Light Reading
TiVo suit claims AT&T and Verizon are infringing on three DVR-related patents, seeks financial damages and injunctions

TiVo: AT&T and Verizon Won't Strike a Deal

Jeff Baumgartner
LR Cable News Analysis
Jeff Baumgartner
8/27/2009
50%
50%

TiVo Inc. (Nasdaq: TIVO)'s litigation strategy involving its patent portfolio is pretty simple: If you're a major multichannel service provider and refuse to do a deal with the DVR specialist, you risk getting your pants sued off.

In the wake of its protracted legal skirmish with Dish Network LLC (Nasdaq: DISH) and EchoStar Corp. LLC (Nasdaq: SATS), TiVo is now taking aim at Verizon Communications Inc. (NYSE: VZ) and AT&T Inc. (NYSE: T), suing those telcos over claims they're infringing on three TiVo patents: 6,233,389 B1 ("Multimedia Time Warping System"), 7,529,465 B2 ("System for Time Shifting Multimedia Content Streams"), and 7,493,015 B1 ("Automatic Playback Overshoot Correction System").

TiVo filed the complaints in the U.S. District Court, Eastern District of Texas, which is the same court that hammered Dish and EchoStar. (See TiVo Suit Targets AT&T & Verizon.)

While TiVo's battle with Dish centers primarily on software and the Time Warping patent, these new allegations against Verizon and AT&T also address some hardware-related claims.

During Wednesday's second-quarter earnings call, TiVo CEO Tom Rogers said litigation was the only option at his company's disposal after it became clear Verizon and AT&T had no intention to strike deals that would give them access to TiVo's intellectual property. (See TiVo Posts Q2.)

He claimed TiVo made multiple attempts to come to a commercial arrangement with AT&T and Verizon, but "they were not reached."

"Unfortunately there are multichannel operators that compete with us through the unauthorized use of our intellectual property," Rogers said, noting that TiVo is seeking undisclosed financial damages for alleged infringement and a permanent injunction -- a similar situation to that sought in the ongoing TiVo-Dish DVR patent battle. (See TiVo-Dish DVR Slugfest Rages On , Another Round to Charlie Ergen & Co?, and TiVo Wants Ergen to Dish Out $1B .)

By comparison, DirecTV Group Inc. (NYSE: DTV), Comcast Corp. (Nasdaq: CMCSA, CMCSK), Cox Communications Inc. , and RCN Corp. , which are all playing ball with TiVo through licenses and distribution deals, have managed to avoid TiVo's litigious fury. (See RCN Makes TiVo Its Dominant DVR and Cox Tees Up TiVo Test Bed .)

On Wednesday's call, several analysts quizzed Rogers on why TiVo proceeded with a suit against AT&T and Verizon before its case with Dish and EchoStar is finally resolved. Dish and EchoStar are appealing the case, and a court hearing on that matter isn't expected to take place until this November. Rogers said only that "we believe that this action at this time makes sense."

He was also asked why Time Warner Cable Inc. (NYSE: TWC), which still has no deals with TiVo yet, and set-top makers such as Motorola Inc. (NYSE: MOT) and Cisco Systems Inc. (Nasdaq: CSCO), have not been targeted by TiVo's legal team.

Rogers said TiVo "has had ongoing conversations with Time Warner… There are many ways to craft an arrangement that is beneficial to us and the cable operator." But he declined to comment further on TiVo's possible litigation strategies involving set-top makers, other than to stress that TiVo's strategic "focus" has been to pursue relationships with multichannel distributors.

Both AT&T and Verizon declined to comment on the TiVo lawsuits.

Verizon has about 2.5 million FiOS TV subs, while AT&T has about 1.6 million U-verse video customers.

— Jeff Baumgartner, Site Editor, Cable Digital News




Interested in learning more on this topic? Then come to TelcoTV 2009, the telecom industry’s premier event for the exploration of a comprehensive entertainment convergence strategy, to be staged in Orlando, Fla., November 10-12. For more information, or to register, click here.


(5)  | 
Comment  | 
Print  | 
Newest First  |  Oldest First  |  Threaded View
DCITDave
50%
50%
DCITDave,
User Rank: Light Beer
12/5/2012 | 3:57:50 PM
re: TiVo: AT&T and Verizon Won't Strike a Deal
Why isn't anyone suing Moto? They make the boxes.
Jeff Baumgartner
50%
50%
Jeff Baumgartner,
User Rank: Light Beer
12/5/2012 | 3:57:49 PM
re: TiVo: AT&T and Verizon Won't Strike a Deal


Or Cisco, or Pace, or Thomson, or Digeo, or Microsoft, or ADB, or NDS, or OpenTV...anyone else that makes DVRs or dvr software...


As the story points out toward the bottom, Rogers was asked about that yesterday, and he didn't give a satisfactory answer...just that he and TiVo aren't commenting "on litigation strategy as it related to specific parties."  Beyond that he said, TiVo's "focus" is to pursue relationships (and lawsuits, evidently) with multichannel distributors.


But that tells me that TiVo's at least leaving that door open. Jeff

Duh!
50%
50%
Duh!,
User Rank: Light Sabre
12/5/2012 | 3:57:48 PM
re: TiVo: AT&T and Verizon Won't Strike a Deal


Does MOT have any patents that they might claim against TiVo?

Jeff Baumgartner
50%
50%
Jeff Baumgartner,
User Rank: Light Beer
12/5/2012 | 3:57:45 PM
re: TiVo: AT&T and Verizon Won't Strike a Deal


That's a good question. Will have dig around on that..and see if AT&T and VZ have any patents that might shield them from  TiVo's suits.

Jeff Baumgartner
50%
50%
Jeff Baumgartner,
User Rank: Light Beer
12/5/2012 | 3:57:44 PM
re: TiVo: AT&T and Verizon Won't Strike a Deal


Although TiVo isn't specifically revealing why it's not throwing the book at Motorola and/or Cisco and instead focusing on service providers, I wonder if TiVo is taking that approach to help protect Comcast, one of its coveted customers. And that could also apply to Time Warner Cable, a big Cisco shop, that TiVo wants to score some biz with...


If TiVo were to go after Motorola, wouldn't that then put all of Moto's cable MSO customers, including Comcast, also at risk..unless they (the set-top vendors) specifically indemnified the MSOs against that?


Then again, TiVo may just be saving that Ace for later, giving it a few years of lawsuit-driven revenues to pursue...


 

Educational Resources
sponsor supplied content
Educational Resources Archive
Flash Poll
From The Founder
It's clear to me that the communications industry is divided into two types of people, and only one is living in the real world.
LRTV Documentaries
The Rise of Virtual CPE

1|27|15   |   01:38   |   (1) comment


As NFV strategies evolve from tests and trials to production telco networks, expect to hear a lot about virtual CPE (customer premises equipment) rollouts during 2015.
LRTV Documentaries
Optical Is Hot in 2015

1|23|15   |   01:56   |   (2) comments


Optical comms technology underpins the whole communications sector and there are some really hot trends set for 2015.
LRTV Custom TV
Policy Control in the Fast Lane

1|22|15   |   2:57   |   (0) comments


What's making policy control strategic in 2015 and beyond? Amdocs talks with Heavy Reading's Graham Finnie about the key factors driving change in the data services landscape. Find out what his policy management research reveals about the road ahead for policy control – and sign up for
LRTV Documentaries
Highlights From the 2020 Vision Executive Summit

1|21|15   |   4:33   |   (2) comments


In December 2014, Light Reading brought together telecom executives in Reykjavik, Iceland to discuss their vision for high-capacity networks through the end of the decade. The intimate, interactive meeting was set against the backdrop of Iceland's spectacular natural beauty. As one of the event's founding sponsors, Cisco's Doug Webster shared his company's ...
LRTV Huawei Video Resource Center
Huawei Pay-TV Partner Harmonic, Helping Carriers Accelerate 4K Video Deployment with Huawei

1|20|15   |   5:42   |   (1) comment


At IBC, Peter Alexander, Senior Vice President & CMO at Harmonic, speaks about the growing interest in pay-TV service and its branching into multiple devices.
LRTV Huawei Video Resource Center
Sony Marketing Director Olivier Bovis Discusses the Outlook for 4K and Cooperation With Huawei at IBC 2014

1|20|15   |   6:50   |   (0) comments


At IBC, Olivier Bovis, Marketing Director of Sony, speaks about the coming of the 4K era.
LRTV Huawei Video Resource Center
Huawei Pay-TV Partner Envivio, Helping Carriers Accelerate 4K Video Deployment

1|20|15   |   2:57   |   (0) comments


At IBC, Olivier Bovis, Marketing Director of Sony, speaks about the coming of the 4K era.
LRTV Huawei Video Resource Center
Pay-TV's Networked Future

1|20|15   |   6:29   |   (0) comments


At IBC, Jeff Heynen, Principal Analyst at Infonetics, speaks about the future of the pay-TV industry and its transition.
LRTV Huawei Video Resource Center
Jeff Heynen: Distributed Access Will Help MSOs Compete in the Future

1|20|15   |   2:26   |   (0) comments


At IBC, Jeff Heynen, Principal Analyst at Infonetics, speaks about moving to distributed access and the future trend of cable business.
LRTV Interviews
Cisco Talks Transformation

1|20|15   |   13:02   |   (0) comments


In December 2014, Steve Saunders sat down with Cisco VP of Products & Solutions Marketing Doug Webster at Light Reading's 2020 Vision executive summit in Reykjavik, Iceland. They spoke about Cisco's approach to network virtualization as well as how service providers can begin to monetize high-capacity networks through the end of the decade.
LRTV Interviews
Bob Wilson, Arsenal Legend: The Light Reading Interview

1|16|15   |   35:36   |   (3) comments


Arsenal goalkeeping legend Bob Wilson was Light Reading's guest interviewee at the 2020 Vision Executive Summit in December. See what the former soccer star and sports broadcaster had to say when he took to the stage in Iceland.
LRTV Custom TV
What MEF Third Network Initiative Means for SDN & NFV

1|14|15   |   6:13   |   (0) comments


Vitesse Semiconductor CTO Martin Nuss discusses the importance of the MEF Third Network initiative and why it's good news for SDN/NFV industry initiatives.
Upcoming Live Events
February 5, 2015, Washington, DC
February 19, 2015, The Fairmont San Jose, San Jose, CA
March 17, 2015, The Cable Center, Denver, CO
April 14, 2015, The Westin Times Square, New York City, NY
May 12, 2015, Grand Hyatt, Denver, CO
May 13-14, 2015, The Westin Peachtree, Atlanta, GA
June 8, 2015, Chicago, IL
June 9-10, 2015, Chicago, IL
June 9, 2015, Chicago, IL
September 9-10, 2015, The Westin Galleria Dallas, Dallas, TX
September 29-30, 2015, The Westin Grand Müchen, Munich, Germany
November 11-12, 2015, The Westin Peachtree Plaza, Atlanta, GA
December 1, 2015, The Westin Times Square, New York City
December 2-3, 2015, The Westin Times Square, New York City
Infographics
Hot Topics
BlackBerry Wants Net Neutrality Protection – That's Just Sad
Mitch Wagner, West Coast Bureau Chief, Light Reading, 1/22/2015
Verizon Ready for Google MVNO Challenge
Dan Jones, Mobile Editor, 1/22/2015
FiOS Picks Up Pace Again
Alan Breznick, Cable/Video Practice Leader, 1/22/2015
Google Continues Gigabit Expansion
Jason Meyers, Senior Editor, Gigabit Cities/IoT, 1/27/2015
Indiana Carrier Takes Fiber to the Farm
Jason Meyers, Senior Editor, Gigabit Cities/IoT, 1/22/2015
Like Us on Facebook
Twitter Feed
Webinar Archive