TiVo seeks order refreezing sales of EchoStar’s DVRs
TiVo Inc. has asked a U.S. appeals court to reinstate a judge’s order that would halt Douglas County-based EchoStar Communications Corp.’s sales of competing digital video recorders, saying a delay may drive TiVo out of business.
The U.S. Court of Appeals for the Federal Circuit in Washington, D.C., froze the order this month at EchoStar’s request, allowing the satellite-television provider to avoid cutting off service to as many as 3 million DVR subscribers within 30 days.
“If EchoStar’s infringement is allowed to continue while appeal is pending, TiVo is at risk of losing its company,” TiVo said Wednesday in a court filing. “The situation for TiVo is critical.” TiVo, based in Alviso, Calif., has recorded losses every year since going public in 1999.
The freeze doesn’t affect U.S. District Court Judge David Folsom’s ruling that EchoStar must pay $89.6 million for using TiVo’s patented technology without permission. TiVo, which created the market for DVRs, is trying to defend its turf as demand grows for devices that can pause TV shows while recording them and tape several programs at once.
Folsom ordered EchoStar to halt sales of its DVRs on Aug. 17, saying they infringe on TiVo’s patents. EchoStar persuaded Federal Circuit Judge Paul Michel to freeze Folsom’s injunction until the appeals court could consider both sides’ arguments.
ASPEN
United Airlines adds five nonstop flights
United Airlines announced Thursday it will add two new daily nonstop flights into Aspen’s Pitkin County Airport from Chicago’s O’Hare International Airport and three nonstop flights from San Francisco International Airport.
It will also expand its nonstop service from Los Angeles International Airport and connecting service from Denver International Airport on the weekends.
The flights will be on United Express regional jets and will go on sale beginning Saturday.
LYONS
Soda Fountain owners retiring, selling place
The owners of the Lyons Soda Fountain and Bakery are putting the 85-year-old business up for sale.
Owners John and Darlene Chilson say they are ready to retire and will close the business at the end of October if a buyer does not come forward. The couple says the soda fountain is among the oldest in Boulder County.
BOULDER
Robotic satellite craft delivered successfully
Ball Aerospace & Technologies Corp. announced Thursday the successful delivery of the NextSat Commodities Spacecraft to the Boeing Co.’s Orbital Express program for the Defense Advanced Research Projects Agency.
Scheduled to launch late this year, the satellite is designed to demonstrate robotic satellite servicing.
HOUSTON
Anadarko closes sale of W&T Offshore
Anadarko Petroleum Corp., which on Wednesday acquired Denver-based natural-gas producer Western Gas Resources, said it closed the sale of a Gulf of Mexico subsidiary to W&T Offshore Inc. for $1 billion.
Anadarko plans to use the after-tax proceeds of about $750 million to reduce debt, the Houston-based company said Thursday in a statement.
DOUGLAS COUNTY
EchoStar to offer Warner Bros. films
EchoStar Communications Corp., the second-largest U.S. satellite-television service, has agreed to offer films from Time Warner Inc.’s Warner Bros. studio on a pay-per-view and on-demand basis.
EchoStar’s Dish service will offer access to current and catalog films, the companies said Thursday in a statement. The agreement will include high-definition films.
GEORGETOWN
Ski areas announce season-pass pricing
Loveland Ski Area on Thursday announced its season-pass pricing for the upcoming winter. An unlimited adult season pass costs $279, and a midweek season pass is $189. A four-pack of lift tickets is available from $89 to $99. Loveland passes go on sale Sept. 1 and must be purchased by Nov. 20.
Purgatory in Durango also recently announced its season- pass pricing. An adult season pass is $599, and a weekday pass is $299. Purgatory passes are on sale until Sept. 23.
BROOMFIELD
McData Corp. reports $20.5 million loss
McData Corp., which agreed this month to be purchased by Brocade Communications Systems Inc., reported a second-quarter loss of $20.5 million.
The net loss of 13 cents a share compared with a loss of $25.5 million, or 18 cents a share, a year earlier, the Broomfield-based company said Thursday in a statement. Sales fell 9.2 percent to $150.1 million. Excluding some costs, profit of 1 cent was in line with preliminary results from Aug. 8.
HOUSTON
Skilling asks judge to block asset seizure
Former Enron Corp. chief executive officer Jeff Skilling asked a judge to block U.S. efforts to seize his assets, saying his conspiracy conviction may be reversed because of an appeals court ruling in a related case.
Skilling, 52, said a Houston federal jury was wrong to find him guilty of spearheading the fraud that destroyed the energy trader because he didn’t deprive Enron of his “honest services” as prosecutors claimed. A New Orleans appeals court that would hear Skilling’s planned appeal cited similar grounds when it threw out the fraud convictions of four ex-Merrill Lynch & Co. executives found guilty of artificially boosting Enron earnings.
CHICAGO
McDonald’s shake-up not fazing Wall Street
A shake-up of top management at McDonald’s Corp.’s prompted surprise but little concern on Wall Street on Thursday following the abrupt resignation of No. 2 executive Mike Roberts.
While caught off-guard by Roberts’ unexplained departure after assisting in McDonald’s resurgence of the past three years, industry experts said the reshuffling does not appear to indicate problems or a change in strategy for the world’s largest restaurant company.
MENOMONEE FALLS, Wis.
Kohl’s teams up with high-end Vera Wang
In the latest step by department stores to team up with high-end fashion designers, Kohl’s Corp. announced Thursday a union with Vera Wang, known for her $10,000 wedding gowns, to create a new brand.
The exclusive brand called Very Vera by Vera Wang will be available in all 749 Kohl’s stores and on Kohls.com starting in the fall of 2007.
