There’s a lot of weirdness around TiVo today. The stock surged late this afternoon, to end +6.3% just before it released its Q3 earnings. But shares fell in initial after-hours trading as investors sorted through numbers that were far from analyst expectations, and included $78.4M in litigation proceeds from the settlement of the company’s patent infringement suit against Verizon. The DVR pioneer reported a net profit of $59.0M, up from a $24.5M loss in the period last year, on revenues of $82.0M, +26.6%. Revenues were far higher than the $59.9M that the Street expected. And earnings at 44 cents a share contrast with forecasts for a 21 cent loss. TiVo says it had 2.94M subscriptions at the end of October, up 8.3% from the end of July. All of the gains came from DVRs with TiVo software that were rented or sold by cable operators and DirecTV. The number of people who pay TiVo directly declined by 15,000; they now account for 35.4% of total subscriptions. CEO Tom Rogers says that the company is selling more high-end DVRs with large hard drives and several tuners, and plans to increase spending to market the service. The company says its expects a net loss of as much as $17M in Q4 as it pays lawyers for its patent infringement suits against companies including Time Warner Cable and Motorola. “As a result of the progress we have made toward our operational goals, we expect to be profitable next quarter on an Adjusted EBITDA basis excluding litigation spend,” Rogers says.