[bkdtv (Unverified) Posted Jun 4th 2009 1:40AM]

>> So Macrovision must pay Tivo some kind of license fee to Tivo for their DVR version of
>> I-Guide and Passport. I guess Scientific Atlanta (now Cisco) pays some sort of fee to Tivo
>> on their SARA DVR product. And of course the Comcast Tivo vaporware, developed by Tivo
>> should be exempt because it IS a Tivo product.

TiVo's "timewarp" patent consists of a series of hardware and software claims. All those claims must be met for a product to infringe. Taken separately, the hardware and software do not infringe. Only when combined do they infringe. That's why you see the cable companies (and DirecTV) striking agreements with TiVo -- the cable and satellite companies are responsible for marrying the hardware and software into a functional DVR.

TiVo also has patents on some implementations of specific software features, including the progress bar, wishlists, and overshoot correction on FF/REW. However, TiVo has not sued anyone for infringement of those specific features, presumably because it wasn't worth the time and resources. TiVo focused their litigation on core DVR functionality, because that provides the greatest monetary return; it's also the most difficult for a provider to address. Customers probably won't care too much if their provider disables overshoot correction on FF/REW, but they won't tolerate losing the ability to watch one program (or a prior recording) while they record another.

Note TiVo also pays to license several patents for its own software. Like the cable and satellite companies, TiVo has paid millions to Macrovision/Gemstar to license those EPG patents. Macrovision owns the patents on the electronic program guide grid and several other EPG related navigation functions.