It’s easy to understand why so many media and technology watchers are riveted by TiVo’s bitter patent infringement court fight with Dish Network. TiVo says it owns most of the processes that define the DVR — including the ability to watch one show while recording another. If TiVo can persuade the courts tha
t the DVRs Dish provides to its satellite customers violate TiVo patents, then just about every cable and satellite company will have to pay TiVo to keep their own DVRs going. If TiVo loses the legal battle, then the company whose name is synonymous with the DVR probably will be kaput.
The U.S. Federal Court of Appeals could have delivered either side a knock-out blow on Wednesday in a ruling on Dish’s appeal of a lower court decision favoring TiVo. Instead the court gave both companies a reason to claim victory. TiVo prevailed in its argument that Dish’s older DVRs violated TiVo patents. That puts Dish on the hook to pay about $90 million to TiVo. Dish says that it has largely replaced the older DVRs with newer models that don’t violate TiVo’s patents — a claim that TiVo also disputes. The appeals justices left it to the lower courts to sort that out. And that gave Dish what it wants: the opportunity to drag the case out as long as possible in the hope that TiVo either loses, or runs out of cash. TiVo borrowed $150 million last month, mostly to keep going with its patent case against Dish — as well as similar clashes with Microsoft, AT&T, and Motorola. The patent that TiVo’s most eager to defend expires in 2018.
Wall Street seems to think that TiVo got the best of the deal on Wednesday. The DVR company’s shares closed at $10.84, up nearly 30%. Dish was down about 1% to $23.58. Yet Dish vows to bombard the courts with arguments in favor of keeping the new models going, and ask the U.S. Supreme Court to overturn the new appeals court ruling involving the older DVRs. Dish “could have a good case” at the high court, Wells Fargo analyst Marci Ryvicker says.


“TiVo borrowed $150 million last month, mostly to keep going with its patent case against Dish”
The lawyers are sure raking in the dough. They’ll be the real winners, no matter what the court decides.
As someone who’s had Tivos since day one, I hate to see The Man pulling them down. They still have the easiest to use interface and simplistic design that even my 100 year old Grandma who was broadsided by a Meels on Wheels truck can operate.
TiVo should take the money they have already recieved. Do the Wright brothers still own mans flight? Ones predilectional opinion saying “THE MAN” is trying to take them down is inacurate.Any patent therefor can be changed thru circuit changes along with upgraded fuctionality, but the main thing that change it is time. Dish DVR works great and I teach customers how to use it every day.Many are grandmothers!There is your predudicial but acuate comment!
Patents expire after 17 years. If Tivo does, in fact, hold a patent for the DVR Process, then they should prevail in this case regardless of the technology. That may mean higher prices for Dish customers until 2018, but you know what? Tivo INVENTED the TIVO. They spent a lot of time and resources and ingenuity creating the damn thing and they deserve a 17-year exclusivity period as their reward.
It’s nice that every cable/dish provider has a DVR now. But none of them hold a candle to the ease and simplicity of TiVo.
TiVo is great, I own two of them, but I still prefer Replay the company that was around with a DVR BEFORE TiVo. If you want to talk ease of use Replay beat TiVo hands down, and if TiVo can change somethign so that they can get around the Replay patent, then I see no reason why Dish could not change something to get around the TiVo patent.