TiVo Statement on Decision by U.S. Court of Appeals to Stay Permanent Injunction Issued by District Court in Lawsuit Against EchoStar

TiVo Statement on Decision by U.S. Court of Appeals to Stay Permanent Injunction Issued by District Court in Lawsuit Against EchoStar

ALVISO, Calif., Oct. 3 /PRNewswire-FirstCall/ -- TiVo Inc. (NASDAQ:TIVO), the creator of and leader in television services for digital video recorders (DVR), today announced that U.S. Court of Appeals for the Federal Circuit granted the request of EchoStar Communications Corp. ("ECC") to stay the permanent injunction imposed by the U.S. District Court to prevent ECC from making, using, offering for sale or selling in the United States the DVR products involved in the case (DP-501, DP-508, DP-510, DP-721, DP-921, DP-522, DP-625, DP-942, and all EchoStar DVRs that are not more than colorably different from any of these products) pending the outcome of ECC's appeal.

TiVo sued EchoStar in Federal District Court on January 5, 2004, alleging 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 Time Warp patent discloses systems and methods for the simultaneous storage and playback of programs, supporting advanced capabilities such as pausing live television, fast-forwarding, rewinding, instant replays, and slow motion. On April 13, 2006, a Marshall, Texas jury concluded that EchoStar had willfully infringed TiVo's Time Warp patent.

"We are confident that the jury's decision in TiVo's favor will be upheld once the Federal Circuit has the opportunity to review the entire record in this case. It is important to note that most injunctions in patent cases are stayed pending appeal, and the appeal itself will be decided on a totally different standard of review," stated the company.

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(R) 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(R) 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.

FCMN Contact: jweir@sloanepr.com

Source: TiVo Inc.

CONTACT: Media, Whit Clay, +1-212-446-1864, or wclay@sloanepr.com; or
Investors, Derrick Nueman, +1-408-519-9677, or dnueman@tivo.com

Web site: http://www.tivo.com/

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