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TiVo Sues Comcast Again, Alleging Operator's X1 Infringes Eight Patents (variety.com)

TiVo's Rovi subsidiary on Wednesday filed two lawsuits in federal district courts, alleging Comcast's X1 platform infringes eight TiVo-owned patents. "That includes technology covering pausing and resuming shows on different devices; restarting live programming in progress; certain advanced DVR recording features; and advanced search and voice functionality," reports Variety. From the report: A Comcast spokeswoman said the company will "aggressively defend" itself. "Comcast engineers independently created our X1 products and services, and through its litigation campaign against Comcast, Rovi seeks to charge Comcast and its customers for technology Rovi didn't create," the Comcast rep said in a statement. "Rovi's attempt to extract these unfounded payments for its aging and increasingly obsolete patent portfolio has failed to date."

TiVo's legal action comes after entertainment-tech vendor Rovi (which acquired the DVR company in 2016 and adopted the TiVo name) sued Comcast and its set-top suppliers in April 2016, alleging infringement of 14 patents. In November 2017, the U.S. International Trade Commission ruled that Comcast infringed two Rovi patents -- with the cable operator prevailing on most of the patents at issue. However, because one of the TiVo patents Comcast was found to have violated covered cloud-based DVR functions, the cable operator disabled that feature for X1 customers. Comcast is appealing the ITC ruling.

58 comments

  1. TiVo is acting like SCO by Anonymous Coward · · Score: 0

    TiVo is acting like SCO. They're using litigation rather than focusing on better products. I despise Comcast (and Charter), but these concepts shouldn't be patentable. They seem pretty obvious, and should be invalidated on those grounds. Consumers are being harmed by TiVo's aggressive litigation.

    1. Re:TiVo is acting like SCO by Anonymous Coward · · Score: 0

      Consumers are being harmed by TiVo's aggressive litigation.

      Lets not focus on the wrong thing here. It's not TiVo's actions that harm consumers, it's the environment that allows for it in the first place that harms consumers. Fix the patent system, and this becomes a non-issue.

    2. Re:TiVo is acting like SCO by bobbied · · Score: 1

      Not exactly like SCO, they actually DID develop and own the patents they are trying to protect... SCO tried to claim they had acquired the rights to stuff that I don't think they actually had.

      But I do agree, TiVo is pushing the boundaries of the patiently obvious with some of their patents here. I hope Comcast wins, but I also hope that they both spend wads of cash on lawyers and the patents get tossed by the court. TiVo needs to move on and do something actually ground breaking..

      --
      "File to fit, pound to insert, paint to match" - Aircraft Maintenance 101
    3. Re:TiVo is acting like SCO by Anonymous Coward · · Score: 0

      ..I also hope that they both spend wads of cash on lawyers and the patents get tossed by the court. TiVo needs to move on and do something actually ground breaking..

      I'm guessing you don't have Comcast as an ISP....because they're just going to pass that shit down to the consumer

    4. Re:TiVo is acting like SCO by Slashdot+Junky · · Score: 2

      I think it is okay to dock points for those doing shitty things while still playing by the rules. Just because the rules allow one to cut off another person's foot does mean it is okay to do so.

      --
      .
      Landfill Mining Co.
      Managing the (Un)natural Resources of Tomorrow
    5. Re:TiVo is acting like SCO by Slashdot+Junky · · Score: 2, Insightful

      Spending wads of cash on legal action, especially for an eventually lost fight, leads to higher pricing and cost reductions. So, I'd rather they just give up now.

      --
      .
      Landfill Mining Co.
      Managing the (Un)natural Resources of Tomorrow
    6. Re:TiVo is acting like SCO by Darinbob · · Score: 2

      No, it's very different from SCO. TiVo invented their technology, and these were not obvious ideas at the time. Yes, TiVo was acquired so they're on the second owner but still the same company essentially. SCO did not invent their technology that they claimed to own in the lawsuits, they only inherited it through a long sequence of acquisitions and trades and some statements that they interpreted incorrectly. Not the same thing.

      If you had a product that you invented, then comcast copies it and damages your business to the point where the world considers you an also-ran, would you just let it go as "it's just business"? Today's world has mega companies who create patents as ammunition in their fights against other mega companies; or they collaborate with an agreement not to sue each other and instead attack the smaller entities. It's not fair of course. But you shouldn't side with the mega company when the small players decide to fight back using the same ammunition. As a smallish company you have to defend yourself against the giants or you go out of business.

      If you hate patents, then please attack companies like Comcast, Apple, or IBM instead; or attack the patent trolls.

    7. Re:TiVo is acting like SCO by Darinbob · · Score: 1

      I hope Comcast loses. They have thousands of more patents that they abuse every day compared to TiVo. They knew they were violating the patents but they didn't care because they were the 500lb gorilla in the room.

    8. Re: TiVo is acting like SCO by Anonymous Coward · · Score: 1

      That just means you don't understand either case.

      SCO claimed copyright on something they neither created nor owned the rights to. Then they sued people and wouldn't say which code was infringing.

      TiVo is suing over patent infringement for something they did invent and are clearly identifying what is infringing.

    9. Re:TiVo is acting like SCO by Obfuscant · · Score: 1

      I hope Comcast loses. They have thousands of more patents that they abuse every day compared to TiVo.

      Citation required. I did a google search for "comcast sues for patent infringement" and the only results in the first two pages were Comcast BEING sued by TiVo. Does Comcast sue a lot of others for patent infringement? And are the patents they sue over as patently obvious as the ones TiVo is suing for?

      They knew they were violating the patents but they didn't care

      They were doing things that were obvious things to do, that other people have been doing all along. I looked at the patents, and they're hardly innovative, non-obvious things. "Hey, let's allow users to PAUSE a stream..." "Hey, let's allow users to look up content using just a word or two..." "Hey, let's split content into chapters so users can start watching someplace other than the beginning of every program..."

    10. Re:TiVo is acting like SCO by bobbied · · Score: 1

      I hope Comcast loses. They have thousands of more patents that they abuse every day compared to TiVo. They knew they were violating the patents but they didn't care because they were the 500lb gorilla in the room.

      Well, they will both loose in the end is my hope. A pile of legal bills fighting this all the way through court and no settlement either way. A lawyer once told me that in a lawsuit, only the lawyers are guaranteed to win. I hope, in this case, they are the only winners.

      --
      "File to fit, pound to insert, paint to match" - Aircraft Maintenance 101
    11. Re:TiVo is acting like SCO by bobbied · · Score: 1

      There is that.... You are right of course, but both Comcast and TiVo are in a dying market so you got to squabble over the scraps I guess...

      --
      "File to fit, pound to insert, paint to match" - Aircraft Maintenance 101
    12. Re:TiVo is acting like SCO by Anonymous Coward · · Score: 0

      Not only are they obvious, they all have tons of prior art.

      numbnuts

  2. Conflicted by AlanBDee · · Score: 3, Interesting

    I hate software patents, but I hate Comcast even more... I'm so conflicted I don't know what to think.

    1. Re: Conflicted by Anonymous Coward · · Score: 1

      These patents could be enforced against others if Comcast loses. The best outcome would be to invalidate all of these patents. TiVo has experienced declining sales as cable companies have leased DVRs to their customers. Instead of adapting their business model, they're trying to use litigation to offset the loss of revenue. It's a page out of Darl McBride's playbook.

    2. Re:Conflicted by Anonymous Coward · · Score: 0

      There is no conflict - Tivo patents should have expired by now they have had nearly two decades to establish themselves. If they haven't by now they never will and are just becoming a patent troll. DVR functions are widespread and not all were invented by Tivo.

      Anyway it's all cable BS. Dumped television a while back and do not care to be involved with it anymore.

    3. Re:Conflicted by sconeu · · Score: 3, Insightful

      Whoever wins, we lose.

      --
      General Relativity: Space-time tells matter where to go; Matter tells space-time what shape to be.
    4. Re: Conflicted by ArmoredDragon · · Score: 1

      Tivo made a big mistake of marrying themselves to the cable industry to begin with, so it doesn't really matter anyways since cable is dying. That, and they've tried to become more of an IP troll over the last 6 years as their relevance has slid away. I have little sympathy to begin with; they sold boxes with many hardware defects while only offering a 90 day warranty. The most common problem with S1 units was that their modems would easily break, which effectively rendered it useless.

    5. Re: Conflicted by Darinbob · · Score: 1

      The outcome is that other companies will have to legally license the technology that someone else invented instead of just stealing it. This is something TiVo invented, these were indeed novel ideas, and Comcast knew these patents existed. In a relatively short period of time these patents will expire.

      This is exactly what the patent system is supposed to do: provide a temporary exclusive right to the inventor as an incentive to publish and make public the new invention instead of maintaining closely held trade secrets shared only with close trusted partners. If you throw this out, it means that the giant companies like Comcast can steal any idea they like with impunity, which ruins the business opportunities for small or independent inventors.

      This is NOT similar to SCO in any way other than that a patent and a lawsuit is involved.

    6. Re:Conflicted by Darinbob · · Score: 1

      These patents are newer than that so they're not about to expire, and they are patents that TiVo invented themselves so they're not trolls.

    7. Re: Conflicted by Anonymous Coward · · Score: 0

      Not even that. SCO was about copyright, not patents

    8. Re: Conflicted by Obfuscant · · Score: 1

      This is something TiVo invented, these were indeed novel ideas,

      I looked up the patents listed in the Variety article, and not a single one of them were novel, and many of them were prior art and should never have been granted. I mean, one of them is looking up stuff using a limited number of words. One deals with partitioning video or "content" into sections and allowing users to access sections directly without seeking through the whole content. Just like the "chapter" mode on every DVD produced in the last twenty years allows.

      I had, many years ago, an ATI TV tuner that did much of what a couple of these patents claim rights to. They were issued in 2016. Scheduling from a program guide, reminders to watch, etc. Prior art.

      None of it is novel. It is common sense and obvious to practitioners familiar in the subject. Tivo is being a patent troll.

      This is exactly what the patent system is supposed to do

      You better be careful. The next time you play a DVD in a DVD player and it shows you a chapter list, you're violating a TiVo patent. No, this is not what the patent system is supposed to do.

    9. Re: Conflicted by Anonymous Coward · · Score: 0

      You realize that TiVo developed those things in the late 90's, not 2016. So your example of "several years ago" is not prior art.

    10. Re: Conflicted by Anonymous Coward · · Score: 0

      "This is exactly what the patent system is supposed to do: provide a temporary exclusive right to the inventor as an incentive to publish and make public the new invention instead of maintaining closely held trade secrets shared only with close trusted partners. If you throw this out, it means that the giant companies like Comcast can steal any idea they like with impunity, which ruins the business opportunities for small or independent inventors."

      Usually don't work that way, the way its works is patents are useless pieces of paper because if you try to implement the invention it wont work, companies patent overly broad useless ideas to exclude competition, implement the technology in other way and held that as a trade secret.

      https://www.youtube.com/watch?v=NoquBA7IMNc "decoding loRa"

    11. Re:Conflicted by Anonymous Coward · · Score: 0

      So they patented again ideas that they patented in 90s

    12. Re: Conflicted by Anonymous Coward · · Score: 0

      DVDs were around before Tivo

    13. Re: Conflicted by SScorpio · · Score: 1

      DVDs recorded live TV and let you play it back?

    14. Re: Conflicted by Anonymous Coward · · Score: 0

      actually yes some could, but thats not what he said, he said that an tivo auto chaptering a recording and presenting that to you is like a dvd's chapters.

      tivo never did anything that was uinque and not already prior art in mythtv and many others

    15. Re:Conflicted by Anonymous Coward · · Score: 0

      Tivo invented jack and shit.

      numbnuts

    16. Re: Conflicted by SScorpio · · Score: 1

      But Tivo auto chaptering a recording is much different from a DVD's chapters which are manually placed.

    17. Re: Conflicted by Anonymous Coward · · Score: 0

      "but with a computer" is not sufficient to be novel.

      fuckstain

  3. TiVo’s Rovi subsidiary by 93+Escort+Wagon · · Score: 1

    While this is technically accurate... The company Rovi bought TiVo, then rebranded itself as TiVo. So it’s somewhat funny to think about the existence of a “Rovi subsidiary”.

    --
    #DeleteChrome
  4. And this is why I got a patent on stupid lawsuits! by Anonymous Coward · · Score: 0

    Now Tivo owes ME a bajillion mega-dollars!

    Bwahahah! Too bad my patent doesn't cover Congressional Investigations though, I'd own the country and rename it.

  5. Exodus Forks & Kodi are killing TiVo & Com by Anonymous Coward · · Score: 0

    TiVo should have developed an internet replacement for its technology. It blows my mind that ity bity "technology" companies are managing to build customer basses in the millions off Kodi and even individuals or small groups are managing to illegally operate streaming entities platforms (both IPTV and cloud-hosting sites similar to Mega Upload) have managed to pull off paying subscriber basses with over 500,000 and yet a well financed company like TiVo can't manage to get a piece of the action in this new market. TiVo should have been the company competing with cable. They were developing technology and digital from the start compared to a company like Netflix who had to go from old analog tech (sort of, ie DVD rentals which involved sorting machines) to digital.

  6. Re: Expect more of the same. by Anonymous Coward · · Score: 2, Informative

    TiVo isn't a patent troll, at least not in the sense we usually apply that term. TiVo actually has created products that use their patents. The problem is they're using intellectual property litigation involving dubious patents to try to replace declining revenue. Your post is definitely flamebait, but I'll address the political issue. The Republicans certainly tend to promote policies that favor big business and the wealthy. Placing more restrictions to prevent obvious and otherwise dubious patents will limit patent litigation. A patent lawsuit is a net loss because no new revenue is created in the process, though it can be lost if a business decides to stop selling a product due to patent infringement. Money may be transferred from one business to another, as part of royalties or settlements, but new revenue isn't creared. Furthermore, money is definitely lost paying the lawyers. If patent lawsuits we're less frequent, more of that money would go toward profits and business expenses, hopefully including R&D. In summary, Republicans do generally support policies that are favorable toward big business, and patent reform may actually benefit those businesses.

  7. TiVo can fly by Anonymous Coward · · Score: 0

    As a disillusioned TiVo customer, they can fly. They have junk product, junk reliability and cannot seem to figure out what they want to be. They hamstring their IOS apps(try airplaying from an iPad), it does 2/3 size on a TV where an iPhone does full screen just fine.

    I hope they come to their senses but thatâ(TM)s probably wishful thinking. Once my TiVo dies, Iâ(TM)m altogether done with them.

    1. Re:TiVo can fly by Darinbob · · Score: 1

      That's the new TiVo, it's gone downhill after acquisition. But the original TiVo was a great product, it invented the entire concept of DVRs, and all the competitors had lousy products with bad UIs in comparison.

      The real issue in this case is whether or not a company should sit back and let a let a larger company copy their patents or not. Not ever patent lawsuit is about patent trolls. If you think that the entire concept of patents should be abolished, TiVo has the law and the right on their side here even if you don't like their products.

    2. Re:TiVo can fly by Octorian · · Score: 1

      That's the new TiVo, it's gone downhill after acquisition. But the original TiVo was a great product, it invented the entire concept of DVRs, and all the competitors had lousy products with bad UIs in comparison.

      Unfortunately, due to the way modern digital cable works, these lousy products simply worked with their respective cable TV systems "out of the box." Meanwhile, TiVo users had to struggle through frustrating CableCARD nightmares while being constantly encouraged to "just give up and get the Scientific Atlanta POS-box like all our other customers."

      I feel like this has probably hurt TiVo, over time, more than almost anything else. Its also probably why they actually have no serious competitors in the "DVR not provided by the cable company" market.

  8. Won't buy from trolls... by Anonymous Coward · · Score: 0

    Adding Tivo to the list.

  9. Big Deal by Anonymous Coward · · Score: 0

    Since the Anti-Trust laws are gone as we know them its like you giving a penny to someone if you get sued. Are you really going to miss it??

  10. good by Anonymous Coward · · Score: 0

    when they get to a price of 500 dollars a gb let me know then they will just evaporate as no one will buy the shit , if you morons n the usa would strike against it for a year they'd panic, lower prices properly /add decent speeds and have unlimited that is unlimted....till then fuck it

    1. Re:good by Anonymous Coward · · Score: 0

      tell you what, you live there, and depend on a cable monopoly, then strike against it for a year, tell us how that works out. oh, and hope to keep that job that depends on your ability to have an internet connection while you strike against it. you're a part of the problem, not a part of the solution. thanks for your input.

  11. You mean Macrovision? by tepples · · Score: 3, Insightful

    And Rovi was an abbreviation of the company's original name: Macrovision. The company that introduced analog gain control copy protection.

    1. Re:You mean Macrovision? by 93+Escort+Wagon · · Score: 3, Insightful

      Well, that helps explain why the quality of my TiVo service has been going down the toilet since the takeover.

      --
      #DeleteChrome
  12. That's the topic, not the patent by raymorris · · Score: 5, Insightful

    Each patent has a couple pages describing *exactly* what is patented and how it's different from what was done before (prior art).

    They didn't patent the concepts mentioned in the summary. Slashdot summaries often mention the general topic or concept that a patent is *related to*, phrased in a way that makes it sound like someone patented the whole concept. That's not how patents work. For example, with a video cassette (vcr) you can pause it in one device, then take it to another VCR and resume watching. Nobody can patent that idea, and their patent calls out how their invention is different from what has been done before.

    If you read (part of?) any of the patents and see one that seems like it was obvious at the time (not in retrospect) I'd be curious to see it. There may be one, but don't think that just because the TOPIC mentioned in the Slashdot summary is obviously interesting, that means their invention was interesting. When Slashdot says "Space X" patents rocket guidance system" that means they patented something they invented that has to do with guiding rockets; it doesn't mean they patented the idea of rocket guidance in general.

  13. Re: Expect more of the same. by Anonymous Coward · · Score: 0

    Rovi, aka Macrovision, bought TiVo. Rovi's corporate strategy _is_ to extract rent from patents and other intellectual property. Back in 2008 they spun off or sold all their software products that didn't focus on intellectual property or extracted licensing fees. Rovi isn't interested in any innovation, it's sitting on its ass trying to make a buck off their old pile of IP.

  14. Comcast's defense doesn't hold water by putaro · · Score: 2

    I'm not a big fan of software patents, but they exist and Comcast's defense is bogus. Independent invention is not a defense against patent infringement. I notice they didn't say anything about the patents being invalid, just that they want to claim that because Tivo didn't write the X1 code the patents don't apply.

    1. Re:Comcast's defense doesn't hold water by technosaurus · · Score: 1

      Actually in the world of real patents (read mechanical systems, not bogus software based crap) this is a common practice. My Grandfather was the head engineer of a multinational tool manufacturer and a good portion of his job was to implement safety mechanisms that didn't violate patents. If existing patents used an electrical interlock and a guard, they would use 2 independent guards and a mechanical failsafe. The only time he spent in court was to testify about the safety systems that people would override, hurt themselves and sue over... none of the patent cases ever saw a courtroom.

    2. Re:Comcast's defense doesn't hold water by putaro · · Score: 1

      He was creating a different, non-infringing implementation. That's different from "independent invention" which means you got the same thing but did it on your own. Examining patents to figure out a different way to do it in a non-infringing matter is standard practice and the defense, if sued by a patent holder, is "this invention doesn't infringe", not "I invented it without looking at yours"

  15. "independently created" by markdavis · · Score: 2

    >"Comcast engineers independently created our X1 products and services, "

    Um, I guess she doesn't know how these patents work. It doesn't matter HOW it was developed/created. Could be from nothing, could have been by people who never heard of the features before, could be in a clean room, could be a 100% copy of some established product. A patent is not a copyright.

    Love TiVo, hate some long physical patents, absolutely hate all software patents (also hate long copyrights, especially on obsolete/abandoned stuff), hate Comcast. Hmm, I am certainly conflicted :)

  16. Re: Expect more of the same. by Obfuscant · · Score: 1

    TiVo actually has created products that use their patents.

    ATI created products that use the patents, before they were TiVo patents. There's a name for that, I just can't recall what it is.

  17. I love TiVo and still use it, but... by kriston · · Score: 1

    I love TiVo and still use it, but they're still subsisting off the DiSH Network judgments.

    Their business model over the past decade was to earn money by enforcing their patents. While I am not against the protection of intellectual property, I do have mixed feelings when a company's business plan is little more than enforcing your patent portfolio rather than your company continue to be an innovator, like the innovator TiVo was almost twenty years ago.

    --

    Kriston

  18. How fortunate! by Anonymous Coward · · Score: 0

    It's a good thing they were awarded that pausing and resuming patent, otherwise they would surely have kept the technology hidden from the public. And if they would some day go bankrupt the technology might have been lost forever and ever. Humanity as a whole will benefit from them being given that patent, and in only two decades other people will be able to use that pause and resume technology, without having to dedicate immense research and development resources trying to duplicate what was surely created by a stroke of genious, or random happenstance.

  19. Tivo is awesome and I hope they win by Anonymous Coward · · Score: 0

    The only reason we have the terrible set top boxes from cable companies is because they have been able to rip off these patents for years. Tivo right now, is by far the best cable experience. The only reason I have cable instead of satellite right now is because of how good the Tivo Bolt + Tivo Mini setup works.

  20. Probable result: Comcast buys Rovi, TiVo goes Bye by Anonymous Coward · · Score: 0

    Comcast is a huge company. Rovi is tiny in comparison. I believe the claims Rovi has are legitimate and should hold up in court.

    The simplest way for Comcast to make this go away is to buy Rovi, which could be Roviâ(TM)s real intention here.
    If this happens, then TiVo the product goes away, which would be bad for the market, but they had been losing money due to lost subscribers for some time before being acquired by Rovi.

  21. Re:Probable result: Comcast buys Rovi, TiVo goes B by Anonymous Coward · · Score: 0

    Prior art means that those patents are illegitimate.

    Both companies are shitholes but Rovi is in the wrong here.