TiVo issues statement on developments in lawsuit against EchoStar

August 4, 2009

1 Min Read

ALVISO, Calif. -- TiVo Inc. (Nasdaq: TIVO - News), 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."

TiVo Inc. (Nasdaq: TIVO)

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