TiVo Inc. (NASDAQ:TIVO) , the creator of and a leader in television services for digital video recorders (DVR), 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." [May 24, 2006]

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