The filing is the latest salvo in the legal war between the two companies. TiVo sued Dish Network in 2004 for DVR patent infringement and a Texas jury in April 2006 found in TiVo's favor.
The verdict has since been tied up in appeals court, but TiVo said this week that a resolution is expected shortly. The company claims that Dish Network now owes it approximately $100 million in damages. Additionally, TiVo says Dish must disable all current HD and SD DVRs because of the patent infringement.
Dish, however, maintains that a recent software upgrade now makes the company's DVRs free of any infringement and therefore they do not need to be replaced.
The satcaster is asking a Delaware court to prove that contention.
"Today, DISH Network and EchoStar (Dish's sister company) 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 in a statement.
Dish also stated that it believes that TiVo's contempt motion in the Eastern District of Texas -- the site of the original court victory -- should be dismissed "because we are in full compliance."
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