Okay, so it's not the cool billion dollars in damages we'd heard TiVo was asking for, but $200 million ain't chump change if you're broke, you know? That's the amount in contempt damages TiVo will get if EchoStar loses its upcoming appeal in the endless time warp patent case, bringing the total amount of money on the table to nearly $400 million. As usual, that means virtually nothing for the average Dish or TiVo customer, but at least the lawyers involved can all buy new Audis for the winter now.

We'll let the analysts make sense of TiVo's new projection that it will lose $8 to $10 million in the third quarter, larger than Wall Street expectations while projected revenues are lower -- we're too busy adding Verizon and AT&T to the patent battlemap. Today it filed complaints against both for violating three of its DVR-related patents -- Nos. 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") if you must know -- seeking damages for past infringement and a permanent injunction. We'd assumed it would wait until settling things with DISH to push forward against other companies, but it looks like we're not the only ones getting impatient. Beyond the legal slapfight there's a few nuggets for the bleep bloop faithful, with the Comcast TiVo on-line scheduler beginning to roll out in Boston plus further expansions on the way and the due-in-2010 DirecTV HD TiVo still on track -- we'll need a few seasons of Law & Order queued up before this mess ever gets resolved.

Read - TiVo Swings to Loss, Files Infringement Suits
Read - TiVo Reports Results for the Second Quarter Fiscal Year 2010 Ended July 31, 2009
Read - TiVo Files Complaints for Patent Infringement Against AT&T and Verizon Communications in United States District Court, Eastern District of Texas; Seeking Damages and Injunction

You knew it couldn't be over, right? The long running TiVo vs. DISH / Echostar patent case took a not-so-new twist yesterday when the Patent and Trademark Office issued a preliminary finding rejecting some of the claims of its Time Warp patent. While DISH was pleased, considering the PTO's conclusions as "highly relevant" to its ongoing appeal, TiVo issued a statement calling this step "not unusual" pointing out that the exact same thing happened when its patent was reexamined in 2005 (and subsequently upheld in 2007,) and that the next step in the process is where it will be able to present its explanation for the first time. All you need to know is that it will still be a while before anyone involved (except the two company's lawyers) are cashing any large checks, or gets their DVR taken away.

[Via Multichannel News]

Read - TiVo Statement on Developments in Lawsuit Against EchoStar
Read - DISH Network and EchoStar Statement Regarding Tivo

News of another delay should be absolutely no surprise to anyone that's followed the details of this case, as DISH was granted a stay by the U.S. Court of Appeals for the Federal Circuit pending its appeal of a $190 million ruling in favor of TiVo which will allow its customers to continue using their DVRs, at least for now. For its part, TiVo repeated its praise of the "thorough and well-reasoned decision finding EchoStar in contempt of court for violating the injunction and awarding further damages" and is confident the ruling will be upheld, again. Did anyone really think this one would just end so easily?

Read - DISH Network and EchoStar Statement Regarding Tivo
Read - TiVo Statement on Decision by U.S. Court of Appeals to Stay Permanent Injunction Issued by District Court in Lawsuit Against EchoStar

It's a longshot, but DISH mentioned in a court filing Monday that it is still looking for a workaround that would keep its DVR from infringing on TiVo patents, but admitting it "does not know whether a further design-around is even possible." Multichannel News pulled out the one sentence filing, although whether DISH seriously believes it can do dual tuner recording without violating the "Time Warp" patent or is just stalling for time while it looks for an antidote is still unclear.

[Picture courtesy one of many GPS accidents]

The TiVo vs. EchoStar case got another little push towards finally ending today, as the Court of Appeals for the Federal Circuit ruled that EchoStar had indeed infringed part of TiVo's "time warp" patent. You might recall that the case had recently been on hold while the USPTO re-affirmed that the patent was valid -- armed with that decision, the appeals court ruled that EchoStar had crossed the line on the software component of the patent, but that more information was needed regarding whether or not EchoStar's hardware also infringed. That means we're in for another round of wrangling down in Marshall -- we'll keep you updated, if we can manage to stay awake.

[Via Zatz Not Funny! Warning: PDF read link]

The long-running dispute between Tivo and EchoStar inched a little closer to resolution today, with the United States Patent Office issuing a non-appealable ruling saying that Tivo's DVR-enabling "time warp" patent is valid. You might remember that Tivo sued EchoStar for violating that patent in Dish Network DVRs at the beginning of 2006, and won a $90M judgment and an injunction requiring EchoStar to turn off existing DVR functionality and stop selling DVRs in the future. That injunction was then stayed pending EchoStar's appeals before the Patent Office and the Federal Court of Appeals, so sadly, this ruling doesn't mean the case is over yet -- now it's the Court of Appeals' turn to try and sort this out.

[Thanks, Dennis]

Disclaimer: Although this post was written by an attorney, it is not to constitute legal advice or analysis and should not be taken as such.