TiVo Statement on U.S. District Court Order

TiVo Inc.

offered the following statement today on the most recent U.S. District Court order: "On February 8, 2011, the United States District Court for the Eastern District of Texas entered an order lifting its stay of EchoStar's

patent infringement suit against TiVo. The suit, originally brought by EchoStar on four patents, has been whittled down to one patent, a patent on which EchoStar has changed its position on the meaning of claim terms. EchoStar's lawsuit is separate from TiVo's lawsuit against EchoStar, in which arguments about the contempt judgment against EchoStar were presented to the United States Court of Appeals for the Federal Circuit sitting en banc in November 2010, and has no impact on TiVo's case against EchoStar. EchoStar brought this suit in 2005 based on four patents that EchoStar acquired from IBM after TiVo initiated its successful lawsuit against EchoStar for EchoStar's infringement of TiVo's Time Warp patent. Early in the case, the district court dismissed with prejudice EchoStar's patent claims under U.S. Patent No. 6,173,112 as well as claims 21-30 and 32 of U.S. Patent No. 5,774,186. In July 2006, the United States Magistrate Judge for the U.S. District Court for the Eastern District of Texas issued an order staying the case pending the reexamination by the United States Patent and Trademark Office of the remaining claims of the '186 patent as well as the claims of U.S. Patent No. 6,529,685, and U.S. Patent No. 6,208,804. During the USPTO reexamination of these patents, all asserted claims of the '685 patent were canceled, all asserted claims of the '186 patent were narrowed and many other asserted claims were canceled, and EchoStar changed its position on the interpretation of claim terms in the '804 patent. The USPTO denied TiVo's request for ex parte reexamination of the '804 patent, and TiVo has filed a petition seeking to reverse this determination. The USPTO also recently granted a further reexamination of several remaining claims of the '186 patent (claims 11-20 and 35) and issued an Office Action rejecting those claims as invalid in light of prior art. In requesting that the Court lift the stay, EchoStar also represented to the Court that it will dismiss the '186 patent from the case and proceed only on the '804 patent. As a result of the proceedings in the USPTO and District Court to date, EchoStar's suit against TiVo has been narrowed to only the '804 patent and TiVo remains confident that TiVo does not infringe any of the remaining claims at issue. "