SOURCE: TiVo

TiVo

February 09, 2011 09:45 ET

TiVo Statement on U.S. District Court Order

ALVISO, CA--(Marketwire - February 9, 2011) - TiVo Inc. (NASDAQ: TIVO), the creator of and a leader in advanced television services including digital video recorders (DVRs) for consumers, content distributors and consumer electronics manufacturers, offered the following statement today on the most recent U.S. District Court order:

"On February 8, 2011, the United States District Court for the Eastern District of Texas entered an order lifting its stay of EchoStar's patent infringement suit against TiVo. The suit, originally brought by EchoStar on four patents, has been whittled down to one patent, a patent on which EchoStar has changed its position on the meaning of claim terms.

EchoStar's lawsuit is separate from TiVo's lawsuit against EchoStar, in which arguments about the contempt judgment against EchoStar were presented to the United States Court of Appeals for the Federal Circuit sitting en banc in November 2010, and has no impact on TiVo's case against EchoStar.

EchoStar brought this suit in 2005 based on four patents that EchoStar acquired from IBM after TiVo initiated its successful lawsuit against EchoStar for EchoStar's infringement of TiVo's Time Warp patent. Early in the case, the district court dismissed with prejudice EchoStar's patent claims under U.S. Patent No. 6,173,112 ("Method and System for Recording In-Progress Broadcast Programs") as well as claims 21-30 and 32 of U.S. Patent No. 5,774,186 ("Interruption Tolerant Video Program Viewing") (the '186 patent). In July 2006, the United States Magistrate Judge for the U.S. District Court for the Eastern District of Texas issued an order staying the case pending the reexamination by the United States Patent and Trademark Office of the remaining claims of the '186 patent as well as the claims of U.S. Patent No. 6,529,685 ("Multimedia Direct Access Storage Device and Formatting Method") (the '685 patent), and U.S. Patent No. 6,208,804 ("Multimedia Direct Access Storage Device and Formatting Method") (the '804 patent). During the USPTO reexamination of these patents, all asserted claims of the '685 patent were canceled, all asserted claims of the '186 patent were narrowed and many other asserted claims were canceled, and EchoStar changed its position on the interpretation of claim terms in the '804 patent. The USPTO denied TiVo's request for ex parte reexamination of the '804 patent, and TiVo has filed a petition seeking to reverse this determination. The USPTO also recently granted a further reexamination of several remaining claims of the '186 patent (claims 11-20 and 35) and issued an Office Action rejecting those claims as invalid in light of prior art. In requesting that the Court lift the stay, EchoStar also represented to the Court that it will dismiss the '186 patent from the case and proceed only on the '804 patent. As a result of the proceedings in the USPTO and District Court to date, EchoStar's suit against TiVo has been narrowed to only the '804 patent and TiVo remains confident that TiVo does not infringe any of the remaining claims at issue. "

About TiVo Inc.
Founded in 1997, TiVo Inc. (NASDAQ: TIVO) developed the first commercially available digital video recorder (DVR). TiVo offers the TiVo service and TiVo DVRs directly to consumers online at www.tivo.com and through third-party retailers. TiVo also distributes its technology and services through solutions tailored for cable, satellite, and broadcasting companies. Since its founding, TiVo has evolved into the ultimate single solution media center by combining its patented DVR technologies and universal cable box capabilities with the ability to aggregate, search, and deliver millions of pieces of broadband, cable, and broadcast content directly to the television. An economical, one-stop-shop for in-home entertainment, TiVo's intuitive functionality and ease of use puts viewers in control by enabling them to effortlessly navigate the best digital entertainment content available through one box, with one remote, and one user interface, delivering the most dynamic user experience on the market today. TiVo also continues to weave itself into the fabric of the media industry by providing interactive advertising solutions and audience research and measurement ratings services to the television industry. www.tivo.com

TiVo and the TiVo Logo are trademarks or registered trademarks of TiVo Inc. or its subsidiaries worldwide. © 2011 TiVo Inc. All rights reserved. All other trademarks are the property of their respective owners.

This release contains forward-looking statements within the meaning of the Private Securities Litigation Reform Act of 1995. These statements relate to, among other things, the expectations regarding the outcome of TiVo's litigation with EchoStar and TiVo's intent to enforce and defend its intellectual property. Forward-looking statements generally can be identified by the use of forward-looking terminology such as, "believe," "expect," "may," "will," "intend," "estimate," "continue," or similar expressions or the negative of those terms or expressions. Such statements involve risks and uncertainties, which could cause actual results to vary materially from those expressed in or indicated by the forward-looking statements. Factors that may cause actual results to differ materially include delays in development, competitive service offerings and lack of market acceptance, as well as the other potential factors described under "Risk Factors" in the Company's public reports filed with the Securities and Exchange Commission, including the Company's Annual Report on Form 10-K for the fiscal year ended January 31, 2010, Quarterly Reports on Form 10-Q since then, and Current Reports on Form 8-K. The Company cautions you not to place undue reliance on forward-looking statements, which reflect an analysis only and speak only as of the date hereof. TiVo disclaims any obligation to update these forward-looking statements.