Dish plans to sustain legal fight with TiVo

By Jeff Smith, Rocky Mountain News (Contact)

Published August 5, 2008 at 9:05 p.m.

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Dish Network CEO Charlie Ergen said to analysts this week the company eventually will try to work with TiVo but for now plans to continue its legal fight.

Dish was found to be in violation of TiVo's digital video recorder software patent, so it came up with new software to deliver to its customers. Now, TiVo has alleged that, too, infringes on its patent, with a court hearing scheduled for Sept. 4.

"You know, I know this case inside and out," Ergen said in a conference call with analysts Monday. "We have changed that intellectual property in a way we don't violate (TiVo's patent) anymore. I'm just stubborn enough to say, 'Why am I going to pay for something that we don't violate?' "

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