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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.


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.
Turbo HD shenanigans aside, DISH Network's latest press release touts its exclusive -- nationwide -- carriage of MSNBC HD, conveniently sidestepping Cablevision and Time Warner customers that have had the channel since launch last month. Still, if you enjoy Morning Joe and the rest of the MSNBC lineup in high definition and are a Classic Silver 200 or higher subscriber it should be in your lineup as of yesterday, though we suppose you're probably more interested in finding out if your DVR will continue to work.
News of another delay should be absolutely no surprise to anyone that's followed the details of this case, as DISH was granted a stay by the U.S. Court of Appeals for the Federal Circuit pending its appeal of a $190 million ruling in favor of TiVo which will allow its customers to continue using their DVRs, at least for now. For its part, TiVo repeated its praise of the "thorough and well-reasoned decision finding EchoStar in contempt of court for violating the injunction and awarding further damages" and is confident the ruling will be upheld, again. Did anyone really think this one would just end so easily?
One of our favorite rumors rides again, but this time it's Dish that might be interested in buying TiVo. The new twist this time though is the motivation, and we can totally see how Dish would love to make this happen. The problem of course is that TiVo isn't interested in any such shenanigans and has gone as far as to write a poison pill into its bylaws. Our friend Davis Freeberg has been writing about TiVo's poison pill for years and more recently, at about the same time as the latest court decision came down against Dish, he saw some interesting traffic in his web server logs from none other than a Dish Network IP. No clue who the user was, but they spent some time reading up on TiVo's poison pill. Davis is no lawyer, but it is his understanding that if Dish attempted to take over TiVo, it'd cost them about $71 per share -- which comes to about $7.5 Billion. This is about seven times what the stock is actually worth and although we'd be shocked if this happened, we have to admit that crazier things have.
It's the case that never ends -- the U.S. Court of Appeals for the Federal Circuit has issued a temporary delay 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.







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