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Old 09-24-2012, 07:28 AM   #1
sbiller
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TiVo Announces Settlement of Patent Litigation With Verizon

http://finance.yahoo.com/news/tivo-a...120000026.html

ALVISO, CA--(Marketwire - Sep 24, 2012) - TiVo Inc. ( NASDAQ : TIVO ) announced today that it has settled its pending patent litigation with Verizon Communications Inc. and that the companies have entered into a mutual patent licensing arrangement. Under the terms of the settlement, Verizon will provide TiVo total compensation worth at least $250.4 million. The payments from Verizon to TiVo shall be comprised of a $100 million initial cash payment followed by recurring quarterly payments totaling an additional $150.4 million through July 2018. If the companies pursue certain commercial initiatives prior to December 21, 2012, up to $29.4 million of the payments made by Verizon would be subject to a credit of an equal amount. In addition to the guaranteed compensation, Verizon will also pay monthly license fees through July 2018 for each Verizon DVR subscriber in excess of certain pre-determined levels.

In addition to the cash payments described above, Verizon and TiVo are exploring, among other things, future distribution of Internet video services developed through Verizon's joint venture with Redbox by making content distributed via that service part of the diverse selection of linear and broadband-delivered content accessible to users of TiVo's retail DVR products.
As part of the settlement, TiVo and Verizon agreed to dismiss all pending litigation between the companies with prejudice. The parties also entered into a cross license of their respective patent portfolios in the advanced television field.

"We are pleased to reach an agreement with Verizon which underscores the significant value our distribution partners derive from TiVo's technological innovations and our shareholders derive from our investments in protecting TiVo's intellectual property," said Tom Rogers, CEO and President of TiVo. "We also look forward to working together on a variety of future opportunities as we continue to expand the content choices available to TiVo subscribers. As with prior settlements, we also benefit by being able to operate our business under license from Verizon and by avoiding future legal expenses that we would have incurred during and after trial. Furthermore, we believe this settlement positions us well with respect to future enforceability of our patents."
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Old 09-24-2012, 07:37 AM   #2
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No mention of VOD which is somewhat disappointing.
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Old 09-24-2012, 07:38 AM   #3
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Well it's good they settled, but I was hoping that Verizon might offer their VOD on the TiVo like Comcast. I can't see their RedBox streaming service reaching the quality and ease of Netflix.
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Old 09-24-2012, 08:47 AM   #4
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will verizon start offering tivo boxes with this settlement?
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Old 09-24-2012, 08:48 AM   #5
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"If the companies pursue certain commercial initiatives prior to December 21, 2012, up to $29.4 million of the payments made by Verizon would be subject to a credit of an equal amount."

Wonder what this could mean? It sounds like Redbox may be coming someday, but I don't know if these two things are one in the same.

Good news to settle I guess. This tightens the grip even more on Moto, Cisco, and TW. But as a customer, I hope this opens the door to VOD access or something else tangible, as it doesn't seem like either sides' customers have been benefiting a whole lot thus far from these settlements. Only the lawyers and Tivo management who get bonuses based on wins/settlements.

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Old 09-24-2012, 10:05 AM   #6
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Originally Posted by aaronwt View Post
Well it's good they settled, but I was hoping that Verizon might offer their VOD on the TiVo like Comcast. I can't see their RedBox streaming service reaching the quality and ease of Netflix.
The RedBox service is a joint venture with Verizon. I'd think the quality would be at least as good as Netflix.
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Old 09-24-2012, 11:56 AM   #7
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Quote:
Originally Posted by BigJimOutlaw View Post
"If the companies pursue certain commercial initiatives prior to December 21, 2012, up to $29.4 million of the payments made by Verizon would be subject to a credit of an equal amount."

Wonder what this could mean? It sounds like Redbox may be coming someday, but I don't know if these two things are one in the same.

Good news to settle I guess. This tightens the grip even more on Moto, Cisco, and TW. But as a customer, I hope this opens the door to VOD access or something else tangible, as it doesn't seem like either sides' customers have been benefiting a whole lot thus far from these settlements. Only the lawyers and Tivo management who get bonuses based on wins/settlements.
Per this Reuter's update, http://in.reuters.com/article/2012/0...8KO67320120924 ,

Quote:
This probably refers to a nonexclusive deal for Verizon to offer TiVo boxes to customers, according to Mitchell, the Brean Murray analyst. Verizon declined comment on the settlement or future agreements, and it referred questions to TiVo.

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Old 09-24-2012, 12:40 PM   #8
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I wonder if this is also possibly related to the VMS, Verizon Media Server, mentioned in the FCC filing you tweeted.

http://apps.fcc.gov/ecfs/document/view?id=7022018913

Quote:
Verizon has been actively engaged in the various standard-setting bodies while also working diligently on a device – the Verizon Media Server (VMS) – that once implemented will fully meet the Commission’s output and home networking requirements and create new choices for consumers in the how and on which devices they access content. In coming months, Verizon will begin the rollout of the VMS, a new, in-home device that ultimately will enable third-party devices to discover, access, and control the suite of FiOS media services. The VMS, when fully implemented to include upcoming industry standards for home networking, will be capable of accepting requests from and simultaneously streaming high-definition (HD) FiOS content to multiple third party-devices over a subscriber’s home network using industry home networking standards, and therefore will fully meet the Commission’s audiovisual output equirements. More broadly, it will achieve the Commission’s goal of facilitating consumer access to content over a wide range of devices.

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Old 09-24-2012, 12:41 PM   #9
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I wonder if this is also possibly related to the VMS, Verizon Media Server, mentioned in the FCC filing you tweeted.

http://apps.fcc.gov/ecfs/document/view?id=7022018913
I was getting ready to post about it. I think its only a matter of time (<18 months) before TiVo users have access to VZ VOD.
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Old 09-24-2012, 01:00 PM   #10
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I certainly hope we can access VZ OnDemand soon! Its the only reason I keep the VZ HD box in the house!
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Old 09-24-2012, 01:03 PM   #11
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My theory is Verizon will support deployment of TiVo Gateway boxes using either a Comcast (Hybrid Retail) model or MSO-provided model. The $29.6 million will pay for the development required to fully support Verizon services like VOD and will be some sort of technology or service licensing credit for TiVo subscribers using the Verizon service.
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Old 09-24-2012, 01:07 PM   #12
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Do you use the term "gateway" as in the eventual "Series 5" or for all existing boxes in general?

If TiVo could access OnDemand content that would take it to a whole new level. Most people I have spoken to, that is the deal breaker. They do it now with Xfinity, hopefully they can make people happy with the 29 mil of development cash.
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Old 09-24-2012, 01:23 PM   #13
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Ah interesting. The VMS is most likely a box rental though, which kinda defeats the purpose of going with Tivo. (The video of the server and satellite devices has been floating around for a while.)

Whatever this ends up being, related or not, I really hope we get VOD. The Mini will help remove Verizon boxes from the home, and VOD access would make it happen sooner.
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Old 09-24-2012, 01:29 PM   #14
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Video of Tom Rogers talking about the Settlement

http://video.cnbc.com/gallery/?video=3000117987&play=1
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Old 09-24-2012, 02:22 PM   #15
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Broader question... What do we think happens next? Do they go after the next largest provider, or do they clear the current dockets first?

I wonder how far a new lawsuit would go because the next one is Moto, and I would think that a settlement with them is going to include a blanket license for all the remaining MSO's they provide boxes to... They could sue another MSO to be aggressive, and try to drag out the Moto/Cisco cases as long as possible, but otherwise any Moto/Cisco settlements would probably settle the MSO cases at the same time, no?

At what point (what MSO size?) does it make sense to settle with Moto and Cisco rather than go after all of the smaller MSO's one by one? Can they gainfully go after the small RCN-sized MSO's? Can they go international?

That's my thought dump for the day.

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Old 09-24-2012, 02:47 PM   #16
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Quote:
Originally Posted by BigJimOutlaw View Post
Broader question... What do we think happens next? Do they go after the next largest provider, or do they clear the current dockets first?

I wonder how far a new lawsuit would go because the next one is Moto, and I would think that a settlement with them is going to include a blanket license for all the remaining MSO's they provide boxes to... They could sue another MSO to be aggressive, and try to drag out the Moto/Cisco cases as long as possible, but otherwise any Moto/Cisco settlements would probably settle the MSO cases at the same time, no?

At what point (what MSO size?) does it make sense to settle with Moto and Cisco rather than go after all of the smaller MSO's one by one? Can they gainfully go after the small RCN-sized MSO's? Can they go international?

That's my thought dump for the day.
Moto is the big question. I think Google would probably like to settle at this point so they can clear the books of the liability prior to sale of Moto's STB business. Its really in TiVo's interest right now to get to TWC which has a likely liability in excess of $500M based on the AT&T and VZ numbers. I think we may see something with Cablevision and Bright House Networks but I don't expect TiVo to go much lower on the MSO scale since the ROI is questionable.
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Old 09-25-2012, 08:44 AM   #17
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If this leads to a TiVo-based UI Fios box, I'd certainly be interested. VOD access would be nice.
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