During its second quarter conference call with financial analysts Wednesday, TiVo didn't have much to say about its ongoing litigation with EchoStar/DISH Network, saying only that the DVR pioneer is waiting for the court date next week involving the two companies.
The patent infringement
litigation is in the enforcement phase. There is a hearing scheduled next Wednesday in U.S. District Court in Texas that will focus on an injunction facing DISH that has been upheld by the U.S. Court of Appeals in Washington. The court also could determine further damages for
DISH/EchoStar.
TiVo CEO Tom Rogers commented on the DISH litigation, saying, "We remain confident in the outcome and look forward to final resolution in the near-future and to realizing the value of our intellectual property." Rogers also dismissed EchoStar's move to take the legal matter to
the Supreme Court, adding "it's very unlikely the case will be heard" at the high court.
Meanwhile, TiVo reported a net loss of 178,000 cumulative subscriptions in the second quarter, taking its cumulative subscriber base to 3.623 million. The numbers include both TiVo-owned and
partner-supported customers using the DVR service.
TiVo's partner subscriber base includes DIRECTV users of the DVR service as well as cable partners. That group of users saw a net decline of about 136,000. TiVo-controlled DVR subscribers fell by 42,000.
TiVo's second quarter financial
performance was strong, with adjusted EBITDA of $10.6 million and net income of $2.9 million for the period. The net income compares to a net loss of $ 17.69 million for the same period last year.