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TiVo Patent Suit Advances on Federal Court Denial of Echostar Motions
03-09-2005
March 9, 2005 - ALVISO, Calif. - TiVo Inc. (NASDAQ: TIVO), the creator of and a leader in television services for digital video recorders (DVRs), today announced that the federal district court for the Eastern District of Texas, Marshall Division has denied motions to dismiss and transfer TiVo's patent infringement case against Echostar Communications Corporation (ECC) and affiliated companies. In that case, TiVo has alleged that ECC and certain subsidiaries are violating a key TiVo patent (U.S. Patent No. 6,233,389 issued to TiVo in May 2001, known as the "Time Warp" patent). The defendants had sought to transfer the case out of Texas, and two of the defendants argued that they were not subject to jurisdiction in Texas. The Court denied both motions.
Key TiVo inventions protected by this patent include a method for recording one program while playing back another; watching a show as it is recording; and a storage format that supports advanced capabilities - such as pausing live television, fast-forwarding, rewinding, instant replays, and slow motion.
As a result of the Court's rulings, the case will move forward in TiVo's chosen forum of the Eastern District of Texas, where the Court has scheduled jury selection to begin on October 4, 2005. TiVo is being represented by law firms Irell & Manella LLP (led by trial attorney Morgan Chu) and McKool Smith, P.C. (led by trial attorney Sam Baxter).
About TiVo Inc.
Founded in 1997, TiVo Inc. (NASDAQ: TIVO), a pioneer in home entertainment, created a brand new category of products with the development of the first digital video recorder (DVR). Today, the Company continues to revolutionize the way consumers watch and access home entertainment by making TiVo the focal point of the digital living room, a center for sharing and experiencing television, music, photos and other content. TiVo connects consumers to the digital entertainment they want, where and when they want it. The Company is based in Alviso, Calif.
This release contains certain forward-looking statements within the meaning of the Private Securities Litigation Reform Act of 1995. These statements relate to, among other things, TiVo's business, services, business development, strategy, customers or other factors that may affect future earnings or financial results. 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 "Factors That May Affect Future Operating Results." More information on potential factors that could affect the Company's financial results is included from time to time 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, 2004, and the Quarterly Reports on Form 10Q for the period(s) ended April 30, 2004, July 31, 2004, October 31, 2004, filed with the Securities and Exchange Commission. We caution 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.
TiVo, Season Pass, WishList, TiVo Basic are registered trademarks of TiVo Inc. in the United States and other jurisdictions. All other company or product names mentioned may be trademarks or registered trademarks of the respective companies with which they are associated.
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All statements contained are not verified for their accuracy. The statements may or may not be true and therefore are not to be relied on.
For entertainment purposes only.
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