After catching the Best Buy HD DVD sale I’d missed earlier, I checked some of my other affiliates for high-def sales. Looks like Buy.com still has a couple of ‘Blu-ray Blowout’ sales running. One, which is indefinite, has 32 titles with pricing starting at $16. The other, which runs through February 29th, has prices starting at $15.

And, on the subject of Blu-ray, independent distributor Surround Records, which releases multi-channel audio discs on DVD and HD DVD, is also adding Blu-ray to their format lineup. They’ll be starting by releasing Blu-ray versions of titles previously released on HD DVD. From High-Def Digest via Blu-ray.com.

I think I missed this earlier. This sale started on Sunday, January 27th and runs through Friday, February 8th. Buy one of 14 HD DVDs from Best Buy, get a second HD DVD from the list free. Limit one per order.

Richard, thank you for the TiVo Rewards Referral.

If you want to get an original TiVo Series3 TCD648250B, you’d better act soon, because they’re going away. TiVo is end-of-lifing the TCD648250B, the original Series3 with the OLED display, etc, and will focus on the TiVo HD, TCD652160. Lou Jacob of DVRupgrade just forwarded me this news from TiVo:

I wanted to give an update on our plans with the TiVo Series3 HD DVR. A successful implementation of the $200 rebate through the holidays has drained supply at a faster rate than anticipated. This has caused a continued component shortage that cannot be rectified for several months (4-6). Due to this parts supply situation, we have made the difficult decision to accelerate the EOL of this SKU and focus all efforts on the recently launched, lower cost TiVo HD DVR (TCD652160). Our sincere apologies for the short notice on this decision. Please let me know if you have any questions.

I’m not surprised. I’ve said a few times now that I expected TiVo to discontinue the original Series3 and likely the Series2DT, to focus solely on the TiVo HD platform going forward. Hopefully, with the demise of the S3, we may see some additional models in the TiVo HD line - large drives perhaps? So if, for some reason, you’re set on getting the original S3 with the OLED display, bundled Glo remote, and THX certification, you’d better find one before they’re gone. DVRupgrade still has some expanded units in stock.

EDIT: I emailed TiVo earlier today with a few questions about this news, and they sent me the following statement:

We are nearing the end of production on this particular model of the Series3 hardware. However, we are not ‘End Of Lifing’ the product (EOL). Development continues on new features and capabilities for all Series3 platforms, including this specific model. There is no impact to current or future customers of this model, they can continue to expect and enjoy the TiVo Service on their DVR. Availability of the 250G model will vary from retailer to retailer throughout the year, and as a result we are currently recommending the TiVo HD model as an alternative solution for their customers.

EDIT: See questions raised by the Series3 EOL.

The US Court of Appeals for the Federal Circuit today handed down their ruling on EchoStar’s appeal of the district court ruling in favor of TiVo. The court unanimously upheld the decision on patent infringement for the software, full award of the damages, and reinstated the injunction against EchoStar’s DVRs, which had been suspended during the appeal. They did reverse the judgment of patent infringement on the hardware and remanded any further proceedings with regard to the hardware infringement claims back to the lower court:

In sum, because of a failure of proof of literal infringement, we reverse the judgment of infringement of the hardware claims with respect to all of the accused devices. We remand for any further proceedings that may be necessary with respect to those claims. We affirm the judgment of infringement of the software claims with respect to all of the accused devices. Because the damages calculation at trial was not predicated on the infringement of particular claims, and because we have upheld the jury’s verdict that all of the accused devices infringe the software claims, we affirm the damages award entered by the district court.

The district court’s injunction was stayed during the course of these proceedings. The stay that was issued pending appeal will dissolve when this appeal becomes final. At that time, the district court can make a determination as to the additional damages, if any, that TiVo has sustained while the stay of the permanent injunction has been in effect.

TiVo issued a statement regarding the ruling:

“We are extremely pleased that the United States Court of Appeals for the Federal Circuit unanimously ruled in our favor in EchoStar’s appeal of the district court judgment of patent infringement, full award of damages and that the injunction, which was stayed pending appeal, was ordered to be reinstated. Today’s ruling is confirmation of the value of TiVo’s IP portfolio, which is in addition to the other benefits TiVo has to offer. TiVo can now continue to focus on its goal to drive greater distribution in both its stand alone and mass distribution efforts.”

This is certainly not the outcome EchoStar was hoping for, and it is all good news for TiVo. While EchoStar may try to appeal this ruling, I think it is more likely that they will quickly come to terms with TiVo on licensing of TiVo’s patents, to avoid having to disable EchoStar DVRs already in the field under terms of the injunction. I don’t think it is very likely that they will actually license the TiVo platform and use it on DVRs, as DirecTV did, but rather that they will license the patents so that they can use the IP in their own DVRs.

This ruling is not only good for TiVo for the damages, and licensing revenue, they’ll collect from EchoStar, but also because it strengthens their position when negotiating with other vendors. With the infringement ruling upheld, other DVR vendors are more likely to license TiVo’s patent portfolio, rather than face their own lawsuit. And it could encourage more cable MSOs to license TiVo’s OCAP software for their networks.

Certainly a good day for TiVo.

Thanks to reader Jason for the link to the PDF of the ruling.

EDIT: See follow-up post for additional comments on the case.

TiVo and CBS have formed a research partnership which revolves around TiVo’s Stop||Watch service. Data gathered by the service will provide insights into the viewing habits of DVR users, which will allow CBS to better tailor their advertising and promotional efforts.

Through TiVo’s Stop||Watch™ service, which provides the industry’s only second-by-second measurement of program and specific commercial ratings for both live and time-shifted viewing, CBS will have access to the industry’s richest insights into DVR viewing behavior. This partnership will allow CBS to develop and measure new strategies to deliver results for its advertising clients, including learning how to structure pods and interstitials to better keep audience attention during commercial breaks, and develop new and improved promotional strategies for time-shifted viewers to build audiences for its programs.

See the full press release for more details.

Jason, thank you for the TiVo Rewards Referral.