EchoStar Prevails in Patent Suit

[Scott Greczkowski]

EchoStar Prevails in Patent Suit

Judge Denies Forgent New Trial, Awards EchoStar Court Costs


ENGLEWOOD, Colo., Aug 10, 2007 (PrimeNewswire via COMTEX News Network) --

EchoStar Communications Corporation (Nasdaq: DISH) issued the following statement regarding recent developments in the Forgent Networks, Inc. lawsuit:

Yesterday, a Texas judge denied Forgent's motion for a new trial and awarded EchoStar $90,000 in court costs, reaffirming the unanimous jury verdict handed down in May which found invalid a patent Forgent accused EchoStar of violating.

DirecTV and the cable companies settled with Forgent for $28 million before trial.

About EchoStar Communications Corporation

EchoStar Communications Corporation (Nasdaq: DISH) has been a leader for more than 26 years in satellite TV equipment sales and support worldwide. The Company's DISH Network(r) is the fastest-growing pay-TV provider in the country since 2000 and currently serves more than 13.585 million satellite TV customers. DISH Network offers a premier line of industry-leading Digital Video Recorders (DVRs) and hundreds of video and audio channels as well as the most national HD and International channels in the U.S., Interactive TV, Latino and sports programming. DISH Network also provides a variety of package and price options including the lowest all-digital price in America and the DishDVR Advantage Package. EchoStar is included in the Nasdaq-100 Index (NDX) and is a Fortune 300 company. Visit EchoStar Communications Corporation or call 1-800-333-DISH (3474) for more information.

 

[Hall]

Yesterday, a Texas judge denied Forgent's motion for a new trial and awarded EchoStar $90,000 in court costs, reaffirming the unanimous jury verdict handed down in May which found invalid a patent Forgent accused EchoStar of violating.

DirecTV and the cable companies settled with Forgent for $28 million before trial.

I guess sometimes it does pay to fight battles in court. I don't imagine $90,000 covers their attorney's fees but compared to D* handing Forgent a check for $28 million, Dish came out pretty good !!

 

[John Kotches]

Guys, Forgent might be suing Tivo...

Take a look at this patent on Forgent's site.

This is the Patent filing for the above patent.

Cheers,

 

[John Kotches]

For those who understand IP law (I don't and I'm not a lawyer either)...

Does this judgement have any bearing on any previously settled lawsuits in favor of Forgent?

Cheers,

 

[RockinHARD26]

Fun Fun Fun, we get shopping channels BACK. Its like, who cares about them?????

 

[BigTimMN]

Dish was accused of violating a patent on a shopping channel?

 

[lakebum431]

Fun Fun Fun, we get shopping channels BACK. Its like, who cares about them?????

Huh?

 

[JamesJ]

Fun Fun Fun, we get shopping channels BACK. Its like, who cares about them?????

I understand what he is saying, he is saying Dish is involved in so many court cases right now, its hard to keep track This isnt the shopping channel one, this is something different, and no its not the tivo one either....by the way does charlie have a lawyer on speed dial?

 

[Hall]

...Dish is involved in so many court cases right now, its hard to keep track

And FWIW, all large companies are always involved in lawsuits, with someone suing them anything and everything.

 

[Darrell S]

I'm just glad Charlie finally won one. I just wish he could find someway to destroy TIVO, either by lawsuit or cruise missile, it makes no difference to me.

 

[mike123abc]

In the US #1 entity being sued is the Federal Government, #2 Walmart.... Companies are being sued at all times from all directions... I love the fact the the Supreme Court decided to tighten up patent law. It was getting out of control with whole concepts being patented... Gee I could record TV on to a hard drive and play it back later, can patent it and sue anyone with anything similar...

 

[Tom Bombadil]

I wonder what the execs at D* are saying back in the board room?

 

[lakebum431]

I wonder what the execs at D* are saying back in the board room?

My guess is "Doh"

 

[Hall]

Then they fire the law firm who advised them to settle (because they wouldn't be able to win).

 

[Tom Bombadil]

My guess is "Doh"

Oh, I think there were probably many 4-letter words uttered too.

 

[chaddux]

For those who understand IP law (I don't and I'm not a lawyer either)...

Does this judgement have any bearing on any previously settled lawsuits in favor of Forgent?

Cheers,

No. A settlement is an agreement to a premature end to a trial that immediately and permanently completes that case. The company being sued cannot come back later and ask for its money back. Likewise, the company suing cannot come back later and ask for MORE money. A settlement, once accepted by both parties and the judge, is irrevocable and final. There are no appeals.

It's a gamble for both companies. For example, DIRECTV could have waited to see if the patent was invalidated but if it wasn't, they could have had to pay more. Forgent could have waited to see if their patent was upheld and then forced DIRECTV to pay more. Of course, if it was invalidated, they'd get nothing. In this case, the gamble paid off for DISH and Forgent (with respect to DIRECTV). DIRECTV is the only complete loser.

However, one instance in which it COULD help is if a company agreed to license the patent for a period of time as part of the settlement. Once the patent was invalidated, that company can then argue it is under no obligation to license a (now) non-existent patent.

 

[lakebum431]

Oh, I think there were probably many 4-letter words uttered too.

Hehe, I know. I just said that because of the Simpsons movie.