Registered: Nov 2001
Both Replay and TiVo have patents on what I would call key DVR technologies.
Both are from applications filed sometime in 1998, which means prior art must be from mid-1997 or earlier (absent some good arguments why the applications dates do not represent the date of constructive reduction to practice).
So if the Dish player is newer than that, it probably doesn't qualify as prior art.
Moreover, the Replay patent is generally directed at the idea of a method for recording video programs based on (a) user selected criteria, and (b) a processor that uses those criteria to select and record programs using a database of program info. Oh, and it also appears to require that the processor cause lower priority recordings to be deleted, if necessary, to record new stuff. So unless the Dish player included something like Season Passes or Wish Lists, it probably isn't (by itself, anyway) enough to knock out the Replay patent.
The TiVo patent, meanwhile, is generally directed at the idea of live recording/playback of a video stream recorded in compressed format on a hard drive. I don't remember the exact details as well as I remember the details of the Replay patent (I just reviewed the Replay patent yesterday and today, but reviewed the TiVo patent some time ago, when it was granted). But it does strike me that the Dish player, if old enough, is more likely to be a problem for the TiVo patent than for the Replay patent.
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