TiVo and DISH / Echostar head back to Texas for another patent duel
By Donald Melanson 
posted Feb 18th 2009 2:03PM
posted Feb 18th 2009 2:03PM
Well, just when it was starting to look like TiVo and DISH / Echostar may finally have put their seemingly never-ending patent dispute behind them, the two companies now look to be rekindling things in Texas this week, where they've landed in court once more to sort out that pesky patent involving TiVo's Time Warp software. As patent dispute junkies may recall, TiVo first wound up being awarded some damages in the matter way back in 2006, after which Echostar was forced to develop some workaround software that it claims no longer infringed on TiVo's Time Warp patent, which allows for recording of one channel while the user watches another. In the meantime, Echostar / DISH continued to fight back against TiVo, with things finally, apparently coming to an end when the Supreme Court ultimately denied DISH's appeal and once again awarded TiVo some $100 million in damages. Now, TiVo is alleging that the aforementioned "workaround" software does still violate its patent after all, and it's asking a U.S. District Court Judge in Texarcana, Texas to sort it out. If this latest round plays out as TiVo hopes, DISH could be forced to disable most, if not all, of its DVRs, and potentially buy new DVRs that don't infringe on TiVo's patents.
If EchoStar/DishNetwork disables my DVR, I'll be forced to punch them in the face with my elbow!
Agreed...if they disable my DVR, I will cry. If they do that, I wonder if I'd be able to get out of my contract and switch. Not having a DVR is just unthinkable.
TexarKana
Didn't see this coming! Yeahhhh. When Echostar first said they had a "legal workaround", everyone was suspicious. There really isn't any way to get around this patent, unless you're trying to use some goofy loophole that will just end up with them having to pay even MORE in damages.
Tivo basically OWNs the DVR patent at this point. Pony up the money, or get out of the business.