Tivo -vs- Echostar case delayed to March 2006

Tuesday morning, Marilyn Lattin of TiVo investor relations confirmed that TiVo vs. Echostar WILL be continued until March of 2006. She also stated that the continuance had no bearing on the merits of the case against rival Echostar.

Monday's trading of TiVo, the leading manufacturer of Digital Video Recorders, saw higher than average volumes as TiVo dipped and then recovered much of what it had lost in previous days. At time of publication TiVo was trading up 0.78% on high volume.

Message boards and forums around the web were quick to speculate as to how the delay could cause difficulties for TiVo's sworn enemy DirecTV, who has flirted with the possibility of releasing their own DVR. DirecTV might sleep better at night given a quick court decision as to the legitimacy of TiVo's claims on the Time Warp technology (a proprietary approach used to allow a viewer to watch part of a program while the remainder is being recorded.) DirecTV has made much ado about abandoning the TiVo product for another made by a sister company NDS, however they continue to quietly ship TiVo units to customers, while slowly phasing out the TiVo logo and name from their packaging and advertising (if not press releases.)

TiVo's counsel took great pains to keep their litigation against Echostar in Marshall, Texas. Some speculate it is because Marshall has become widely knows as a Rocket Docket, where patent litigations are welcomed by the court. Echostar was denied a motion to move the case to another venue. Many investors believe this could possibly result in higher punitive damages, should the court uphold TiVo's claims. Investment Bank Smith Barney projects a "70%-90% chance of victory" for the DVR pioneer, and projects that there may be a windfall of legal settlement income in TiVo's future.
 

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