Back in October, 2006 Apple filed a patent application for a ‘Search user interface for media device’ which describes a search interface on a media device, which sure sounds like an Apple TV variant, with a remote control which resembles an iPod Nano with the click-wheel interface. Here’s the abstract:

A search menu includes a search input field and input characters rendered on a multi-dimensional displacement surface that rotates in response to a user input. A highlight region intersects the multi-dimensional displacement surface and highlights input characters while the input characters intersect the highlight region according to the rotation of the multi-dimensional displacement surface.

Don’t you love patent-ese? But perhaps the most interesting aspect are the images included with the patent. They show what looks very much like a TV Guide-style EPG for live TV.

AppleInsider uncovered the patent application, and they have some of the images posted in their write-up. It is easier to see them there than in the US Patent Office interface. Interestingly, the remote is meant to be a fairly intelligent device, with a display and local storage. It would download the EPG data so that you could take the remote with you and decide what to record, and then when you returned it to the device it would sync and setup the recordings. That seems pretty complex, and frankly of questionable utility, for a remote - but it does make more sense if the ‘remote’ could be a real iPod, doesn’t it?

The filing also includes a hybrid search which would search both the EPG data and the iTunes store for content - which sounds just like TiVo’s Universal Swivel Search, which searches the local EPG, as well as broadband content from TiVoCast and Amazon Unbox.

As with all patent applications, this doesn’t mean Apple is actually working on a product that does this, just that they had the idea and felt it was worth patenting - just in case they decide to do it, or someone else does and they want to collect licensing. But the lack of DVR functionality is the glaring omission from Apple TV, so many people expect that Apple will address that at some point.

Picked up from CNET News.com.

Following yesterday’s ruling in favor of TiVo regarding EchoStar’s violation of their patents, DISH Network Corporation issued the following statement:

We are pleased the Federal Circuit found for us on Tivo’s hardware claims, but are disappointed in the Federal Circuit’s decision on the software claims. 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 affirming the $94 million jury verdict.

Though it seems that TiVo doesn’t agree with DISH’s assessment regarding the injunction, based on a comment quoted by CNNMoney.com:

“EchoStar has made a series of statements over the years related to the infringement of the TiVo patents that turned out to be both false and misleading,” the company said in a statement. “At this point it doesn’t really matter what EchoStar says by way of further self-serving statements. It matters what the courts say - and the courts have spoken.”

TiVo’s law firm Irell & Manella LLP also took the opportunity to tout their roll in the ruling in a press release:
Read the rest of this entry »

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.

The United States Patent and Trademark Office (USPTO) yesterday terminated the reexamination of TiVo’s Multimedia Timewarping System patent, U.S. patent number 6,233,389 (the “Time Warp Patent”), with the decision to uphold the patent. TiVo issued this statement on the decision:

We are extremely pleased that the PTO has now found all claims of the Time Warp Patent to be valid after conducting a reexamination of the patent requested by EchoStar. This decision by the PTO is final and not appealable by EchoStar. Today’s decision by the PTO brings us another step closer to ending EchoStar’s continued infringement and we are hopeful that the United States Court of Appeals for the Federal Circuit will uphold the district court judgment of patent infringement and reinstate the injunction.

The affirmation of the patent is great news for TiVo. Not only does it settle any current uncertainty over the patent, but it makes it stronger going forward as it will be harder for any other party to have the patent re-examined in the future. This is likely to put more pressure on EchoStar to come to a settlement before the ruling on their appeal comes down. And it will also strengthen TiVo’s position should they pursue any other vendors for patent infringement.