Dish/EchoStar sues TiVo over DVR patent

This blog was updated at 1:20 p.m. PDT with a statement from TiVo.

A month after an appeals court confirmed that Dish Network's DVR software had indeed violated a TiVo patent, Dish is retaliating with a lawsuit of its own.

(Credit: Dish Network)

The Colorado-based satellite TV provider filed suit in Delaware Friday, asking the court to declare that Dish's current DVR software does not violate TiVo's '389 patent.

Dish says in the filing that it updated its software nearly two years ago in response to TiVo's patent violation suit. It wants TiVo to stop making public statements that allege that the current software on Dish's DVRs are still in violation because it's "causing uncertainty in the marketplace for DVRs," according to the court filing.

A TiVo spokesperson said the company had not yet seen the filing, and therefore could not comment.

[umbrae]

Go Dish! TiVo perves think they invented the VCR.

[tux_warrior]

No but, they did perfect it.

The VIP622 is a toy compared to a Tivo box.

[HarlDelos]

In the first place, Umbrae, DISH and Echostar have been separate companies for a couple of years. DISH operates the network, and Echostar develops the hardware and software.

I've never heard anyone claim that TiVO invented the VCR, umbrae - but the US Patent and Trademark Office says they invented the PVR. Take a look at patent 6,233,389, issued May 15, 2001. (If you can't figure out how, find an 10-year-old, and ask him to do a "patent number search" for you, on the uspto.gov website.) TiVO sued Echostar and the PTO found ALL CLAIMS in the patent valid, in a case that is "final and not appealable by EchoStar."

I used to have DISH PVR. TiVO is substantially different and substantially better. Unlike the dumb devices offered by other companies, the TiVO has artificial intelligence. It figures out what kind of show the owner prefers, and caches "suggestions" for him.

The DISH PVRs created by Echostar will save you the hassle of juggling tapes, and lets you pause live TV; otherwise, it's just an expensive VCR that doesn't allow you to build a library of thousands of hours of recordings.

TiVO doesn't pretend to be a VCR; it's meant to be used *with* a VCR, which is why the software makes it easy to transfer shows to tape.

The US Constitution says that inventors should have the exclusive right to their inventions. Violating patents isn't just a crime - it's unpatriotic. Charlie Ergen should be ashamed.

[jdlaw27]

Commentor 1, umbrae <meaning the dark spot in a shadow> obviously is in a dark spot and has no idea about the technology what-so-ever. A video cassette Recorder ("VCR") is not one of the claims of the '389 patent.

The second commentor, HarlDelos, although has at least taken the time to look up the '389 patent. But seemingly, that is where it ends for HarlDelos when it comes to patent law. This case is one for what is called injunctive relief. Dish and Echostar want the court to delare ("declaratory judgement") that the current version of of Dish PVR does not infringe the '389 patent. The fact that you like TiVO better is irrelavent and if anything only goes to show that the current version of DISH PVR does not infringe on the TiVO patent. TiVO on the other hand is still out there telling everyon that DISH is still infringing when they are not. Shame on you, Tom Rogers!

[jdlaw27]

The TiVO '389 patent primary claims only deal with converting to Moving Pictures Experts Group ("MPEG") formatted streams. (A sample claim is included below). As long as anyone else like Echostar or Dish is using its own proprietary codec which is not an MPEG codec, they are not infringing on the patent. Furthermore, if they are still using MPEG, they are not infringing unless they are copying each and every element of the claim (or its equivalent). So, the Tivo patent does not cover all digital video recording equipment that records live TV and they should not be out there saying they do unless TiVO wants to get into even more trouble.

>>>What is claimed is:

1. A process for the simultaneous storage and play back of multimedia data, comprising the steps of:

accepting television (TV) broadcast signals, wherein said TV signals are based on a multitude of standards, including, but not limited to, National Television Standards Committee (NTSC) broadcast, PAL broadcast, satellite transmission, DSS, DBS, or ATSC;

tuning said TV signals to a specific program;

providing at least one Input Section, wherein said Input Section converts said specific program to an Moving Pictures Experts Group (MPEG) formatted stream for internal transfer and manipulation;

providing a Media Switch, wherein said Media Switch parses said MPEG stream, said MPEG stream is separated into its video and audio components;

storing said video and audio components on a storage device;

providing at least one Output Section, wherein said Output Section extracts said video and audio components from said storage device;

wherein said Output Section assembles said video and audio components into an MPEG stream;

wherein said Output Section sends said MPEG stream to a decoder;

wherein said decoder converts said MPEG stream into TV output signals;

wherein said decoder delivers said TV output signals to a TV receiver; and

accepting control commands from a user, wherein said control commands are sent through the system and affect the flow of said MPEG stream.

[JohnSegal]

You can download this patent in PDF format for free at http://www.patentretriever.com

[benjaminstraight]

We all knew this was coming.