DivX reached a tentative settlement of a shareholder suit, clearing one hurdle to its proposed $323 million sale to Sonic Solutions, Sonic said Thursday in documents filed with the SEC. The suit, filed by the Shareholder Foundation in California Superior Court, San Diego, accused DivX’s board of breaching its fiduciary duty in trying to sell the company at an “unfair price.” The shareholder group filed a motion Aug. 20 seeking a preliminary injunction blocking the sale and a hearing was scheduled for Sept. 3, Sonic said. Terms of the proposed settlement weren’t released. There was no comment from DivX or Shareholder Foundation officials.

TV programmers are increasingly cautious about how they approach deals with new distribution partners and are being careful not to agree to anything that might run counter to the pay-TV industry’s TV Everywhere plans, online and mobile video industry executives said. “Any new distribution outlet has become more challenging because of TV Everywhere,” said Joanne Waage, vice president of strategic media partnership and programming at MobiTV: “What you see are major media companies looking at everything through the lens of TV Everywhere."

Panasonic, CBS Sports and the United States Tennis Association said Wednesday they will produce 3D versions of all CBS broadcasts of U.S. Open matches on Labor Day weekend and the next, finals weekend. The matches will be shown on n3D, DirecTV channel 103, and in 3D viewing galleries at the National Tennis Center in Flushing, Queens. Panasonic and DirecTV also will provide the U.S. Open semifinal and final matches live in 3D to hundreds of TV retail locations across the country as part of National 3D Demo Days (CED Aug 18 p6), Sept. 10-12, organized by the Consumer Electronics Association.

Marvell’s Armada application processors will be used in “a new gaming platform” that “a major customer” is “preparing to launch,” CEO Sehat Sutardja said on a recent earnings call. But he didn’t specify the company or platform. Marvell won’t comment on “future customer products prior to the official launch,” a spokesman said.

Saying it might have reached the “limit of [energy] consumption reductions it can realistically achieve” without affecting “consumer experience,” AT&T proposed two changes to the Energy Star set-top box specification the telco said would help get service provider participation. The EPA is revising the set-top box specification and has put out a draft with changes to the rules for service providers. Only four providers, including AT&T and DirecTV, have participated in the Energy Star program for set-top boxes since its debut in 2008.

Chimei Innolux is stepping up its legal battle with Sony, accusing the CE manufacturer of “widespread infringement” of display-related patents. The infringement extends through Sony’s Bravia TV line and beyond to its PlayStation 3 videogames console, Chi Mei said in a complaint in U.S. District Court in Wilmington, Del. Chimei said it also lodged a complaint with the International Trade Commission seeking to bar importation to the U.S. of Sony products infringing its patents, the company said. Sony officials weren’t available to comment. Chimei filed a separate case against Sony in U.S. District Court, Fayetteville, Ark., alleging that its LCD TVs, digital cameras and digital photo frames infringe another set of patents.

Bang and Olufsen’s (B&O) retail business will “stabilize” in the 2010-2011 fiscal year, ending two years of store closings as it moves to open new locations, CEO Kalle Hvidt Nielsen said in a conference call.

All of the “key metrics” for Barnes & Noble’s widening digital business “are well ahead of plan,” CEO William Lynch said in an earnings call. “The results of our digital investments to date embolden us further,” he said, saying: “In less than 12 months, we believe we have already captured a larger share of the digital book market in the U.S. than our 17 percent share of physical books.” But shares in the company fell after it reported a $62.5 million loss for Q1 ended July 31 and cut its fiscal year earnings per share forecast by 25 cents. Shares closed down 2.27 percent Tuesday, at $14.66.

The EPA defended its decision to require certification bodies for the Energy Star program to “maintain a substantial North American presence,” as it released final rules for recognition of such bodies with minor changes from the final draft. The new rules are part of the agency’s efforts to strengthen Energy Star product qualification and verification procedures. It decided to fast-track the work after a GAO investigation found that Energy Star was prone to fraud and abuse.

Congress shouldn’t require mobile devices to include FM-radio chips, six manufacturers and wireless service providers said in a letter Monday to House and Senate Judiciary Committee leaders of both parties. CTIA, CEA, TechAmerica, the Telecommunications Industry Association, Rural Cellular Association and Information Technology Industry Council questioned the NAB’s and MusicFirst’s right to make the proposal in the groups’ performance royalty talks. The CEA and CTIA had objected to any legislation sought by radio broadcasters and music labels requiring chips in cellphones (CED Aug 16 p5).