TiVo Statement on Developments in Lawsuit Against EchoStar

TiVo Statement on Developments in Lawsuit Against EchoStar

ALVISO, Calif., Aug. 4 /PRNewswire-FirstCall/ -- TiVo Inc. (NASDAQ:TIVO) , the creator of and a leader in television services and advertising solutions for digital video recorders (DVRs), indicated today that on August 3, 2009, the United States Patent and Trademark Office (PTO) issued an Office action with respect to Claims 31 and 61of TiVo's Multimedia Timewarping System patent, U.S. patent number 6,233,389 (the "Barton Patent"), preliminarily rejecting the patent claims. TiVo offered the following comment on the PTO preliminary finding:

       "The Office action is a preliminary finding, entered in the normal       course before TiVo has had any opportunity to present its views.  TiVo       believes that the PTO's preliminary finding will not affect       EchoStar's  appeal of the June 2009 ruling by the United States       District Court for the Eastern District of Texas finding EchoStar to       be in contempt of court."        "This is an initial step in the lengthy process known as       'reexamination,' and it is not unusual for the PTO to provide a       preliminary finding of invalidity and to then later find that the       claims are valid after hearing an explanation from the patent       owner.  Indeed, this is precisely what happened with the first       reexamination of the Barton Patent that EchoStar filed in 2005.  Among       other things, the next step in the reexamination process provides       TiVo, for the first time, the opportunity to discuss and distinguish       the references presented by EchoStar, and to present new claims."    About TiVo Inc.  

Founded in 1997, TiVo (NASDAQ:TIVO) pioneered a brand new category of products with the development of the first commercially available digital video recorder (DVR). Sold through leading consumer electronic retailers and our website, TiVo has developed a brand which resonates boldly with consumers as providing a superior television experience. Through agreements with leading satellite and cable providers, TiVo also integrates its DVR service features into the set-top boxes of mass distributors. TiVo's DVR functionality and ease of use, with such features as Season Pass(TM) recordings and WishList searches and TiVo KidZone, have elevated its popularity among consumers and have created a whole new way for viewers to watch television. With a continued investment in its patented technologies, TiVo is revolutionizing the way consumers watch and access home entertainment. Rapidly becoming the focal point of the digital living room, TiVo's DVR is at the center of experiencing new forms of content on the TV, such as broadband delivered video, music and photos. With innovative features, such as TiVoToGo(TM) transfers and online scheduling, TiVo is expanding the notion of consumers experiencing "TiVo, TV your way. " The TiVo service is also at the forefront of providing innovative marketing solutions for the television industry, including a unique platform for advertisers and audience research measurement.

TiVo, 'TiVo, TV your way.', Season Pass, WishList, TiVoToGo, Stop||Watch, Power||Watch, and the TiVo Logo are trademarks or registered trademarks of TiVo Inc. or its subsidiaries worldwide. 2009 TiVo Inc. All rights reserved. All other trademarks are the property of their respective owners.

First Call Analyst:
FCMN Contact: emilster@sloanepr.com

Source: TiVo Inc.

CONTACT: Erik Milster of Sloane & Company, +1-212-446-1866, for TiVo

Web Site: http://www.tivo.com/

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Profile: International Entertainment