California Federal Court Enters Preliminary Injunction Banning Further Sales of SV-Lan and New Link Products
On April 25, 2011 the Honorable Thomas J. Whelan of the Southern District of California issued a Preliminary Injunction Order banning further distribution of devices marketed as the “SV-Lan” and “New Link” pending final resolution of DISH Network and NagraStar’s litigation against ProSonicview and its owner Christopher Whitcomb. Whitcomb was a former employee of Sonicview USA, Inc. which has also been sued by DISH Network. In that case, Judge M. James Lorenz, also in the Southern District of California, entered a similar injunction order on March 29, 2010 enjoining sales of the Sonicview iHub, 8PSK TFEC boards and related software. The iHub was the predecessor product for both the SV-Lan and New Link, and all three devices as determined by the Courts were designed and distributed to work with Sonicview-branded receivers to engage in piracy of DISH Network programming.
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.”
ORDER Granting  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”.
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