A federal judge denied Sonicview’s motion to dismiss DISH Network and NagraStar allegations that Sonicview violated the Digital Millennium Copyright Act, stating “the Court also notes with respect to Defendants’ contention . . . the Court has found, based on evidence, that Plaintiffs were likely to prevail on the merits of this claim” in an order issued on June 24, 2010.
The Court underscored that the evidence presented by plaintiffs showed Defendants’ actual involvement in piracy and highlighted Sonicview’s sale of 8PSK Turbo Boards. Concluding its order, the Court stated that “Plaintiffs’ allegations, which are supported by evidence presented for purposes of the preliminary injunction motion, are sufficient . . . . For the reasons stated above, Defendants’ motion to dismiss Counts I and III of the complaint is DENIED.”
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Case Name: Dish Network L.L.C. et al v. Sonicview USA, Inc. et al
Case Number:3:09-cv-01553-L-WVG
Filer:
Document Number:79
Docket Text:
ORDER Granting [34] Plaintiffs’ Motion for Preliminary Injunction: Plaintiffs’ request that no bond be required is granted.
(1) The Court’s Order preliminarily enjoins Sonicview “and all persons and entities in active concert or participation there with, including, but not limited to, manufacturers, distributors, retailers and cooperative members . . . from designing, manufacturing, developing, trafficking, selling and marketing 8PSK Turbo Boards, Sonicview iHubs, and Pirate Software at any physical address or on the Internet, including at www.sonicviewusa.com, www.kingsatellite.com, www.xtraba.com, www.extremesats.com, www.satfire.com, www.megadropshippers.com, www.satster.com, www.speedyfta.com, www.pansat3500sd.com and www.ftalife.com”
The SonicviewUSA site has stopped the sale of iHubs and the posted announcement states:
“Until further notice, Sonicview iHub has been discontinued. Due to a court order, Sonicview will not be able to sell, traffic, or market this product until a final decision has been made in the court. . . . We are aggressively defending ourselves and our products, and do not recommend purchasing the Sonicview iHub or clones of it at this time”.
SonicView complaint
On july 17 2009 Nagrastar, Echostar LLC, Dish network served a complaint upon Sonicview USA, Inc., Sonicviewra LLC, Sonicviewsa LLC, Roberto Sanz, DontPay4TV, LLC, Duane Bernard, Courtney Bernard and DOES
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