Moffett has been a
TiVo cheerleader, he also says he is invested in
TiVo himself.
I would not say "E* will be forced to settle" just yet, because
TiVo themselves appeared to lack such confidence. I do agree if the appeals court lifts the stay pending appeal, the only logical option for E* is to settle.
Also the notion that E* can be slapped with a rate that is far less competitive than Comcast and D* is not true, if
TiVo chooses a non-exclusive licensing model which it does, the rates cannot put one of the licensees in a competitive disadvantage, just ask the Justice Department. And as much as people want to say hey E* lost the case, but the lawsuit has nothing to do with competitive pricing in non-exclusive licensing. E*'s disadvantage is E* will have to pay all the damages if the ruling stands, not to mention their own legal cost, and a chance to have the damages tripled in the future assessment, and even to pay
TiVo's future attorney fees.
But there should not be competitive disadvantage if they sign a licensing agreement.
TiVo can however refuse to license to E*, the patent law gives them such right. That alone may refute Vampz's "extortion" argument

If I am not selling it to you, then you cannot accuse me of extortion. But if you say signing a licensing agreement alone is an "extortion" then I cannot argue with you, I do not agree but also won't argue with you on this one.