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DISH files preemptive lawsuit against TiVo to defend new PVR

DISH PVRYou didn't think the legal battles between DISH and TiVo were actually over, did you? TiVo may have won the last round, which means that the PVR technology DISH had been offering customers infringed on TiVo patents. But TiVo officials have also apparently been going around making claims that DISH's new software also infringes on TiVo patents.

Rather than wait for TiVo to file another suit, DISH has taken its own legal action by asking a court to rule that the company's new software does not violate TiVo's patent. On the one hand, this obviously shows that the company is confident its new software will stand up against any challenges. On the other hand, DISH PVR users won't have peace of mind until this whole court battle is finally worked out. Any day now, a court could order DISH to just shut off the PVR functions of DISH set top boxes. So it'd be nice if the whole thing were just over with.

[via EngadgetHD]

TiVo v. DISH fallout: Some DISH boxes can no longer be sold

DISH VIP 942Remember how DISH Network quickly responded to the latest (and possibly final) twist in the TiVo v. Echostar patent dispute by saying that customers would not be affected since all DISH set top boxes had received software upgrades? Yeah, that wasn't entirely true.

Now DISH is letting us know that there are actually a few boxes that not received the upgrade treatment. The four boxes in question are all on the older side and odds are you weren't going to get one installed when you signed up for DISH service anyway. But the company is letting installers know that the VIP 721, 921, 942 and Homezone 1022 models are to be pretty much taken out of service. If you've already got one of these in your house and service has already been activated, it sounds like you shouldn't be affected.

[via Engadget and CNet]

TiVo and Dish could be headed back to court... again

TiVo logoYou didn't really think the patent dispute between TiVo and Dish Network (formerly known as EchoStar) was over, did you? Well, apparently some lawyers at Dish Network didn't think so either, because they've filed a petition to have an appeals court hear the case over again.

Earlier this year, that federal appeals court upheld a lower court ruling that found EchoStar had violated several TiVo patents. But Dish is claiming that one of TiVo's witnesses in the case made inconsistent statements, and that the case should be reheard.

So that means the two companies could be headed back to court for the umpteenth time. While each side has undoubtedly spent a bundle on legal fees, nearly $90 million is at stake.

Is Apple finally adding a PVR to the AppleTV?

AppleTV PVR
The folks at AppleInsider have uncovered a group of patent applications filed by Apple back in 2006. The filing, which became public this week provide details for a hardware and software interface that would allow users to watch and record live television. In other words, Apple may have been planning to turn the AppleTV into a PVR all along, which is kind of what we've been hoping for since the company first announced the media streaming device.

Some of the more interesting patents cover a remote control device that looks a bit like an iPod Nano. The idea is that you'd be able to download program information from your set top box unto the remote control and view it using the small built in LCD. You could then view program listings and schedule recordings using just the remote. Next time you bring the remote in contact with your set top box the recordings will be scheduled.

The patent filings also show a series of on-screen menus that would allow users to browse program listings, schedule recordings, or watch recorded programs using an AppleTV. It's never a good idea to read too much into these patent filings. Some or all of these concepts may never see the light of day. But there's really not much reason to doubt that Apple plans to add PVR functions to the AppleTV. It's got a hard drive, internet connection, and it's designed to play video on your TV screen. Why wouldn't you be able to watch and record live programming using the same box?

TiVo thinking outside the "box" to raise the bottom line

TiVoWhile TiVo may have revolutionized television, and even coined a new word as the word TiVo has become synonymous with the digital video recording technology it pioneered. But a company based on a single technology, revolutionary though it may be, can struggle. And since its inception in 1999, TiVo has operated in the red. With other companies undercutting TiVo in the DVR market, the company lashed out at everyone and anyone for infringing on their intellectual ideas.

This New York Times article details that on November 29, the Patent and Trademark Office recognized TiVo's patent on the technology allowing viewers to watch one show while recording another. Couple that with a smaller quarterly loss than anticipated and the company sees a bright future.

Continue reading TiVo thinking outside the "box" to raise the bottom line

TiVo files pre-emptive patent lawsuit against Forgent

TiVoLooks like Forgent could be in for another unpleasant court battle. The other day, we told you that Forgent had lost its patent lawsuit against EchoStar. Forgent claims that pretty much every major personal video recorder on the market is violating its patent for computer controlled video systems that can play and record at the same time.

While a number of companies have reached out of court settlements with Forgent, EchoStar fought it out in court and won. TiVo's going a step further, and suing Forgent before the company can sue TiVo.

On May 17th, TiVo filed suit asking for a ruling showing that TiVo's technology does not infringe on Forgent's patent. While it might look like the move is a reaction to the EchoStar ruling, TiVo filed its lawsuit about a week before the courts ruled in that case.

Forgent says it's made about $28 million from settlements with other PVR companies, but almost half of that money was eaten up by legal costs.

[via TiVo Lovers]

Sling Media faces patent lawsuit

Mershon patentA man who invented a system for transmitting audio signals from a home system to other devices through a wireless telephone network is suing Sling Media, makers of the Slingbox. Inventor Stuart Mershon says their devices, which lets you stream video from home theater devices like DVD players or PVRs over the internet to a computer, PDA, or mobile phone running SlingPlayer software.

On its face, these seem like two pretty different technologies. One is audio, the other is video. One relies on wireless technology, the other on wired (Slingbox requires an Ethernet connection. While I always figured that's because they weren't sure 802.11g provided a strong enough signal for streaming video, perhaps they were trying to avoid just such a lawsuit?).

Also, most of the claims in Mershon's patent relate to a "wireless speaker system," which I supposed could technically be the computer you're running SlingPlayer on, but I think that's really pushing it.

Tivo wins first round against EchoStar

tivoThe first  blow in Tivo's patent infringement case against EchoStar has been dealt, and it's EchoStar taking it on the chin, at least for now. A federal jury awarded Tivo $73.9 million, a decision EchoStar plans to appeal. I'll admit right up front that I don't have enough technical expertise to say what was actually invented by Tivo and what technology was already in place beforehand, but EchoStar claims the patent is too broad. Meanwhile, Tivo has extended it's partnership with DirecTV, which currently accounts for the majority of Tivo subscribers. As part of the deal, the two companies have agreed not to file patent claims against one another.

Tivo ain't goin' down without a fight

tivoTivo has been suffering in the marketplace due to so many people opting to purchase satellite systems with DVRs already included, as opposed to buying the stand alone Tivo boxes. A new lawsuit the company filed recently against EchoStar, however, could change that. At least, that's what experts are predicting. The case centers on a key patent in DVR technology, one which Tivo believes EchoStar stole for its own DVR system. Tivo argues that EchoStar is infringing on its patent, thus making it difficult for the company to compete. If Tivo wins the case, which reports say is all but inevitable, the company would see damages paid from EchoStar possibly as high as $300 million. In addition, it would result in licensing deals with cable companies who currently use their own DVRs.

[via Lost Remote]

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