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TiVo awarded $200m in damages in EchoStar case, consumers not awarded end to the Echostar case

Okay, so it's not the cool billion dollars in damages we'd heard TiVo was asking for, but $200 million ain't chump change if you're broke, you know? That's the amount in contempt damages TiVo will get if EchoStar loses its upcoming appeal in the endless time warp patent case, bringing the total amount of money on the table to nearly $400 million. As usual, that means virtually nothing for the average Dish or TiVo customer, but at least the lawyers involved can all buy new Audis for the winter now.

TiVo projects larger than expected losses, still taking the patent fight to AT&T and Verizon

We'll let the analysts make sense of TiVo's new projection that it will lose $8 to $10 million in the third quarter, larger than Wall Street expectations while projected revenues are lower -- we're too busy adding Verizon and AT&T to the patent battlemap. Today it filed complaints against both for violating three of its DVR-related patents -- Nos. 6,233,389 B1 ("Multimedia Time Warping System"), 7,529,465 B2 ("System for Time Shifting Multimedia Content Streams"), and 7,493,015 B1 ("Automatic Playback Overshoot Correction System") if you must know -- seeking damages for past infringement and a permanent injunction. We'd assumed it would wait until settling things with DISH to push forward against other companies, but it looks like we're not the only ones getting impatient. Beyond the legal slapfight there's a few nuggets for the bleep bloop faithful, with the Comcast TiVo on-line scheduler beginning to roll out in Boston plus further expansions on the way and the due-in-2010 DirecTV HD TiVo still on track -- we'll need a few seasons of Law & Order queued up before this mess ever gets resolved.

Read - TiVo Swings to Loss, Files Infringement Suits
Read - TiVo Reports Results for the Second Quarter Fiscal Year 2010 Ended July 31, 2009
Read - TiVo Files Complaints for Patent Infringement Against AT&T and Verizon Communications in United States District Court, Eastern District of Texas; Seeking Damages and Injunction

Patent Office rejects some of TiVo's patent claims, battle vs. DISH to rage on

You knew it couldn't be over, right? The long running TiVo vs. DISH / Echostar patent case took a not-so-new twist yesterday when the Patent and Trademark Office issued a preliminary finding rejecting some of the claims of its Time Warp patent. While DISH was pleased, considering the PTO's conclusions as "highly relevant" to its ongoing appeal, TiVo issued a statement calling this step "not unusual" pointing out that the exact same thing happened when its patent was reexamined in 2005 (and subsequently upheld in 2007,) and that the next step in the process is where it will be able to present its explanation for the first time. All you need to know is that it will still be a while before anyone involved (except the two company's lawyers) are cashing any large checks, or gets their DVR taken away.

[Via Multichannel News]

Read - TiVo Statement on Developments in Lawsuit Against EchoStar
Read - DISH Network and EchoStar Statement Regarding Tivo

TiVo asks court for a billion dollars in EchoStar case


Remember when we thought that those $90 million and $190 million judgments in the endless TiVo / EchoStar case were big noise? Yeah, they were apparently pocket change: according to documents recently filed with the court, TiVo's asking for nearly a billion dollars in contempt sanctions against EchoStar. Unfortunately, the original document in which TiVo made the request was filed under seal because it contains confidential information, but it appears that TiVo's none too pleased that EchoStar violated the permanent injunction that ordered it to disable some 193,000 DVRs in the wild, and it's looking for some payback. For its part, EchoStar says that it doesn't have to comply with the court's order because the injunction was put on hold pending appeal -- an argument that appears on the surface to make perfect sense, but since we can't read TiVo's motion we can't say for sure what's going on, and there's always a chance the company's just playing hardball in order to force a late settlement. Given the rocky history of this endless case, we doubt that's likely, but one thing's for certain: all these lawyers are eating well tonight.

TiVo coming to Time Warner Cable, potentially lots of other providers


It's been a long, messy road, but now that TiVo's beaten a victory out of EchoStar in that seemingly-endless DVR patent lawsuit it sounds like the company is trying to exert some muscle -- it's already in talks to bring its service to Time Warner Cable, and sources have told Bloomberg the ultimate plan is to eventually collect royalties from every pay-TV provider in the US. That might sound bullying and even a little trollish, but keep in mind these patents have withstood pretty much every legal challenge EchoStar could throw at them, so TiVo's operating from a position of some certainty here -- especially since it's got license agreements with huge players like Comcast and DirecTV to use as leverage in negotiations as well. Of course, none of this solves any of TiVo's actual problems with its products, and the company's topsy-turvy balance sheet has some analysts thinking its ripe for a buyout by one of the bigs, so things could change dramatically at any minute, but for right now it sounds like your chances of getting the TiVo interface on your cable or satellite company DVR just went up, and that's almost certainly a good thing.

DISH / EchoStar DVR injunction temporarily put on hold by court

It's the case that never ends -- the U.S. Court of Appeals for the Federal Circuit has issued a temporary delay of of the injunction and fine handed down yesterday in the EchoStar / TiVo lawsuit while it considers an appeal, meaning that DISH owners with older DVRs won't have to worry about losing their pause-and-rewind functionality at least for now. That pretty much means we're back in stasis with this one, with even more delay to come if the appeal is granted. That's cool, we needed a nap anyway.

DISH / EchoStar ordered to pay TiVo $190 million in patent infringement case

We're a bit hesitant to call this one done given the history involved, but a federal judge in Texas has dealt DISH / EchoStar yet another serious blow in its long-standing dispute with TiVo, and this time he's taken a number of other measures that could cause EchoStar to finally rethink its workaround-litigate strategy. The big setback for EchoStar, however, is the one-two punch of $190 million in damages it's been ordered to pay TiVo and an order to disable the "infringing function" on all but 193,000 DVRs now in the hands of subscribers. The judge also found that EchoStar's recently-implemented workaround technology still violated the patent in question and, as a result, he's ordered EchoStar to inform the court before it decides to try its hand at another "design-around" of the infringing patent. For its part, TiVo says that it is "extremely gratified by the Court's well reasoned and thorough decision," while DISH / EchoStar would only say that it plans to appeal the court's decision and file a motion to stay the order with a federal appeals court.

Read - The New York Times, "Court Awards TiVo $190 Million in EchoStar Patent Case"
Read - TiVo Statement on U.S District Court for the Eastern District of Texas Decision

Echostar shows off its SlingLoaded T2200S HD DVR for cable


It didn't take long for Echostar to turn its ViP 922 SlingLoaded DVR for DISH into a tru2way powered HD DVR for cable viewers ready to placeshift live and prerecorded TV, and now we've got a glimpse of what it will look like. The specs show off a 1TB hard drive ripped from its still-yet-to-launch predecessor, but new for the T2200S is a backlit capacitive touch control mounted up front, while that no numbers required touch remote the 922 flashed at CES is so far missing from the mix. It'll be at least Q4 before these go into production, but you can believe Echostar is pitching them to all willing to listen at Cable Show '09 this week, while interested customers are being advised to contact their cable provider and let 'em know they want a piece.

TiVo and DISH / Echostar head back to Texas for another patent duel

Well, just when it was starting to look like TiVo and DISH / Echostar may finally have put their seemingly never-ending patent dispute behind them, the two companies now look to be rekindling things in Texas this week, where they've landed in court once more to sort out that pesky patent involving TiVo's Time Warp software. As patent dispute junkies may recall, TiVo first wound up being awarded some damages in the matter way back in 2006, after which Echostar was forced to develop some workaround software that it claims no longer infringed on TiVo's Time Warp patent, which allows for recording of one channel while the user watches another. In the meantime, Echostar / DISH continued to fight back against TiVo, with things finally, apparently coming to an end when the Supreme Court ultimately denied DISH's appeal and awarded TiVo those aforementioned damages (plus interest) for real. Now, TiVo is alleging that the DISH's "workaround" software does still violate its patent after all, and it's asking a U.S. District Court Judge in Texarcana, Texas to sort it out. If this latest round plays out as TiVo hopes, DISH could be forced to disable most, if not all, of its DVRs, and potentially buy new DVRs that don't infringe on TiVo's patents.

Sirius XM in bailout talks with DirecTV


Safe to say that satellite radio is far down the list of priorities for Uncle Sam's bailout bucks, so Sirius XM CEO Mel Karmazin pounded some pavement today, hitting up DirecTV and its parent company Liberty Media to try and save his bankrupted radio hydra. Apparently Smelly Melly isn't as hot for EchoStar owner Charles Ergan to buy Sirius XM out as was previously rumored, but there's a showdown brewing: Ergan's been busy taking control of Sirius XM's debt, so any deal with Liberty / DirecTV would result in feuding ownership interests. Making things even more interesting, it sounds like Ergan and Karmazin don't really get along, so this deal with DirecTV is basically his last shot at keeping his job. Desperate men do desperate things -- we'll see how this one shakes out.

Read - Reuters
Read - NYT

Report: Sirius XM preparing to file for bankruptcy

Sirius XM is preparing to file for bankruptcy and could do so within days, the New York Times reports. According to the article, the move might be a calculated act to pressure Dish Network and EchoStar owner Charles Ergen into making an offer for acquisition. The Wall Street Journal says he offered to purchase the merged satellite radio group late last year and was then brushed off. Despite previous rejections, he's recently reaffirmed his desire try again. If it wasn't before, the honeymoon is now officially over.

Read - New York Times
Read - Wall Street Journal

DISH Network's DTVPal DVR unboxed and previewed


For the longest while, we couldn't figure out who let the standalone HD DVR die. To this day, we're still scrambling to find an answer, but thankfully DISH Network has stepped in to revive the niche while the search continues. The outfit's DTVPal DVR has been circulating for almost a century now (okay, just a year and change, but there's hardly a difference in the grand scheme of things), and Mr. Dave Zatz has done us the honors of unboxing one and setting it up. The unit actually doubles as a DTV converter box and an HD DVR, and Zatz found setup to be almost too painless. Everything seemed to be humming along just fine at last check, so feel free and have a look at the gallery in the read link below before pulling the trigger.

Sling Media loses most of its top brass

Sling Media announced today that they've lost their top executives, including co-founders (and brothers) Blake and Jason Krikorian, CEO and SVP of business development respectively. Also on the way out is Jason Hirschhorn and Ben White, President and Chief Creative Officer of Sling Media Entertainment Group, and Greg Wilkes the VP of sales. paidContent spoke with the effervescent Blake Krikorian, who said, "I'm out of there now. I want to just cut it ... it's best just to get it done because it's not easy." So much for being stoked about that EchoStar acquisition, huh?

Sling Monitor in-home placeshifter hands-up

Sling Monitor placeshifting TV
We just heard about the Sling Monitor, a quick way to move content from your Dish ViP 922 around your home, but we had to see it for ourselves. The display model at the Echostar booth was mounted way above eye-level, so we had to take some blind shots above the head. Look with your eyes, not your hands!

Echostar announces Sling Monitor for in-home placeshifting


That funky angled screen is the just announced Sling Monitor (yes Virginia, it is HD), designed to work with the SlingLoaded ViP 922 DVR to take video anywhere in the house via WiFi. With 922, you can perform the usual Sling-type activities streaming video over the net and as many as three devices in the home, including HD over wireless. The model right now is 14.9-inch, but according to President Charlie Ergen nothing definite has been decided yet before the expected launch this summer.
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