Englewood, Colo. — The ongoing intellectual property tiff between EchoStar’s Dish Network and TiVo took another twist Friday, when the satellite TV service filed a lawsuit against TiVo in a Delaware Court for allegedly stating that Dish’s new DVR software infringes its 389 patent.
In a statement, Dish Network said: “Today, Dish Network and EchoStar filed a lawsuit against Tivo asking a Delaware court to find that our new DVR software does not infringe Tivo's 389 patent. The lawsuit is in response to TiVo's continued public statements that our new DVR software infringes.”
Dish said the move was a pre-emptive strike in anticipation that TiVo was planning legal action to stop the satellite operator from alleged further infringement actions.
“This action is independent of TiVo's anticipated motion for contempt in the Eastern District of Texas. We believe any contempt motion by TiVo should be denied because we are in full compliance with the injunction,” according to a Dish statement.
The U.S. Court of Appeals for the Federal Circuit previously denied the satellite TV operator’s request for a rehearing of the court’s judgment that it infringed on a key software patent owned by TiVo — a ruling Dish said it planned to appeal to the U.S. Supreme Court.
A federal appeals court in January upheld a lower court’s ruling that Dish violated TiVo’s “Time Warp” software patent and affirmed the judgment against the direct-broadcast satellite operator for $94 million in damages.
Dish later was denied an appeal of the decision, but has vowed to take the matter to the U.S. Supreme Court.
The satellite company has said that it has deployed newer DVR software to customers that does not infringe the TiVo patent at issue. Dish DVRs will function without any interruption or changes, according to the company.