A couple of weeks ago, just before his discussion at the All Things Digital Conference, Tom Rogers was interviewed on Fox Business, and the video is available online. (Sorry, no embedding.) Nothing really new, he reiterates TiVo’s product and marketing plans and has a few comments on licensing and the EchoStar lawsuit.

Picked up via InvestorVillage.

Friday marked a status conference between TiVo and Dish Network/EchoStar before the trial judge (transcript is here, thanks to Mainer_Ayah at InvestorVillage). Nothing was really accomplished, they’ll meet again on September 4th for a contempt hearing on the injunction against Dish Network. And it looks like the court will not be considering Dish Network’s claim of a workaround with their new software. The court will also consider enhancing the damages awarded to TiVo.

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.

What’s an HDTV without an HD DVR to go with it? Who wants to be a slave to TV schedules just to catch HD content? Well, Amazon has a solution to that problem, they’re offering what I consider the best HD DVR on the market, the TiVo HD, free with the purchase of a Samsung HDTV. There are five LCD models to choose from, with prices from $945.72 for a 37″ 720p up to $1,849.98 for a 46″ 1080p, and six plasma models with prices from $979.99 for a 42″ 720p up to $2,999.99 for a 58″ 1080p. If you’re in the market for an HDTV, it is a pretty good deal.

And, if you’re not in the market for an HDTV, you can get the TiVo HD for $230.13.

Thanks to reader Kevin for the tip. He got it from WatchingTiVo at InvestorVillage, who spotted it at Gizmodo.

Responding to TiVo’s recent filing, Dish Network has made their own filing. As expected, they maintain that they are in compliance with the injunction due to their software update. Links to all of the sections of the document can be found at InvestorVillage. They can also be downloaded as a single 10MB zipfile. A collection of all the documents from the case can be found here, via InvestorVillage.

TiVo made a filing with the court yesterday in their case with EchoStar, and it has been posted over at InvestorVillage. Here’s the first part of their filing:

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.