Lawsuits

Federal Court enters default against Nfusion Private Server and IKS Rocket end-user Paul Williams, awards $10,000 in statutory penalties and issues a permanent injunction

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On March 14, 2014 the United States District Court for the Northern District of Illinois granted DISH Network and NagraStar’s motion for judgment against Paul Williams.  Williams was sued by DISH Network and NagraStar for federal claims arising out of his subscriptions to the Nfusion Private Server (“NFPS”) and IKS Rocket services. The Court’s order includes a permanent injunction against Williams as well as an award of $10,000 in statutory damages (the maximum damages per violation) under the Electronics Communication Privacy Act (“ECPA”). DISH Network and NagraStar continue to investigate and take action against those responsible for trying to circumvent the companies’ security system in order to gain unauthorized access to DISH Network programming.

Federal Court enters default against IKS Rocket end-user Edward Bradley, awards $10,000 in statutory penalties and issues a permanent injunction

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On February 7, 2014 the United States District Court for the Southern District of Florida granted DISH Network and NagraStar’s motion for judgment against Edward Bradley.  Bradley was sued by DISH Network and NagraStar for federal claims arising out of his subscription to the IKS Rocket services. The Court’s order includes a permanent injunction against Bradley as well as an award of $10,000 in statutory damages (the maximum damages per violation) under the Electronics Communication Privacy Act (“ECPA”). DISH Network and NagraStar continue to investigate and take action against those responsible for trying to circumvent the companies’ security system in order to gain unauthorized access to DISH Network programming.

Federal Court enters default against Nfusion Private Server and IKS Rocket end-user Juan Gomez, awards $10,000 in statutory penalties and issues a permanent injunction

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On February 4, 2014 the United States District Court for the Middle District of North Carolina granted DISH Network and NagraStar’s motion for judgment against Juan Gomez.  Gomez was sued by DISH Network and NagraStar for federal claims arising out of his subscriptions to the Nfusion Private Server (“NFPS”) and IKS Rocket services. The Court’s order includes a permanent injunction against Gomez as well as an award of $10,000 in statutory damages (the maximum damages per violation) under the Electronics Communication Privacy Act (“ECPA”). DISH Network and NagraStar continue to investigate and take action against those responsible for trying to circumvent the companies’ security system in order to gain unauthorized access to DISH Network programming.

Nevada Federal Court Enters Final Judgment and Permanent Injunction against Digital Warehouse, Inc. and David DiMarco

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On October 31, 2013 Judge Robert C. Jones from the United States District Court for the District of Nevada entered final judgment and permanent injunctive relief against Nevada-based electronics distributor Digital Warehouse, Inc. and owner David DiMarco.  DISH Network and NagraStar filed suit against these Defendants in December 2011 alleging violations of the Digital Millennium Copyright Act (“DMCA”) and Federal Communications Act (“FCA”) in connection with their distribution of various satellite receivers and other electronic components associated with those receivers.  The agreed judgment awards DISH Network over $8.6 million in statutory damages against Digital Warehouse and David DiMarco.  The judgment also includes a permanent injunction against all Defendants prohibiting them from future violations. DISH Network and NagraStar continue to investigate and take all appropriate legal action against those responsible for trying to circumvent the companies’ security system in order to gain unauthorized access to DISH Network programming.

California Federal Court Enters Final Judgment against Johnny Tran, Rene Valdez and their Respective Distributor Companies, Awards Over $5.3 Million in Damages, Issues Permanent Injunction and Impoundment Order

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On September 27, 2013 Judge David O. Carter from the United States District Court for the Central District of California granted DISH Network and NagraStar’s Motion for Judgment against Defendants Johnny Tran, Rene Valdez, Satellite Dish Expert, Inc., New Era Electronics Corp., Swyft Products, LLC, and FTA Republic.  DISH and NagraStar filed suit against these Defendants in July 2012 alleging violations of the Digital Millennium Copyright Act (“DMCA”) and Federal Communications Act (“FCA”) in connection with their distribution of various satellite receivers and other electronic components associated with those receivers.  The Court’s Order found those devices and the Defendants conduct violated both the DMCA and FCA and awarded over $5.3 million in statutory damages against the Defendants as follows:  $3,873,200 in damages assessed against New Era Electronics, Corp.;  $1,259,200 in damages against Satellite Dish Expert, Inc.;  $128,800 in damages against Swyft Products, LLC;  $5,261,200 in damages against Johnny Tran;  and $57,000 in damages against Rene Valdez d/b/a FTA Republic.  The Court also entered a permanent injunction against all Defendants prohibiting them, under penalty of contempt, from future violations.  Finally, the Court ordered all Defendants to turn over remaining inventory in the infringing products to Plaintiffs for impoundment pursuant to the DMCADISH Network and NagraStar will aggressively pursue enforcement and collection efforts against Defendants and continue to investigate and take all appropriate legal action against those responsible for trying to circumvent the companies’ security system in order to gain unauthorized access to DISH Network programming.