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TiVO Sues Verizon, AT&T for Patent Infringement, Q2 Loss

By Erik Sherman | Aug 26, 2009

After scoring a court victory, now being appealed, over DISH Network and EchoStar for patent infringement, TiVO is suing suing both Verizon and AT&T for infringing those same patents.

Companies often test their patents against a relatively small competitor, trying to get a victory, and precedent, under the belt before going after better-funded adversaries. So it’s not surprising that TiVO would have waited until it had some indication of potential success before committing the money necessary to take on the two telecom companies. CEO Thomas Rogers said that the company had tried to reach “a commercial arrangement” with the two. Not surprisingly, the company filed the actions in the eastern district of Texas, considered a plaintiff-friendly venue for patent cases. The company is seeking unspecified damages and a permanent injunction to keep the companies from offering their DVR services.

TiVO also reported its 2009 Q2 results, which included a $2.9 million loss on $48.8 million in revenue, down from $53.5 million in the same period the year before. So far, revenue is well off in the first six months of this year compared to 2008: $83.6 million versus $96.6 million. One of the reasons given for the quarterly drop was legal expenses. No kidding. TiVO is bound to feel some real pressure for an extended period, as both Verizon and AT&T have the resources to drag out a court battle for a considerable time.

Erik Sherman is a freelance journalist whose work has appeared in Newsweek, the New York Times Magazine, Technology Review, the Financial Times, Chief Executive, and other publications. Follow him on Twitter.

BNET User Analysis

Web Buzz:
  • Patent Judgment on TiVo Is Stayed

    New York Times - 173 days 11 hours 46 minutes ago

    A federal appeals court stayed a court’s order that would have forced Dish Network and EchoStar to disable millions of digital video recorders that infringe a patent held by TiVo.
    EchoStar to cough up $103M more for TiVo patent infringement$

    Ars Technica - 174 days 50 minutes ago

    TiVo has continued its utter patent beatdown of EchoStar in a case that goes back forever in Internet time (that is, 2005). A US District Judge rejected EchoStar's latest attempt to work around the TiVo patents in question and went so far as to hold the company in contempt of court. As a result, the judge ordered enforcement of the permanent...

  • EchoStar to cough up $103M more for TiVo patent infringement$

    Ars Technica - 174 days 50 minutes ago

    TiVo has continued its utter patent beatdown of EchoStar in a case that goes back forever in Internet time (that is, 2005). A US District Judge rejected EchoStar's latest attempt to work around the TiVo patents in question and went so far as to hold the company in contempt of court. As a result, the judge ordered enforcement of the permanent...

  • TiVo Targets Verizon, AT&T for DVR Suits

    PC Magazine - 88 days 20 hours 14 minutes ago

    After scoring a patent victory in its battle against DISH Network and EchoStar earlier this summer, TiVO on Wednesday announced that it would also go after AT&T and Verizon for similar violations. TiVO filed suit in a Texas District Court, accusing Verizon and AT&T of infringing on patents related to its digital video recorder (DVR) patents....

  • TiVo: Judge Rules Against EchoStar In DVR Patent Case

    Barron's Online - 174 days 19 hours 13 minutes ago

    TiVo (TIVO) shares are up sharply after hours after a federal court in Texas upheld the company's patents in its closely watched infringement case against EchoStar (SATS). The Judge ruled that EchoStar and DISH Network (DISH) are in contempt of court, rejected their workaround of TiVo's patent, ordered the companies to stop using TiVo technology...

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  •  
    1

    sunilsahal

    08/28/09 | Report as spam

    RE: TiVO Sues Verizon, AT&T for Patent Infringement, Q2 Loss

    'm just curious, but what they're suing for I was doing on my old Compudyne 4SX with a PBTV card installed. I have tons of ZIP disks and SuperDisks full of TV shows in the old AVI format of the 1990s, in the terrible resolution thereof. How is that different than TiVo?

  •  
    2

    ErikSherman

    08/28/09 | Report as spam

    RE: TiVO Sues Verizon, AT&T for Patent Infringement, Q2 Loss

    They're suing over the DVD/time shifting patents. Given that it's a service and involves live storage on a hard drive with automated recording, it may be that the obvious "save the file" approach wouldn't have been considered prior art that would overturn the patent. However, we'll see what Verizon and AT&T do in challenging the validity, which I'm sure they'll consider.

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