TiVo Statement on Developments in Lawsuit Against EchoStar

26 May 2006

TiVo Inc. (Nasdaq: TIVO), the creator of and a leader in television services for digital video recorders (DVR), today offered the following comment on the recent developments in the lawsuit against EchoStar Communications Corporation:

"The level of misleading spin that EchoStar is putting out with respect to

our patent case against them is quite extraordinary. We are pleased to

state that the USPTO issued its first Office Action in the reexamination.

The USPTO reexamined all 61 claims set forth in the Barton patent

confirming the validity of most of the claims, including two of the claims

that EchoStar has been found to have willfully infringed. In the Office

Action, the USPTO expressly rejected the invalidity arguments put forward

by EchoStar. While certain of the patent claims were rejected by the

patent office, this should in no way impact the jury verdict. We will now

be given an opportunity with the patent office to discuss our claims which

we believe should result in a reaffirmed and strengthened patent. We will

provide a real understanding of how this process works on our earnings

call after close of market today."

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.

Source: prnewswire

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