TiVo Wins Decision in EchoStar Case No. 2009-1374

March 4, 2010

A contempt finding against Dish Network and EchoStar was affirmed in their patent case against TiVo. TiVo's shares surged 52 percent.

The contempt sanctions against Dish and EchoStar were for violating a permanent injunction to stop making and selling DVRs. In 2004, it was that EchoStar's DVR technology infringed TiVo patents.

TiVo also has litigation pending against AT&T, Verizon Communications, and Microsoft.

TiVo offered the following statement, "We are pleased that the United States Court of Appeals for the Federal Circuit fully affirmed the district court's finding of contempt against EchoStar, including both the disablement and infringement provisions. Additionally, this ruling paves the way for TiVo to receive the approximately $300M in damages and contempt sanctions awarded to us for EchoStar's continued infringement through July 1, 2009. We will also seek further damages and contempt sanctions for the period of continued infringement thereafter. We will continue our efforts to protect our intellectual property from further infringement."

DISH Network, a subsidiary of EchoStar, issued the following statement , "We are disappointed in the Federal Circuit's split decision, but are pleased that Judge Rader agreed with our position. Therefore, we will be seeking en banc review by the full Federal Circuit. We also will be proposing a new design-around to the district court for approval. At this time, our DVR customers are not impacted."