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SECURITIES AND EXCHANGE COMMISSION
Washington, D.C. 20549
FORM 8-K
CURRENT REPORT
Pursuant to Section 13 or 15(d) of
The Securities Exchange Act of 1934
Date of Report: December 12, 2001
(Date of earliest event reported)
TIVO INC.
(exact name of registrant as specified in its charter)
Delaware Commission File:
(State or other jurisdiction 000-27141 77-0463167
of incorporation or ---------------- -------------------
organization) (I.R.S. Employer
Identification No.)
2160 Gold Street
P.O. Box 2160
Alviso, California 95002
(Address of Principal executive offices, including zip code)
(408) 519-9100
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(Registrant's telephone number, including area code)
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ITEM 5. OTHER EVENTS
On January 8, 2002, we introduced our new TiVo Series2 digital video
recorder. TiVo's next-generation digital video recorder offers more recording
capacity at a lower cost and will enable new entertainment services such as
digital music, digital photos, broadband video-on-demand, and video party games.
On January 8, 2002, we also announced strategic partnerships with each of
RealNetworks, Inc., Jellyvision and Radiance Technologies, Inc. to deliver new
entertainment services for our TiVo Series2 digital video recorder. Through
these partnerships, we intend to distribute new digital music, video party games
and video-on-demand services.
On December 12, 2001, SONICblue Incorporated filed a lawsuit against us in
the U.S. District Court for the Northern District of California, alleging that
it is the owner of United States Patent No. 6,324,338, entitled "Video Data
Recorder with Integrated Channel Guides," and alleging further that we have
willfully and deliberately infringed the patent by making, using, offering to
sell and/or selling within the United States the TiVo digital video recorder.
SONICblue seeks declaratory relief, preliminary and permanent injunctions
against our operations, unspecified monetary damages and attorneys' fees and
costs. We believe we have meritorious defenses against this lawsuit and intend
to defend ourselves vigorously; however, we could be forced to incur material
expenses during this litigation and, in the event we were to lose the lawsuit,
our business could be harmed.
Forward-Looking Statements
This Current Report on Form 8-K contains forward-looking statements, including
those pertaining to the formation of strategic partnerships with RealNetworks,
Inc., Jellyvision and Radiance Technologies, Inc. and the SONICblue litigation.
You can identify forward-looking statements by use of forward-looking
terminology such as "believes," "anticipates," "expects," "plans," "may,"
"will," "intends" or the negative of these words and phrases or similar words or
phrases. You can also identify forward-looking statements by discussions of
strategy, plans or intentions. Such forward-looking statements have known and
unknown risks, uncertainties and other factors that may cause our actual
results, performance or achievements to be materially different from any
results, performance or achievements expressed or implied by such
forward-looking statements. Actual results could differ materially from those
set forth in such forward-looking statements. Factors that may cause actual
results to differ materially include delays in development, competitive service
offerings and lack of market acceptance, as well as the "Factors That May Affect
Future Operating Results" and other risks detailed in our Annual Report on Form
10-K for the period ended December 31, 2000, our Transition Report on Form 10-K
for the period ended January 31, 2001, and our Quarterly Reports on Form 10-Q
for the periods ended April 30, 2001, July 31, 2001 and October 31, 2001, filed
with the Securities and Exchange Commission. We caution you not to place undue
reliance on forward-looking statements, which reflect an analysis only and speak
only as of the date of this Current Report.
SIGNATURES
Pursuant to the requirements of the Securities Exchange Act of 1934, the
Registrant has duly caused this report to be signed on its behalf by the
undersigned hereunto duly authorized,
TIVO INC.
Date: January 8, 2002 By: /s/ David H. Courtney
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David H. Courtney
Chief Financial Officer and
Executive Vice President, Worldwide
Operations and Administration