TiVo Issues Response to EchoStar’s Statement on USTPO Decision to Grant a Second Reexamination of TiVo’s Time Warp Patent

January 13, 2009

ALVISO, Calif., Jan. 13 /PRNewswire-FirstCall/ — TiVo Inc.
(Nasdaq: TIVO), the creator of and a leader in television products and
services for digital video recorders (DVR), offered the following statement
today regarding the decision by the United States Patent and Trademark Office
to reexamine the software claims of TiVo’s Time Warp Patent:

“EchoStar filed its latest request for reexamination after TiVo asked the
United States District Court to hold EchoStar in contempt of the Court’s
injunction requiring EchoStar to disable its DVR functionality. An evidentiary
hearing on the contempt issues is scheduled to be held on February 17 and 18,

“EchoStar’s latest tactic follows numerous failed attempts to invalidate
TiVo’s groundbreaking Time Warp patent. In 2006, the District Court rejected
all of EchoStar’s validity challenges after a full jury trial and the judgment
of validity was affirmed by the Federal Circuit in 2008. The USPTO also
conducted a prior reexamination of the Time Warp Patent at EchoStar’s request,
which concluded on November 11, 2008, with the USPTO issuing a Reexamination
Certificate confirming the validity of all of the claims of the Time Warp
Patent without any change. EchoStar’s latest request for reexamination is
based on a combination of two prior art references that were both already
submitted to the USPTO in connection with the earlier reexamination. The
USPTO grants most patent reexamination requests. Contrary to EchoStar’s
statement, the USPTO made no substantive findings. We are confident that the
USPTO will once again confirm the validity of all of the claims of the Time
Warp patent.”

About TiVo Inc.

Founded in 1997, TiVo (Nasdaq: TIVO – News) 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(R)
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. (R)” The TiVo(R) 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. (C) 2008 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, TiVo’s future business and growth strategies including
TiVo’s mass distribution strategy and retail bundling efforts, profitability
and financial guidance, distribution of the TiVo service domestically with
Comcast, DIRECTV, and Cox and internationally, growth and innovation in TiVo’s
advertising and audience research measurement business, the timing and
availability of broadband content, TiVo’s software development for the cable
industry including with respect to switch digital technology, the results of
TiVo’s litigation with EchoStar, how TiVo intends to exploit its intellectual
property, TiVo’s future marketing spend and related activities, and financial
performance. 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,
, our Quarterly Reports on Form 10-Q for the fiscal periods ended April
30, 2008
and July 31, 2008, and our 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.


Source: newswire

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