UPDATE: Dish, EchoStar To Pay $500 Million In TiVo Settlement
May 02 2011 - 9:19AM
Dow Jones News
Dish Network Corp. (DISH) and its former unit EchoStar Corp.
(STATS) agreed to pay TiVo Inc. (TIVO) $500 million to settle all
the ongoing patent litigation over digital video recorder
technology.
The settlement was announced Monday along with Dish's
first-quarter results, in which the second-largest U.S.
satellite-television provider said its first-quarter profit more
than doubled from a year earlier as prior-year litigation expenses
were supplanted by a $340.7 million credit.
News of the settlement sent TiVo shares soaring 22% to $11.65 in
premarket trading. Dish's class A shares rose 9% to $27.28.
"We are pleased to put this litigation behind us and move
forward," Dish Chairman and Chief Executive Charlie Ergen said in a
press release.
Under the terms of the settlement, DISH and EchoStar will
provide an initial payment of $300 million with the remaining $200
million distributed in six annual installments between 2012 and
2017. All companies agreed to dismiss pending litigation and
dissolve injunctions.
TiVo has been embroiled in patent litigation for years regarding
its DVR technology. TiVo initially sued Dish and EchoStar in 2004
for infringing on patents pertaining to its "Time Warp" DVR
technology. Tivo also has filed patent lawsuits against AT&T
Inc. (T) and Verizon Communications Inc. (VZ) in recent years and
in February was sued by Motorola Mobility Holdings Inc. (MMI) in a
matter involving DVRs.
TiVo said Monday that it granted Dish a license under its Time
Warp patent and other related patents until they conclude. TiVo
also is granting EchoStar a license to design and make some
DVR-enabled products solely for Dish and two international
customers. Meanwhile, EchoStar granted TiVo a license under certain
DVR-related patents, the companies said.
For Dish, the suit ends years of litigation and should enable
the company to narrow its focus on adding subscribers. Dish
recently shifted its strategy, attempting to attract more affluent
customers who are willing to spend more each month on video and
less likely to cancel their service, emulating rival DirecTV Group
Inc. (DTV). Earlier, Dish targeted lower-end customers, many of
whom were hit hard by the economic downturn.
The strategy is yielding early benefits. The company gained a
net 58,000 subscribers during the first quarter, snapping a streak
of quarterly subscriber losses that had started in 2010's second
quarter. It ended the latest period with 14.2 million
customers.
Dish also said Michael Kelly, executive vice president for
commercial and business services, was named president of
Blockbuster. Dish won last month's bankruptcy court auction for the
video rental business' assets with a bid it said was valued at
about $320 million. Earlier, it agreed to buy DBSD North America
Inc. out of bankruptcy for about $1 billion.
Dish reported a first-quarter profit of $549 million, or $1.22 a
share, up from $231 million, or 52 cents a share, a year earlier.
Revenue rose 5.5% to $3.22 billion.
Costs plunged 14% amid the litigation impacts.
Analysts polled by Thomson Reuters had forecast a profit of 68
cents a share on $3.23 billion in revenue.
Meanwhile, EchoStar--the maker of set-top boxes that was spun
off from Dish at the beginning of 2008--posted a profit of $17
million, or 19 cents a share, down from $72 million, or 84 cents a
share, a year earlier. Revenue fell 23% to $480 million.
EchoStar shares closed Friday at $37.08 and was inactive in
recent premarket trading.
-By Steven Russolillo, Dow Jones Newswires; 212-416-2180;
steven.russolillo@dowjones.com
--Matt Jarzemsky contributed to this report.
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