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[August 04, 2009] TiVo Issues Statement On Patent Lawsuit Against Echostar (TIVO) Aug 04, 2009 (SmarTrend(R) News Watch via COMTEX) -- 8/4/2009-TiVo (NASDAQ:TIVO) issued a statement regarding developments in its lawsuit against Echostar, which indicated that the United States Patent and Trademark Office (PTO) issued an action Monday regarding claims 31 and 61 of TiVo's Timewarping System patent, rejecting patent claims. TiVo made the following comments regarding the preliminary findings, "The Office action is a preliminary finding, entered in the normal course before TiVo has had any opportunity to present its views. TiVo believes that the PTO's preliminary finding will not affect EchoStar's appeal of the June 2009 ruling by the United States District Court for the Eastern District of Texas finding EchoStar to be in contempt of court." TiVo went on to say, "This is an initial step in the lengthy process known as 'reexamination,' and it is not unusual for the PTO to provide a preliminary finding of invalidity and to then later find that the claims are valid after hearing an explanation from the patent owner. Indeed, this is precisely what happened with the first reexamination of the Barton Patent that EchoStar filed in 2005. Among other things, the next step in the reexamination process provides TiVo, for the first time, the opportunity to discuss and distinguish the references presented by EchoStar, and to present new claims." Write to Chip Brian at cbrian@tradethetrend.com