Sure you can - the dividing line is where the DVR process has valid audio and video streams to start "recording" / processing out of the satellite receiver process. By the same reasoning - an ATSC DVR process will start after the DVR process has valid A/V streams out of the ATSC tuner process. Or, after an analog A/V signal has been converted to MPEG A/V streams by digitizing. So maybe the case law following Markman needs to be revised ? Whoever said that precedents are ALWAYS correct ?