You won't
Tivo is going to completly win that case. Dish infringed and like all their lawsuits and stuff, they work around the law to win. They lost the Tivo one, everyone saw it, DirecTV ponied up and bought a license, so did quite a few others. Dish just threw mud at a wall and hoped it stuck.
You can say whatever you want, but the idea of recording one show while watch another or watch a show paused WAS TIVO'S IDEA and was patented. It might seem second nature now but back then, it was a unique concept and that's what made it patentable. You can't come back 3 years later and say it is common now, so the patent doesnt apply