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TiVo Statement on Stay of EchoStar’s Patent Lawsuit Pending Reexamination


Alviso, CA — August 28, 2006 — TiVo Inc. (NASDAQ: TIVO), the creator of and the leader in television services for digital video recorders (DVR), today offered the following statement on the court stay of EchoStar Technology Corporation’s lawsuit against TiVo and Humax USA. On July 14, 2006, United States Magistrate Judge Caroline M. Craven for the United States District Court, Eastern District of Texas, issued a stay order, which is now final.

“We are pleased with the Court’s order to stay EchoStar Technology Corporation’s patent infringement litigation pending the outcome of the USPTO reexamination proceedings of certain EchoStar patents. The reexamination requests TiVo submitted to the USPTO detail how a large number of prior art references that the USPTO did not previously consider raise substantial new questions regarding the validity of the claims EchoStar asserted and why those claims are invalid. TiVo will continue to defend its technology vigorously and will not be intimidated by claims such as those EchoStar asserted against TiVo — claims EchoStar asserted in response to TiVo’s successful suit against EchoStar. As the jury found on April 13, 2006 in TiVo’s suit against EchoStar, EchoStar willfully infringed TiVo’s pioneering time warping patent. TiVo will continue to vigorously pursue its rights in that case.”

The order grants a stay in the proceedings in EchoStar Technology Corporation’s lawsuit against TiVo and Humax USA, Inc. regarding the alleged infringement of U.S. Patent Nos. 5,774,186 (“Interruption Tolerant Video Program Viewing”), 6,208,804 B1 (“Multimedia Direct Access Storage Device and Formatting Method”), and 6,529,685 B2 (“Multimedia Direct Access Storage Device and Formatting Method”) pending the United States Patent and Trademark Office (USPTO) completion of proceedings with respect to TiVo’s request for reexamination of those patents.

About TiVo
Founded in 1997, 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, 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 full set of 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, has elevated its popularity among consumers and has 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) 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 measurement research. The company is based in Alviso, Calif.


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