Dish Network seeks PVR ‘workaround’

Chris Forrester

Charlie Ergen's lawyers must have told him that there's a very real possibility that he's going to lose his long - and already expensive - action against TiVo. A one line filing with the US Federal Court last week stated simply that Dish Network is trying to find another workaround for the disputed TiVo ‘Time Warp' patent.

The company "is investigating other potential design-around options, but at this stage, does not know whether a further design-around is even possible," the filing stated.

TiVo has already won its arguments in court, and Ergen's bills are mounting. Currently Dish Network must cough up more than $190m in penalties and judgements against it - perhaps helping focus Ergen's mind that this one is not going to go his way. Ergen's current position is that his legal team has won a ‘stay' in the case pending an appeal to a higher court - and hence the filing last week. (Dish was ordered to keep the Court informed of any such work).

The squabble goes back to 2004 when TiVo started its action against (then) Echostar alleging use of TiVo's patent (number 6,233,389, the so-called Time Warp patent). The patent perfectly describes the functionality of a standard PVR/DVR, and the ability to pause live TV, playback one recording while capturing another, etc.

But in simple terms if Ergen's technologists cannot find a suitable non-infringing workaround AND Echostar loses the appeal, Dish might end up having to pay for TiVo's patents.