New Suit Heats Up DISH/TiVo Litigation

The ongoing litigation between DISH Network and TiVo heated up Friday, with the satellite TV company filing a lawsuit against the DVR pioneer that asks a Delaware court to determine its DVR software does not infringe a TiVo patent.

DISH said the lawsuit was in response to TiVo's public statements last week that its new DVR software effort infringes on the patent in question. Also, DISH said the legal action is independent of TiVo's anticipated filing of a motion for contempt in U.S. District Court in Texas tied to the ongoing litigation skirmishes between the companies.

In the Delaware legal action, DISH said it successfully developed its DVR fix shortly after a verdict of infringement was delivered in the Texas federal court. DISH said it deployed its new DVR technology to customers in October 2006, almost a year and a half before a federal appeals court took on proceedings in the case.

The DISH legal action filed Friday came the same day DISH and TiVo were set to go before the Texas federal court for a status hearing in the case. After the appeals court rejected DISH's arguments in the matter earlier in the year, the company vowed that it would take the case to the Supreme Court.

In a statement, TiVo said it had not seen the DISH Delaware filing so it couldn't comment on its contents. "However, these issues are in front of the District Court in Texas and we remain confident in the outcome," the company said.