No, purely speculation on my part, as the patents are very similar, and Echostar (Dish) IMO is about as slimey as they come. Long story there, won't get into it on this board. TiVo's '389 patent is currently being reexamed by the USPTO. On 5/17/07, TiVo filed suit against Forgent in the Northern California court. Here is an excerpt from the case, I had to type it as the doc was scanned in:

"All of the claims of the '746 patent currently stand rejected as being invalid under the United States patent laws. On October 26, 2006, the PTO rejected all five claims of the '746 patent on the grounds that they were anticipated under 35 U.S.C. 102 and obvious under 35 U.S.C. 103 in light of numerious prior patents, pattent applications, including a prior patent owned by TiVo."

Now with that said, the above statement does not state that TiVo's '389 is the "prior patent owned by TiVo" in question, but IMO it is. The two are very similar IMO. I sent you the doc from Pacer to your email account. If I remember correctly, you use gmail?

You will also notice something very interesting when you read the doc. Forgent sued I believe 19 DVR companies for infringing the '746 patent.....all but TiVo. Why? Because IMO they will lose. TiVo might own Forgent when this is over. JMO GLTAL