes around.
 
TIVO IS DIEING a slow painful death. Even with the DISH lawsuit money. They are losing subs like Crazy and there is no future without subs. Down to 2 million from 4 just a year ago. Charlie better notice the pattern, because DISH is losing subs every quarter for the last 3 themselves.

Wait until they get all the DISH subs paying a TIVO royalty.
 
You do realize that once the ruling goes against DISH, Microsoft and AT&T have almost no chance.

You do realize that Verizon, AT&T and Microsoft are suing them for other violations. Tivo has no chance. The legal team at the other companies have a much more open wallet for their legal team then DISH does. Better lawyer = more hurt for Tivo.

When there ONLY business plan is that they hope they win a lawsuit and there is no plan B then usually it spells the end for a company.u
 
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So Microsoft has never lost a court case? lol.

Very rarely does MS lose plus they have the money to just keep appealing till TIVO can't afford it anymore. Right now you need to look at how many are suing TIVO for the patent infringement. They are losing market share to other DVR's which work as well if not better. Then many companies are going with the competitors. The outlook for TIVO is starting to be pretty grim. The value of the stock has plummeted recently due to all this. So it just doesn't look like they are going to be able to survive these things.
 
Convertible debt. I guess they might attract a few high rollers. I'd think they'd have better luck with secured debt, although what do they have that's of interest?

I doubt they'll lose against MS et al. I don't think they'll be around that long. MS has a history of running people out of existence thru legal maneuvering. TiVo's legs are being cut out from under them, with razor blades.

It will be most interesting to see if they can raise enough money thru this debt offering.
 
You do realize that Verizon, AT&T and Microsoft are suing them for other violations. Tivo has no chance. The legal team at the other companies have a much more open wallet for their legal team then DISH does. Better lawyer = more hurt for Tivo.

When there ONLY business plan is that they hope they win a lawsuit and there is no plan B then usually it spells the end for a company.u

TIVO will shortly have a steady stream of income from DISH/DIRECTV and all the cable cos.
 
TIVO will shortly have a steady stream of income from DISH/DIRECTV and all the cable cos.

The problem of course is if TiVo loses the Echostar case (i.e. Dish is finally able to code around the patent) then TiVo will no longer receive any money from Dish and will still be faced with multiple patent suits to defend at the same time from Motorola, AT&T, VZ and Microsoft. If they manage to win any of these suits it will not result in new money for TiVo, but if they lose any of them it is a loss.

TiVo is putting all their eggs in the Dish lawsuit basket. One where they have had some success but have faced huge roadblocks and potential loss at any time.
 
The problem of course is if TiVo loses the Echostar case (i.e. Dish is finally able to code around the patent) then TiVo will no longer receive any money from Dish...
TiVo won't lose if Dish "codes around the patent". That's like speeding, getting pulled over, and telling the cop I won't speed anymore. That doesn't get you out of the instance that you were pulled over for.
 

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