A federal court has awarded TiVo $103 million plus interest in its long-running patent dispute with EchoStar Communications and ordered EchoStar to disable infringing features found on its subscribers' digital video recorders.
U.S. District Judge David Folsom on Tuesday also found EchoStar, which is now part of Dish Network, in contempt of court for violating a permanent injunction by reprogramming millions of DVRs with a new "workaround."
"The harm caused to TiVo by EchoStar's contempt is substantial," Folsom wrote. "EchoStar has gained millions of customers since this court's injunction was issued, customers that are now potentially unreachable by TiVo."
Englewood, Colo.-based Dish, which has roughly 13.6 million subscribers, said in a statement it would appeal the contempt ruling and file a motion to stay an order that requires it to disable the disputed DVR features within 30 days.
"Our engineers spent close to a year designing around TiVo's patent and removed the very features that TiVo said infringed at trial," the company said. "Existing Dish Network customers with DVRs are not immediately impacted by these recent developments."
The Alviso, Calif.-based maker of set-top boxes applauded the decision.
"We are extremely gratified by the court's well reasoned and thorough decision, in which it rejected EchoStar's attempted workaround claim regarding the TiVo patent, found EchoStar to be in contempt of court, and ordered the permanent injunction fully enforced," TiVo said in a statement. "EchoStar may attempt to further delay this case but we are very pleased the court has made it clear that there are major ramifications for continued infringement."
In after-hours trading, shares of TiVo rose $2.53, or 36 percent, to $9.51, while shares of Dish fell $1.19, or 6.9 percent, to $16.05.
TiVo first sued EchoStar in 2004 for violating a patent on a "multimedia time-warping system," which involved recording a program on one channel while watching another.
A jury in 2006 found that Dish Network's DVRs infringed upon a patent held by TiVo and ordered it to pay TiVo $73.9 million in damages. A federal appeals court upheld the ruling in January 2008, as did a second U.S. appeals court in April 2008.
EchoStar has officially announced a cable-ready version of its SlingLoaded DVR. Except for the fact that it's designed to work on any Tru2way-compatible cable system, the EchoStar T2200S will not be that different from the Dish Network ViP922, which snagged the Best of CES Home Video award at January's 2009 Consumer Electronics Show.
Like the ViP922, the EchoStar T2200S offers a laundry list of features we'd expect from a high-def DVR, including a 1TB hard drive and dual-tuner support. But EchoStar is also boasting of a built-in DOCSIS cable modem, MoCA (Multimedia over Coax Alliance) compatibility, and integrated SlingGuide programming search engine--all of that in addition to the built-in Slingbox functionality, which would allow users to access live and recorded programming via a wide range of Windows and Mac computers and smartphones (including many Windows Mobile, Symbian, and Blackberry models, with an iPhone client said to be coming soon).
EchoStar's release says that the T2200S will be "available for testing" by June 2009, with a fourth quarter rollout projected. That means it'll probably be 2010 before this product sees the light of day. While a consumer CableCard version--one you could buy off-the-shelf at Best Buy or Amazon--would likely be prohibitively expensive, it's possible that customers could lease a unit from their local cable provider (an "MSO," in industry parlance) with significantly less up-front cost. As always, the devil's in the details--but we love the idea that a SlingLoaded DVR would be available to cable viewers, not just Dish Network subscribers.
EchoStar SlingLoaded HD DVR 922 combines Slingbox and DVR into one super set-top box
(Credit:
Dish Network/EchoStar)
We're huge fans of the Slingbox, which lets you access your home TV from any broadband-connected PC and many models of 3G smartphones. But the boxes have always had a fundamental problem of monopolizing the host video source (cable/satellite box or DVR); if you access your Slingbox remotely and somebody happens to be watching the home TV, both of you are forced to watch ...
Read the full post at CNET's CES 2009 blog.
(Credit:
Dish Network)
After a delay of several months, Dish Network will be releasing the DTVPal DVR in mid-December. The antenna-friendly HD DVR will retail for $250 (after a $50 instant rebate).
You may remember the DTV Pal DVR as the EchoStar TR-50. That's the name under which it was launched at the Consumer Electronics Show in January, where it garnered CNET's Best of CES award for the home video category.
The latest iteration of the DTVPal DVR is pictured above. While the name and look of the product have changed a bit, it appears that it retains its core feature set: the ability to record digital TV programming to its internal hard drive (30 hours of HD video or 150 hours of standard-def), a 7-day electronic programming guide, and--the big one--no additional subscription fee or contract. That last point is a big distinction from TiVo DVRs, which require a subscription fee above and beyond the cost of the hardware. Dish is also reaffirming that the device supports closed captioning, program search, and analog passthrough.
The DTVPal DVR will be available for pre-order starting November 19 at dtvpal.com. (It's not eligible for the $40 government DTV coupon, which is why Dish is throwing in the instant rebate.)
I know from my e-mail that there have been quite a few consumers looking for just such a device--an HD DVR for over-the-air programming that doesn't require a monthly fee. The question now is whether or not the DTVPal DVR will live up to its impressive specs, as well as to its excellent satellite-only predecessors such as the ViP722. Dish has promised us a review sample by the end of the month, so we should be able to share a full review soon.
See the SlingPlayer 2.0 beta in action.
(Credit: CNET)The beta version of the SlingPlayer 2.0 software is now available for Windows users as a free download from Sling Media's Web site. The software, which allows owners of the company's Slingbox products to access their TV programming via any broadband-connected PC, includes several notable upgrades from the previous version:
... Read more
We just posted our full review of the Dish Network DTVPal DTV converter box, and it's one of the best units we've tested so far. The standout feature of the DTVPal is its electronic program guide, which can handle several days worth of data and has a layout similar to what you'd see on a cable box or TiVo. It's also really responsive, so cycling through a day or two of programs feels pretty effortless. Besides the EPG, reception and video quality was good (but not great), but we were a little disappointed by the remote--especially compared with the RCA DTA800. Be sure to read the full DTVPal review to get all the details.
Along with the review, we've also been able to get the latest info on the differences between the Dish Network DTVPal and the EchoStar TR-40.... Read more
This blog was updated at 1:20 p.m. PDT with a statement from TiVo.
A month after an appeals court confirmed that Dish Network's DVR software had indeed violated a TiVo patent, Dish is retaliating with a lawsuit of its own.
(Credit:
Dish Network)
The Colorado-based satellite TV provider filed suit in Delaware Friday, asking the court to declare that Dish's current DVR software does not violate TiVo's '389 patent.
Dish says in the filing that it updated its software nearly two years ago in response to TiVo's patent violation suit. It wants TiVo to stop making public statements that allege that the current software on Dish's DVRs are still in violation because it's "causing uncertainty in the marketplace for DVRs," according to the court filing.
A TiVo spokesperson said the company had not yet seen the filing, and therefore could not comment.
The SlingModem: cable modem plus Slingbox
(Credit: Sling Media)EchoStar will be officially unveiling the SlingModem at next week's Cable Show trade event in New Orleans. As the name suggests, the product combines a standard DOCSIS cable modem and a Slingbox media placeshifter--which transmits live TV broadcasts to Windows PCs, Macs, and a variety of smartphones--in one compact housing. If it sounds familiar, it's because the product was soft-launched at January's Consumer Electronics Show (following several online appearances at various enthusiast sites). The SlingModem will be sold directly to cable providers, who will then sell or lease the product to their customers. Exact price and availability weren't disclosed.
Having the SlingModem in the AV rack would be potentially helpful for the increasing number of consumers using network-capable devices for home entertainment (TiVo, Apple TV, and all three game consoles, for instance). ... Read more
The latest software pledges to fix the dodgy video quality on the Sprint Mogul.
(Credit: CNET)Sling Media is offering upgraded versions of three of its mobile software clients: SlingPlayer Mobile for Windows Mobile PocketPC (now version 1.6), Windows Mobile Smartphone (also 1.6), and Symbian S60 (1.1). According to Sling's press release, the updated software adds support for additional hardware--including the Nokia N95 8GB, the Treo 500v, and the Samsung i760--and improves the streaming experience on "select handsets," including the the Sprint Mogul. The upgrades are free for registered users of the previous versions. Download prices for new users remain at $30 per handset, and with the free 30-day trial period, you can try before you buy.
Still available (but not updated today) is Sling's Palm OS mobile client. The company is pledging Symbian UIQ (for Sony Ericsson phones, as opposed to the Nokia/S60 version mentioned above), and BlackBerry support by the end of 2008. Of course, in order to stream live TV (or any other home AV source) with the SlingPlayer Mobile software, you'll need a Slingbox up and running in your home.
What do you think: do the new Slingbox Mobile software clients make a good product even better? Or do you prefer rival offerings from the likes of Sony, Hava/Monsoon Multimedia, and--soon--Archos? Or is the whole "TV on your phone" movement overrated?
SlingPlayer Mobile downloads (US): Slingmedia.com
Looks like Dish may have spoken a bit too soon.
A little over a week ago, an appeals court determined that Dish Network (formerly EchoStar Communications) had indeed violated a software patent held by TiVo on digital video recorders.
(Credit:
CNET Networks)
While TiVo gleefully celebrated, Dish expressed disappointment, but assured its customers that none of its products would be affected because the software that was in violation had already been remotely updated by the company some months before.
Now it appears there's just a bit more to the story. Engadget has a blog pointing to notices Dish sent on Monday. The Colorado-based satellite TV company informed customers that though most of its DVRs are in the clear, there are four models--the 721, 921, 942, and Homezone 1022--that can no longer be sold because their software has not been updated. This only affects hardware bearing those model numbers that have not been sold or activated. If you already have one of those models installed, Dish says it is not subject to the injunction.
It's really important to note that these are fairly old models, so this likely won't affect many Dish resellers. The 942 model, for example, was reviewed by CNET in 2005.
