TiVo ‘Wins’ Another Round in Comcast Patent Dispute

TiVo June 4 received a favorable ruling by Administrative Law Judge MaryJoan McNamara of the International Trade Commission (ITC) that select aspects of Comcast’s cloud-based X1 video platform infringe Rovi’s patents.

Rovi, which acquired DVR pioneer TiVo in 2016 for $1.1 billion, operates under the TiVo brand name.

TiVo has a worldwide portfolio of over 5,500 patents. Patents involve advertising, analytics, DVR, guide, search and record, interactive TV and apps, AR/VR, multi-screen, parental controls, VOD/OTT, social media, sports, personalization and voice.

This was the second positive ruling for TiVo. In November 2017, the ITC issued a final ruling that Comcast had infringed two Rovi patents around ‘remote record’ functionality.

Comcast subsequently removed this feature from their products, according to TiVo.

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Then on May 23, the ITC launched a third investigation into Comcast for infringing six Rovi patents including: X1 Sports App, multi-room DVR features, and set-top box integrations of apps like Netflix.

That query has also been assigned to McNamara.

“We are thrilled by yet another legal victory,” Arvin Patel, EVP and chief intellectual property officer at Rovi, said in a statement. “We hope that today’s decision will encourage Comcast to pay the necessary licensing fees so their customers can once again access advanced cable features.”

That may be wishful thinking.

McNamara’s ruling is just one required step before the ITC can mandate Comcast make additional changes or pay license fees to TiVo – which the latter would prefer.

The cable behemoth contends TiVo’s technology is outdated and has instituted proprietary technology in the X1 platform.

In a statement, Comcast viewed McNamara’s decision a victory since the judge found “no violation” regarding two of the three other patents involved in the complaint.

“We look forward to the full commission’s review of the one remaining patent later this year, but we are confident, regardless, this ruling will not disrupt our service to our customers,” Comcast said. “We will continue to resist Rovi’s efforts to force Comcast and our customers to make unreasonable payments for aging and obsolete patents.”

 

Comcast Ending ‘Xfinity On Demand’ Access for TiVo Users

Comcast Cable reportedly is set to end access to its “Xfinity On Demand” app for TiVo devices, effective June 25.

In an email to subscribers — first reported by tech blogger Dave Zatz — Comcast said “out of date [TiVo] technology that cannot be upgraded or updated” was the reason for pending non-access.

Comcast said the shutdown would not affect recorded programming, and access to Xfinity Stream would still be available on Apple iOS, Android Xfinity apps and Xfinity website.

“VOD is also available on TiVo through Hulu, Amazon Prime Video and Vudu apps,” read the message.

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The pending shutdown comes as TiVo and Comcast remain embroiled in tech royalty disputes. The DVR pioneer in April appealed to International Trade Commission and filed litigation against Comcast alleging patent infringement on technology related to streaming video and cloud-based DVR.

TiVo, which is splitting into two separate companies focusing on patents and hardware, in 2017 received ITC backing for a complaint involving remote time-shifting functionality on Comcast’s X1 set-top devices.

It filed litigation against Comcast in April in U.S. District Court in California.

“We believe Comcast’s Xfinity X1 continues to infringe Rovi’s cloud and multi-room DVR patents – a vital component of home entertainment,” Arvin Patel, EVP and CIPO at Rovi,” said in a statement.

Rovi, which acquired TiVo in 2016 for $1.1 billion and assumed the latter’s brand name for the merged companies, claims to have invested over a billion dollars into its patent portfolio and products.

“We are extremely proud of our patent portfolio of over 1,000 issued patents in the US.,” Patel said.

Comcast, which launched much of its cloud-based X1 features via TiVo technology, claims it has developed its own tech and that most TiVo patents in question are outdated.

TiVo Inks License Deal with Starz

Home entertainment technology pioneer TiVo April 3 said it signed a long-term intellectual property license agreement with Starz.

Lionsgate-owned Starz is acquiring a license to the TiVo patent portfolios and over-the-top video assets of the “intellectual ventures” patent portfolio under the TiVo/IV licensing partnership.

“This agreement emphasizes the importance of TiVo’s patent portfolios, especially for companies who are working to keep up with rapid developments and changes in the OTT video space,” Arvin Patel, EVP and chief intellectual property officer, Rovi Corp., a TiVo company, said in a statement.

TiVo, which created the digital video recorder market in 1999, has spent decades investing in R&D to enhance digital distribution technologies for the media and entertainment industry.

In 2016, Rovi acquired TiVo for $1.1 billion, incorporating the TiVo name as its new corporate identity. Between the two companies, they reportedly hold more than 6,000 patents used in practically every aspect of consumers’ day-to-day interaction with their entertainment.

“By leveraging [our] innovations, TV networks and other OTT [distributors] can quickly strengthen or upgrade the entertainment experiences they provide and in turn, spend more time and energy focused on other business priorities,” Patel said.

Indeed, patent litigation has proved to be a lucrative side business for TiVo. The company has been awarded by courts more than $1 billion in patent settlements through 2012.

Earlier this year, TiVo filed a lawsuit against Comcast, alleging the pay-TV operator’s X1 set-top infringes technology invented and patented by Rovi, including pausing and resuming shows on different devices, restarting programs in progress, advanced DVR recording features, and advanced search and voice functionality.

TiVo Ups Google Deal to Include YouTube TV

TiVo Jan. 18 announced an updated patent license agreement with Google that includes the search behemoth’s online television service, YouTube TV.

The deal covers Google’s use of TiVo’s technologies worldwide and offers a license for Google’s products and services across Internet-based platforms and devices.

Launched last spring, You Tube TV offers access to more than 40 pay-TV channels starting at $35 monthly. The app enables subs to watch programing on computers, portable devices and connected LG and Samsung TVs, or televisions employing Chromecast, Android TV, Xbox One or Apple Airplay streaming media devices.

TiVo, which helped create the digital video recorder market in the ’90s, licenses software applications that help track user data, remote control functions, program search, channel listings, transactional VOD support and other backend technology.

“The world of video entertainment is expanding with exciting new consumer offerings such as YouTube TV,” said Arvin Patel, EVP and chief intellectual property officer, Rovi Corp., a TiVo company.