NEW YORK - DISH Network and EchoStar said Friday they had filed a lawsuit against TiVo and asked a Delaware court to find that their new DVR software does not infringe a TiVo patent.

In January, the U.S. Court of Appeals said DISH, a satellite television provider, had infringed a TiVo patent in building digital video recorders, and upheld a lower court's damage award against DISH of $74 million plus interest.

The appeals court in April denied DISH's request for judges to rehear arguments related to the patent dispute.

DISH was formerly known as EchoStar Communications. It recently spun off its technology assets, including its set-top box division, to create EchoStar.

TiVo said it could not comment as it had not seen the filing, but added it was confident in the outcome.

TiVo shares closed up 1.1% at $8.41, while EchoStar shares fell 1.2% and DISH shares fell 0.9%. (Reporting by Ritsuko Ando; Editing by Braden Reddall)

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