DISH Network Corporation (Nasdaq: DISH) and EchoStar Corporation (Nasdaq: SATS) issued the following statement regarding recent developments in the TiVo Inc. v. EchoStar Communications Corp. lawsuit:

“We are pleased that the Patent and Trademark Office (PTO) granted our Petition for Re-Examination of the software claims of TiVo’s ‘389 patent, which are the subject of TiVo’s current motion for contempt. The PTO found that there is a ’substantial new question’ of patentability as to the software claims in light of prior patents that appear to render TiVo’s ‘389 patent invalid as obvious.”

And TiVo responded with their own statement:

TiVo Inc. (Nasdaq: TIVO), the creator of and a leader in television products and services for digital video recorders (DVR), offered the following statement today regarding the decision by the United States Patent and Trademark Office to reexamine the software claims of TiVo’s Time Warp Patent:

“EchoStar filed its latest request for reexamination after TiVo asked the United States District Court to hold EchoStar in contempt of the Court’s injunction requiring EchoStar to disable its DVR functionality. An evidentiary hearing on the contempt issues is scheduled to be held on February 17 and 18, 2009.

“EchoStar’s latest tactic follows numerous failed attempts to invalidate TiVo’s groundbreaking Time Warp patent. In 2006, the District Court rejected all of EchoStar’s validity challenges after a full jury trial and the judgment of validity was affirmed by the Federal Circuit in 2008. The USPTO also conducted a prior reexamination of the Time Warp Patent at EchoStar’s request, which concluded on November 11, 2008, with the USPTO issuing a Reexamination Certificate confirming the validity of all of the claims of the Time Warp Patent without any change. EchoStar’s latest request for reexamination is based on a combination of two prior art references that were both already submitted to the USPTO in connection with the earlier reexamination. The USPTO grants most patent reexamination requests. Contrary to EchoStar’s statement, the USPTO made no substantive findings. We are confident that the USPTO will once again confirm the validity of all of the claims of the Time Warp patent.”

Round and round we go…

The EchoStar HD DuoDVR SlingLoaded ViP 922 won CNET’s “Best of CES” today, and two of G4’s judging panelists, Attack of the Show host Kevin Pereira and Wired’s Chris Hardwick, both picked EchoStar’s SlingLoaded 922 as their very favorite out of the entire 2009 CES. The EchoStar 922’s unique user interface and remote control were also selected as CES Innovations 2009 Design and Engineering Award honorees prior to the show.

More:

ECHOSTAR’S SLINGLOADED 922 WINS CNET’S ‘BEST OF CES’ AWARD FOR HOTTEST HOME VIDEO PRODUCT AT 2009 INTERNATIONAL CONSUMER ELECTRONICS SHOW

Las Vegas, Jan. 10, 2009

Attention editors: EchoStar Technologies L.L.C. and Sling Media, subsidiaries of EchoStar Corporation, announced today that it won a “Best of CES” award from the editors of CNET (www.CNET.com) for its EchoStar SlingLoaded™ 922 HD DVR, the world’s first high definition digital video recorder that incorporates Sling Media’s patented placeshifting technology.

CNET, in cooperation with the Consumer Electronics Association, selected the EchoStar 922 SlingLoaded set-top box out of hundreds of entries from CES. The EchoStar 922 won in the home video category, besting the other finalists Panasonic and LG.

The EchoStar 922 is an entertainment centerpiece combining the best of video and IP technologies into a capacitive-touch set-top box. By integrating Sling Media’s Slingbox technology, the EchoStar 922 lets TV aficionados watch and control their favorite TV shows and sporting events from anywhere in the world via a broadband Internet connection on their laptop or mobile phone. Accessing multiple video sources, viewers will never run out of shows to watch. The EchoStar 922 features a massive 1 terabyte hard drive for up to 1,000 hours of storage and supports external hard drives.

The EchoStar 922 is a revolutionary departure from the traditional cable or satellite set-top box. Its touchpad remote control, which eliminates half the buttons of a standard remote control, gives users cursor-like navigation on their TV screen. With a slide of the thumb, viewers experience scroll-over activation of widget-like tiles and pop-up menus, all selectable by an underside index finger trigger.

The new user interface goes beyond traditional text-based user interfaces by using movie poster graphics, tiles or widget-based menus, and cursor-type navigation for a powerful yet simplified user experience that is highly adaptable to future applications.

EchoStar will deliver the EchoStar 922 to its first operator, DISH Network, in spring 2009 as the HD DuoDVR™ SlingLoaded™ ViP® 922, furnishing satellite TV customers with a break-through TV experience.

Selected by CNET’s unbiased expert editors, winners are recognized as having the hottest products in their respective technology categories for their unmatched innovation and creativity, and their ability to excite consumers and help them explore a world gone digital. CNET editors reviewed hundreds of entries, as well as scoured the 2009 International CES show floor for products to consider for the prestigious award.

The ten categories include car tech; cell phones and smart phones; computers and hardware; digital photo and video; gaming; GPS; home audio; home video; MP3 and portable video players; and televisions. A video of the winners and finalists showcasing their technologies can be found at http://www.cnet.com/ces.

For images of the 922 and its award winning remote control and user interface, please visit: http://www.slingmedia.com/go/press-downloads.

Disclaimer: Yes, I work for Sling Media, which is owned by EchoStar. I’m proud of my company winning this award and think this is a pretty cool product.

Going into this CES I’m not sure what the big deal is going to be this year, if there is one. The economy is down and I haven’t really felt any particular buzz about any given area of the market. HDTVs get bigger while getting thinner and faster (refresh rates). We may see some interesting 3D technologies which will start to enter homes in the next few years. Palm is expected to announce Nova and new hardware, but I’m not excited. I was a die-hard Palm OS user for many years, since 1998, and still carry a Treo 680. But after five or more years of waiting for Palm OS 6 Cobalt Nova I just don’t feel that inspired. I’m already focused on Android as my next likely platform, and it would take a lot for Palm to sway me. Even if they produce an incredible OS, they have an uphill battle ahead to win over developers. I don’t think they have a real chance at this point to gain significant market share. And without that the developers won’t come – and the apps really make the platform.

Going forward I think the mobile market will effectively be, in no particular order, Windows Mobile Professional, BlackBerry, Symbian S60, iPhone, and Android. The original Palm OS is the walking dead, and I don’t see Nova/Palm OS II carving out enough market share to be viable. Symbian UIQ is effectively dead as SonyEricsson and Motorola have pulled out and the Symbian world is focused on the S60-based open source effort. Windows Mobile Standard (aka Smartphone) is rapidly dying as Professional-based touch screen devices move into the lower end of the market where Standard used to focus. I expect Android, which is basically just coming into the market, to post the biggest gains as more devices land. I think the LiMo/LIPS effort will falter and expect to see some of the vendors who have been working on it switch to Android. I think those five platforms will provide the bulk of the smartphone market, anything else will be a small niche.

We’ll probably see more tru2way devices on display from a number of vendors this year, but I don’t know that we’ll see anything revolutionary in that market. I’m hoping TiVo may be showing off their ‘Series4′ tru2way-enabled model, which they’re believed to have been working on for a while. And they may be showing their new DirecTV software, which I expect will be running on the HR20/21/22 DirecTV DVR Plus hardware. I’m not expecting anything else major, maybe some new content partnership announcements and perhaps plans to bring TiVo to more countries. (I’m surprised they haven’t re-launched in the UK yet with the DVB-T model actually.)

The past couple of years the Blu-ray vs. HD-DVD fight provided some interest. But that was effectively over with CES2008, and officially ended when Toshiba threw in the towel in February. There aren’t likely to be any big announcements in the Blu-ray world, aside from more content partnerships like LG adding CinemaNow and YouTube to Netflix on their players. Maybe someone will be showing off higher density disc or 3D content concepts.

I’m hoping to be surprised by something at the show, something just unexpected. If you know of something I should be on the look out for, do let me know. And if you’re going to CES drop by the Sling Media booth and say hello. I believe I’m on the afternoons of Thursday, Saturday, and Sunday, and on Friday morning. I’m also scheduled to present for Sling Media at CntrStg on Saturday. Frankly I’m nervous as hell about that. It has been years since I’ve done a presentation or talk at a tradeshow and never at anything as big as CES.

OK, off to finish packing.

If the U.S. Court of Appeals for the Federal Circuit in Washington decides that a jury trial is warranted, it would bring everything around to where it was a few years ago – a trial to determine if TiVo’s patents are being infringed. While the jury in the first trial sided with TiVo, and the verdict was upheld on appeal, Dish claims that their new software is no longer infringing. So if a new trial is granted it’d be the same case, redux.

I Am Not A Lawyer, but it seems odd to me. Can this be stretched out indefinitely just by issuing software updates and saying each one needs a new jury trial to determine if it is infringing? I think this show jumped the shark.

Disclaimer: I work for Sling Media, which is owned by EchoStar.

After the announcement, EchoStar and DISH Network issued this statement:

“We are pleased that the district court did not find us in contempt on the face of the injunction. We look forward to the February bench trial on our software design-around. Our subscribers can continue using their award-winning DVRs from DISH Network.”

TiVo responded with a statement of their own:

“We are pleased that the U.S. District Court has scheduled a hearing on EchoStar’s purported workaround on February 17, 2009. Contrary To EchoStar’s statement today, the Court did not rule on TiVo’s pending motion for contempt of the injunction. The Court will do so after the hearing as well as rule on the amount of damages owed to TiVo beyond the nearly $105 million already paid by EchoStar. This is a positive step, particularly the accelerated discovery ordered by the Court, towards the ultimate resolution of all issues in the litigation and we remain confident that we will prevail in showing that EchoStar’s workaround does not avoid infringement.”

So more jousting on both sides. Now we stay tuned until February.

UPDATE: TiVo issued a revised statement today, note the difference:

“We are pleased that the U.S. District Court has scheduled a hearing on EchoStar’s purported workaround on February 17, 2009. Contrary to EchoStar’s statement yesterday, the Court did not rule on TiVo’s pending motion for contempt of the injunction. The Court will do so after the hearing as well as rule on the amount of damages owed to TiVo (which EchoStar admitted at the September 4, 2008 hearing are owed) beyond the nearly $105 million already paid by EchoStar. This is a positive step, particularly the accelerated discovery ordered by the Court, towards the ultimate resolution of all issues in the litigation and we remain confident that we will prevail in showing that EchoStar’s workaround does not avoid infringement.”

Disclaimer: I work for Sling Media, which is owned by EchoStar.

Dish Network is selling several converter boxes — the TR-40 CRA, DTVPal, DTVPal Plus and the DTVPal DVR (the latter available latter[sic] this month) — that will receive and convert digital TV signals to analog and pass through remaining low-power TV channels.

Information on the DTVPal DVR, introduced back at CES as the EchoStar TR-50, has been pretty scarce. It is an OTA-only DVR, basically a DTVPal (TR-40) converter box with added DVR features. So it’ll be interested to see those hit the market.

As for the main subject of the article, the CBA will be teaming with Dish Network to promote Dish’s lineup of converter boxes to TV viewers who will be impacted by the February 17, 2009 digital transition.

Disclaimer: I work for Sling Media, which is owned by EchoStar, who makes the boxes for Dish Network.

“We are pleased to have received $104,600,472 from EchoStar on October 8, 2008, which includes the initial $74 million in damages awarded by the United States District Court for EchoStar’s willful patent infringement as well as supplemental damages covering the period through September 8, 2006 and interest. We remain confident that the District Court will enforce the injunction and award further damages from EchoStar’s continued infringement of our Time Warp patent.”

Judge Folsom in Texas had said he’d try to render his decision by October 1, but that it may come as late as November. As the decision has not yet been delivered, we may have a few more weeks before the final word. Then, of course, DISH there could be further appeals of his decision.

TiVo issued the following statement:

“We are extremely pleased that the United States Supreme Court has denied EchoStar’s petition to review the United States Court of Appeals for the Federal Circuit unanimous ruling that upheld the District Court judgment of willful patent infringement, full award of damages, and a permanent injunction against EchoStar’s infringing DVR products. We look forward to the expeditious receipt of damages awarded by the District Court covering the period through September 8, 2006 and remain confident that the District Court will enforce the injunction and award further damages from EchoStar’s continued infringement of our Time Warp patent.”

DISH Network and EchoStar issued their own statement a short time later:

“As expected, the Supreme Court denied our petition for certiorari today.

The Supreme Court’s decision, however, does not impact our software design-around, which has been placed in DISH DVRs subject to the district court’s injunction, and our customers can continue using their DISH DVRs. We believe that the design-around does not infringe Tivo’s patent and that Tivo’s pending motion for contempt should be denied. We look forward to that ruling in the near future.

Because of the Supreme Court’s decision, we will pay Tivo approximately $104 million (the amount the jury awarded in 2006 plus interest). The money is in an escrow account and will be released to Tivo in the next few days.”

This is not the end however, the US District Court in Texas has yet to rule on additional damages as well as the injunction. TiVo claims that DISH Network continued to infringe after the initial award, and indeed continues to infringe, and therefore TiVo is entitled to additional damages. Further they claim that the DISH Network DVRs are subject to the injunction that is part of the initial ruling, upheld today, and therefore must be switched off.

DISH Network for their part claim that a software ‘design around’ they deployed following the ruling makes their DVRs no longer infringing, and hence means there should be no additional damages and, more importantly, that their DVRs are not subject to the injunction.

So depending on how Judge David Folsom decides in Texas this could be the end, or DISH Network could be facing additional payouts and potentially needing to disable millions of DVRs in the field. (Personally I don’t think it’ll come to that. If they’re ordered to switch them off I expect an 11th hour deal with TiVo to license the patents to keep them on.)

But today’s decision does seem to finally be the beginning of the end for this long legal saga.

Disclaimer: I’m employed by Sling Media, which is owned by EchoStar.

These claims have clearly struck a sensitive nerve within the Blu-ray community, which, given their strategy as outlined above, is perhaps not surprising. Today the BDA has given me the following statement:

“A number of companies have recently launched advertising campaigns claiming their products deliver high definition picture and sound “equal” to that delivered by Blu-ray Disc. These comparisons are irresponsible and are misleading to consumers. Up conversion and satellite broadcast cannot provide a true Blu-ray high definition experience, as neither is technically capable of producing the quality delivered by Blu-ray players and Blu-ray discs. To that end, the Blu-ray Disc Association is exploring these claims further and will take appropriate action, as necessary, to prevent consumers seeking the ultimate in high-definition home entertainment from being misled.”

I’m happy to see this. Blu-ray has struggled to educate consumers about higher quality home cinema, and now that it is started to gain recognition and traction in the market other vendors are trying to ride their coattails by tricking consumers into thinking they offer the same quality experience just because they’re also ‘1080p’.

Picked up from EngadgetHD.

The migration to MPEG-4 AVC away from MPEG-2 will allow DISH Network to add additional channels, especially HD content, as the new codec is more efficient and allows for more channels to be carried by the available satellite transponders.

Dish issued a press release, though I take issue with the phrase “Blu-Ray Disc quality 1080p resolution”. While it may be 1080p HD content, and Blu-ray is indeed 1080p, DISH sure as hell is not coming close to the bitrates delivered by Blu-ray (nor would I expect them to), so they can’t match the overall image quality. Not to mention the lossless audio available on many Blu-ray titles. Here’s the release:

Aug 25, 2008 16:09 ET

DISH Network® First to Offer All Standard and High Definition Programming in MPEG-4

Industry’s Most Advanced Delivery System Includes Best Picture Quality on Any TV

ENGLEWOOD, Colo., Aug. 25 /PRNewswire-FirstCall/ — DISH Network Corporation (NASDAQ:DISH) , the third largest pay-TV provider and the digital television leader, today became the first in the pay-TV industry to transmit all standard and high definition programming in the MPEG-4 Advanced Video Coding Standard. This milestone continues DISH Network’s series of industry firsts, including the latest expansion in high definition services, the launch of TurboHD — the only 100 percent HD service — the availability of movies in Blu-Ray Disc quality 1080p resolution, and the commitment to offer up to 150 national HD channels by the end of the year.

New customers in 21 designated markets* in the eastern half of the U.S. who sign up for any DISH Network® HD package will be the first in the nation to receive the industry’s most advanced delivery system on all televisions connected to DISH Network service. This includes all SD and HD programming broadcast in MPEG-4 via DISH Network’s award-winning MPEG-4 HD and HD DVR receivers — even further enhancing DISH Network’s already superior picture.

“DISH Network once again leads the pack in providing customers with an unparalleled entertainment experience. Our complete MPEG-4 solution — which will offer up to 150 HD channels by the end of the year — uses the most advanced technology in the industry to deliver the best quality picture to any television set in the home, perfect for those who have or are considering upgrading to high definition,” said Jessica Insalaco, Chief Marketing Officer for DISH Network. “We look forward to expanding this advanced service to more consumers throughout the U.S. in the coming months.”

To maximize the MPEG-4 TV experience, new customers can sign up for DISH Network’s recently-introduced TurboHD, the only packages in the industry featuring 100 percent HD, MPEG-4 programming, starting at $24.99 per month. TurboHD is available in three separate tiers and comprises special “turbo-charged” features and benefits such as DISH Network’s award-winning and industry-leading technology, the highest quality HD available including 1080p where applicable, and the most-watched HD channels that may be viewed on any TV — analog, digital or high definition.

Current DISH Network customers looking to add the industry’s best high definition experience can get a “turbo-charged” HD package for as little as $10 more per month.

For more information about DISH Network’s MPEG-4 service, 1080p programming, new HD channels, and TurboHD system and packages, visit http://www.dishnetwork.com/ or call 1-800-333-DISH (3474).

  * The first wave of the all-MPEG-4 offer will occur in 21 markets,
    including: Cleveland; Richmond, Va.; Baltimore.; Columbia, S.C.; Tampa,
    Fla; Green Bay, Wis.; Greensboro, N.C.; Providence, R.I.; Greenville,
    S.C., Knoxville, Tenn.; Raleigh, N.C.; Chicago; Detroit; Charlotte,
    N.C.; Dallas; Nashville, Tenn.; Minneapolis, Minn.; Philadelphia.;
    Washington, D.C.; New York, N.Y.; and Hartford, Conn. Additional markets
    will be announced at a later date.

About DISH Network Corporation

DISH Network Corporation (NASDAQ:DISH) , the nation’s third largest pay-TV provider and the leader in digital television, provides approximately 13.79 million satellite TV customers as of June 30, 2008 with industry-leading customer satisfaction which has surpassed major cable TV providers for eight consecutive years. DISH Network also provides customers with award-winning HD and DVR technology including the ViP722™ HD DVR, which received the Editors’ Choice awards from both CNET and PC Magazine. In addition, subscribers enjoy access to hundreds of video and audio channels, the most International channels in the U.S., industry-leading Interactive TV applications, Latino programming, and the best sports and movies in HD. DISH Network offers a variety of package and price options including the lowest all-digital price in America, the DishDVR Advantage Package, high-speed Internet service, and a free upgrade to the best HD DVR in the industry. DISH Network is included in the Nasdaq-100 Index (NDX) and is a Fortune 300 company. Visit http://www.dishnetwork.com/aboutus or call 1-800-333-DISH (3474) for more information.

Source: DISH Network Corporation

CONTACT: Francie Bauer of DISH Network, +1-729-514-5351,
press@echostar.com

Web site: http://www.dishnetwork.com/

Disclaimer: I work for Sling Media, which is owned by EchoStar, which is kind of a sister company to DISH Network… I feel like Dark Helmut describing his relationship to Lone Starr.

To muddy the waters a bit more, DISH Network is now offering the TR-40 CRA for $39.99 – free with a coupon. And it looks like the TR-40 CRA is identical to the DTVPal, save for the labels. From the site’s FAQ:

What is the difference between TR-40 CRA and DTVPal?

TR-40 CRA is a special limited production version of the DTVPal. Offered at the government coupon price of $40, the TR-40 CRA includes the highly-acclaimed features and functionality of the DTVPal.

DTVPal has garnered much praise in recent months and is recommended as a “top choice” by CNET. DTVPal’s amazing features and consumer-friendly technology make it a great value at only $19.99 with a $40 government coupon.

So if you’re in need of a set-top box for the DTV transition you can get the TR-40 CRA free with a government coupon, and get the same hardware and features as the $60 DTVPal, which is $20 with the coupon.

Interestingly the NTIA list of approved set top boxes also includes the EchoStar TR-40 and a DISH Network DTVPal Plus, both of which are listed as approved, but currently unavailable. At first I thought the DTVPal Plus might be the EchoStar TR-50 ATSC DVR shown at CES, but it can’t be as having the TR-50s capabilities make it ineligible for a coupon, hence it wouldn’t be on the approved list. Curious.

Disclaimer: I work for Sling Media, which is owned by EchoStar.

This license does open up new possibilities. A CableCARD-enabled Slingbox, perhaps. EchoStar could take their DVR platform, as used by DISH Network, and re-purpose it as a CableCARD DVR for cable MSOs and/or consumers. Something like the recently announced 722s DVR with built-in Slingbox & SlingCatcher features, only for cable, could be quite an interesting product. (Perhaps waiting for the final act in the DVR patent lawsuit with TiVo to remove any uncertainty for customers.) They could produce a whole new cable STB unrelated to any of their current platforms. It will certainly be interesting to see what they do with the license, I’m sure they didn’t sign it just for laughs.

Their press release is below:

For Immediate Release

EchoStar™ Signs tru2way™ Host Device License Agreement with CableLabs®

Company strengthens its commitment to the cable market with tru2way™ agreement, signaling its intent to build set-top boxes for the cable industry.

Englewood, CO., August 11, 2008 — EchoStar Technologies L.L.C., an operating entity of EchoStar Corporation (NASDAQ: SATS), solidified its commitment to providing innovative products and technologies to the cable industry with its recent signing of the tru2way™ Host Device License Agreement with CableLabs®. This agreement grants EchoStar the rights required to implement OpenCable™ Application Platform (OCAP™) middleware and the CableCARD™ interface on devices using tru2way technology, allowing users to take full advantage of two-way, interactive cable services.

Tru2way technology is an innovative national software platform that enables cable’s interactive services to be delivered to two-way plug and play TVs, set-top boxes, and other devices. Tru2way also creates a national footprint for the creators of interactive services to develop products that work on cable systems in nearly every U.S. market. Major cable operators have committed to support the tru2way platform on systems covering more than 90 million U.S. homes by the end of 2008.

The agreement consolidates, clarifies, and provides an alternative to the existing CableCARD-Host Interface License Agreement (CHILA), and the OpenCable™ Application Platform Implementer Agreement. The tru2way License Agreement is available to any consumer electronics manufacturer on a nondiscriminatory basis.

“We are firmly committed to becoming a vendor of choice in the cable industry, leveraging decades of systems and manufacturing excellence and today’s announcement asserts our commitment,” said EchoStar President, Mark Jackson.

The new tru2way Host Device License Agreement provides manufacturers of retail consumer electronics devices streamlined access to technology required to interface with two-way interactive cable networks, and aligns with the “openness” focus announced at the Consumer Electronics Show in January. Among other terms, the license provides for self-certification and paper certification of retail devices, formal rights of participation by consumer electronics manufacturers in CableLabs processes, approval of new digital outputs via a four-studio approach, and a tru2way trademark license.

EchoStar enters the cable industry with a strong consumer electronics background in innovative and intuitive products, including state-of-the-art, award-winning set-top boxes and value-added features such as Sling Media’s innovative and award-winning placeshifting technology.

EchoStar’s set-top box veterans have over 35 years experience in engineering, manufacturing, product development, and end-to-end systems.

EchoStar’s introduction to the cable industry began at The Cable Show, May 18-20, 2008, where the company displayed the SlingModem™ — a CableLabs Certified® DOCSIS 2.0 cable modem combined with the placeshifting technology of a Slingbox™.

About EchoStar Technologies L.L.C.

As an operating entity of the publicly traded EchoStar Corporation (NASDAQ: SATS), EchoStar Technologies L.L.C. spans 25 years of delivering innovations in TV entertainment, products, and end-to-end systems. EchoStar services satellite, IPTV, cable, terrestrial, and consumer electronics markets worldwide by combining engineering, supply chain, manufacturing, and service into one company. With over 1,600 professional employees worldwide, EchoStar is focused, dedicated, and ready to service our customers in creative and cooperative development efforts. Through extensive experience with set-top boxes and end-to-end systems, EchoStar is able to provide more competitive business strategies, practices, and reduced product and operational costs.

EchoStar is headquartered in Englewood, Colorado, with operations in Foster City, California; Denver, Colorado; Atlanta, Georgia; Steeton, UK; Almelo, Holland; and Kharkov, Ukraine. Visit www.echostar.com for additional information.

CableLabs, OpenCable, OCAP and tru2way are trademarks of Cable Television Laboratories, Inc.

Press Contact
For inquiries and additional information, please contact Brian Jaquet, at Office: (650) 293-8022, Mobile: (415) 235-4844, or jaquet@slingmedia.com.

Disclaimer: For the record I’m employed by Sling Media, which is owned by EchoStar.

Disclaimer: I’m employed by Sling Media, which is owned by EchoStar.

On on-going litigation between DISH and TiVo which might impact 4 to 6 million DISH subscribers if the satellite company loses:

What we did was we designed around the TiVo patent and patent law encourages people to be innovative and our guys were very innovative and used some very sophisticated algorithms and so fourth to design around the TiVo patent. I believe we’ll prevail but TiVo, we’re going to have conversations with TiVo one way or the other about how we work together, and again, I’m just stubborn. I know this case inside and out. I’ve sat through trials. I’ve sat through the engineering models. I’ve sat and had the best and the brightest explain this to us, and I’m just stubborn. We don’t violate their intellectual property today, and I want to prove that. And so we’re going to go to the September 4th hearing and see who is right and so far, TiVo has been right.

We’re a month away from the September 4th hearing, when we’ll see the next chapter in this ongoing saga play out.

Disclaimer: I’m employed by Sling Media, which is owned by EchoStar, which also has Charlie Ergen as CEO.

Disclaimer: I work for Sling Media. Sling Media is owned by EchoStar. EchoStar produces the DTVPal for Dish Network. Sling Media has nothing to do with the DTVPal. So, while you’re free to comment, this isn’t any kind of official feedback channel. Don’t expect comments here to get to EchoStar or Dish Network.

And, seemingly in response to the court not considering their workaround, Dish Network & EchoStar filed suit against TiVo in a Delaware court, asking them to find that their new software does not infringe on TiVo’s ‘389 patent. A victory would allow them to continue selling DVRs with the new software without threat of further litigation. However, it seems highly unlikely that the case will reach the court in Delaware before the Texas court meets again in September. So it isn’t clear what, if any, impact this will have on the existing case.

Multichannel News has some good coverage of the situation.

According to the website the DTVPal will be available for order in ‘late June’, though prices are not yet listed. It is a very simple device. It has one input – antenna coax, two sets out outputs – one RF coax modulated for channel 3 or 4 and one composite video with stereo audio, and one power connector. For such a simple device the remote has a number of buttons, but the image is too small to make out what they’re all labeled. Though they have loaded the box with a number of extra features, which probably explains the buttons. Among the features are an EPG, closed-caption decoding, parental controls, an event timer to auto-tune scheduled programs, and a program search function.

No word yet on the DTVPal DVR, which seems to be the new name for the TR50 OTA DVR shown at CES. It is looking like ‘DVTPal’ will be the new branding for OTA ATSC devices from EchoStar.

Disclaimer: I’m currently employed by Sling Media, which is owned by EchoStar, who produces the DTVPal for DISH Network. Convoluted enough? It’s like Dark Helmut and Lone Starr.

Dear Judge Folsom:

Pursuant to the Court’s April 23, 2008 Order (Docket No. 822), plaintiff TiVo submits two topics of discussion for the status conference on May 30, 2008: (1) Enforcement of the Court’s Permanent Injunction, and (2) Determination of the damages TiVo sustained during the stay of the injunction. The issues relating to each topic are set forth in Section B of this letter.

To provide prompt resolution of these issues, TiVo requests:

• A hearing at the earliest possible date to determine whether EchoStar should be held in contempt for its failure to disable the DVR functionality in the Infringing Products and for its placement of new infringing DVRs (and new EchoStar products that are only colorably different); and

• Permission to serve limited discovery to obtain additional information before determining the damages TiVo sustained during the stay of the injunction, and, if necessary, bringing a motion for an order to show cause why EchoStar is not in contempt for the continuing use of the Infringing Products, changed only by downloading modified, but still infringing, software (and new EchoStar products that are only colorably different).

TiVo is also prepared to address any questions that the Court may have about the pending Bill of Costs that TiVo submitted on September 22, 2006, which is awaiting resolution. TiVo’s requested costs total $333,600.03.

The Honorable David Folsom

There is a lot more in the complete filing, so check it out if you’re interested. TiVo does not agree with EchoStar that the latter’s software update has eliminated the infringement:

On May 12, 2008, EchoStar made its modified source code available for review by TiVo. EchoStar also waived privilege and produced to TiVo three opinions of counsel relating to EchoStar’s modified software. After review of the software that EchoStar provided and the opinion letters, TiVo does not believe that the modifications avoid infringement.

So the saga continues, despite recent analyst speculation that Dish Network is close to settling with TiVo.

Thanks to reader Jack for the heads up on the post.

EDIT: Here’s a link to the full filing with exhibits, as a PDF. Created and posted by ‘Mainer’ from the InvestorVillage boards.

Disclaimer: I’m currently employed by Sling Media, which is owned by EchoStar.

Picked up from The Gagdetress.

Then Mark and Leslie introduce something that blows me away… The 722s. Its a 722 with Sling technology built in. Besides having Slingbox technology built in it also has Clip and sling which will let you send clips to friends. The 722s has a totally new interface, it has a guide with channel logos plus a totally new UHF remote, which features a touchpad and a trigger below it. This s a amazing unit. The front of the 722s also features al touch technology with no buttons and is backlit instead of using LCD’s. They are looking at having 1TB drive at launch, however 500 GB will be used by Dish and the DVR will come loaded with name HD movies preloaded on the drive. The 722s also has a built in browser (although Jackson said it will only go to certain sites and will be tightly integrated with Yahoo.)

But it is more than just a Slingbox with Clip+Sling – it is a SlingCatcher too!

Out comes Sling CEO Blake Kerkorian and he talks about the Slingbox and talks a little more about the 722s. The 722 will be able to do Clip & Sling and Slingcatcher, plus it will be able to run more applications as well.

So it is a Dish PVR, Slingbox, and SlingCatcher all in one. And from a follow-up post in that thread, it will be an HD Slingbox, like the upcoming Slingbox PRO-HD.

This isn’t really surprising in general, since EchoStar purchased Sling Media last year, but I think this is the first time we’ve heard of this as a real product and not just speculation. And being a SlingCatcher too wasn’t something I’d seen discussed before. The built in web browser is interesting, though it is a shame they have it restricted. (And I’d presume that only works for boxes connected to broadband, same with the Slingbox capability.)

That’s not all they talked about at the summit. The 700MHz spectrum Dish picked up at auction recently was mentioned, unsurprisingly, as a carrier for Dish Mobile. So you’ll be able to access Dish Network content in your car, on your boat, etc.

There are other new Dish STBs as well, the 222k and 722k lack OTA tuners, but a tuner module can be added. And apparently the module provides dual OTA tuners, instead of the single OTA tuner in today’s ViP722. And the tuner module also adds an RF modulator so you can distribute the output through the home over existing coaxial cable on channel 2 or 3. As well as some new two-way remotes, which apparently can store all of your DVR settings and resend them to a new box if you have to have your STB replaced.

Check out the thread at SatelliteGuys.us for all the details.

Disclaimer: I’m currently employed by Sling Media, which is owned by EchoStar.

TiVo Inc. (Nasdaq: TIVO), the creator of and a leader in television products and services for digital video recorders (DVR), offered the following statement today on the ruling by the U.S. Court of Appeals for the Federal Circuit in Washington, D.C. to deny EchoStar of its request for a rehearing en banc:

“We are extremely pleased that the United States Court of Appeals for the Federal Circuit today denied EchoStar’s petition for a rehearing en banc, upholding the Court’s unanimous ruling in our favor on January 31, 2008, in EchoStar’s appeal of the district court judgment of patent infringement, full award of damages and an order for the injunction to be reinstated.

Today’s ruling brings us closer to resolution of EchoStar’s infringement and reconfirms the strength of TiVo’s Time Warp patent, which is in addition to the other benefits TiVo has to offer. We look forward to full enforcement of our rights in the near term.”

EDIT: And DISH Network has also released a statement:

DISH Network Corporation (Nasdaq:DISH) issued the following statement regarding recent developments in the Tivo Inc. v. EchoStar Communications Corp. lawsuit:

“We are disappointed that the Federal Circuit did not grant our petition for rehearing. The decision, however, will have no effect on our current or future customers because EchoStar’s engineers have developed and deployed ‘next-generation’ DVR software to our customers’ DVRs. This improved software is fully operational, has been automatically downloaded to current customers, and does not infringe the Tivo patent at issue in the Federal Circuit’s ruling.

“All DISH Network customers can continue to use their DVRs without any interruption or changes to the award-winning DVR features and services provided by DISH Network.

“We intend to appeal the Federal Circuit’s ruling to the United States Supreme Court.”

So now it goes to the Supreme Court, who can decline to hear the case – thus ending the appeal options, or they can accept the case which would extend it until they have the time for the hearing.

Disclaimer: I’m currently employed by Sling Media, which is owned by EchoStar.