This blog was updated at 1:20 p.m. PDT with a statement from TiVo.
A month after an appeals courtthat Dish Network's DVR software had indeed violated a TiVo patent, Dish is retaliating with a lawsuit of its own.
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.