TIVO stocks slump on Echostar Ruling

Tom Bombadil

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TiVo Slumps on EchoStar Ruling
© 2006 The Associated Press

NEW YORK — Shares in TiVo Inc. continued their decline Wednesday after an appellate court granted a stay on an injunction that would have banned EchoStar Communications Corp. from making or selling DVR products in the U.S.

Bear Stearns analyst Kunal Madhukar said uncertainty related to the litigation process is likely to continue for one to two years. He downgraded the stock to "Underperform."

Tuesday's ruling _ the latest in a two-year-old patent dispute between the maker of digital video recorders and the operator of the Dish satellite television network _ postpones a ban issued in September pending an appeal of another court's ruling. That decision found that EchoStar DVRs violate TiVo's patent on its "time warp" software, which controls how viewers can pause and rewind live television shows.

As part of the initial ruling, the court ordered EchoStar to stop making and selling the DVRs and to take back existing models from subscribers, sending TiVo shares surging.

Tivo shares lost nearly 7 percent after the market closed Tuesday. In recent trading on the Nasdaq, TiVo fell 76 cents, or 10 percent, to $6.77. Madhukar said the decline resulted in the stock's giving back gains from when the original ruling was issued.

If TiVo ultimately prevails, EchoStar will likely be forced to license the TiVo software _ otherwise it will have to stop offering DVRs. TiVo already has such a deal with EchoStar competitor DirecTV Group Inc., and similar deals with cable companies such as Cox Communications and Comcast Corp.

But Madhukar thinks the introduction of high definition recorders could hurt TiVo in the short term, particularly as cable companies offer their own versions of standard definition DVRs.

EchoStar shares added 12 cents to $32.19 in recent trading on the Nasdaq.
 
I think Tivo needs to drop the suit and dish needs to allow tivo to create boxes that would work with dish. It would be a win-win all around. We would get choices, dish & tivo would get more subscriptions, etc
 
hardly.. depends on why theya re paying the fee.. I still think tivo is in the wrong here.. they are trying to stiffle inovation so they can survive..
 
"...If D*, Cox and Comcast have to pay license fees to TiVo..."

D*, Cox and Comcast DON'T have to pay license fees to TiVo. They just made a business decision to do so. Cheaper and less risky than being sued with all its uncertainty, or as a weapon against one or more competitors- fund TiVo to sue them.

It is by no means established that TiVo invented anything, that there was no prior art, or even that there is even a patentable concept here. Last I heard, the PTO was reviewing the patents for validity. Patents are issued far too easily, IMHO.

And I would hate to have a TiVo. Too slow, too many fees, downloads stuff like ads, etc that I don't want, reports viewing habits, etc.
 
My understand is that this ruling is not a surprise (the stay is generally granted during the appeal).

It seems like it's the investors are reacting to non-news.
 
navychop said:
D*, Cox and Comcast DON'T have to pay license fees to TiVo. They just made a business decision to do so. Cheaper and less risky than being sued with all its uncertainty, or as a weapon against one or more competitors- fund TiVo to sue them.


It is either they pay or get sued, sounds like a 'have to' to me. Kind of like, one does not have to move out of the way of a oncoming car, but if you want to live, you have to, I think as a business, Dish would want to stay alive, no?

I think the new patent laws are stupid, now, you and I and others do not have to agree with it, but it is what it is.

:)
 
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At some point it makes for a better business decision to stand and fight than to pay off.
 

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