Dish Network 2011 Annual Report Download - page 50

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InterAD Technologies, LLC
On September 16, 2011, InterAD Technologies, LLC (“InterAD”) filed a complaint against our wholly-owned
subsidiary DISH Network L.L.C., as well as EchoStar, EchoStar Technologies L.L.C., a wholly-owned subsidiary of
EchoStar, Atlantic Broadband Finance, LLC, AT&T, Inc., Bright House Networks, LLC, Cable One, Inc., Cequel
Communications, LLC, Charter Communications Holding Company, LLC, Charter Communications, Inc., Comcast
Corporation, Cox Communications, Inc., CSC Holdings, LLC, DirecTV, Inc., Insight Communications Company,
Inc., Knology, Inc., Mediacom Broadband, LLC, RCN Telecom Services, LLC, Time Warner Cable, Inc., and
Verizon, Inc. in the United States District Court for the District of Delaware alleging infringement of United States
Patent No. 5,438,355, which is entitled “Interactive System for Processing Viewer Responses to Television
Programming.” On January 5, 2012, InterAD voluntarily dismissed the case against us without prejudice.
Norman IP Holdings, Inc.
On September 15, 2011, Norman IP Holdings, Inc. (“Norman”) filed a patent infringement complaint against
Brother International Corporation and Lexmark International Corporation in the United States District Court for the
Eastern District of Texas alleging infringement of U.S. Patent No. 5,592,555 (the “‘555 patent”) and U.S. Patent
No. 5,502,689 (the “‘689 patent”). On December 9, 2011, Norman filed a first amended complaint that added Ricoh
Americas Corporation and dropped Brother International Corporation as defendants. On January 27, 2012, Norman
filed a second amended complaint that added us as a defendant, in addition to adding Belkin International, Inc.,
BMW of North America LLC, Daimler North America Corporation, Mercedes-Benz USA, LLC, D-Link Systems,
Inc., Ford Motor Company, Garmin International, Inc., Garmin USA, Inc., General Electric Company, General
Motors Company, JVC Americas Corporation, Novatel Wireless, Inc., Novatel Wireless Solutions, Inc., Novatel
Wireless Technology, Inc., TomTom, Inc., ViewSonic Corporation, Vizio, Inc., Volkswagen Group of America,
Inc., Xerox Corporation, ZTE USA, Inc., and ZTE Solutions, Inc. The ‘555 patent relates to a wireless
communications privacy method and system and the ‘689 patent relates to a clock generator capable of shut-down
mode and clock generation method. Norman is an entity that seeks to license an acquired patent portfolio without
itself practicing any of the claims recited therein.
We intend to vigorously defend this case. In the event that a court ultimately determines that we infringe any of the
asserted patents, we may be subject to substantial damages, which may include treble damages, and/or an injunction
that could require us to materially modify certain features that we currently offer to consumers. We cannot predict
with any degree of certainty the outcome of the suit or determine the extent of any potential liability or damages.
NorthPoint Technology, Ltd.
On July 2, 2009, NorthPoint Technology, Ltd. (“Northpoint”) filed suit against us, EchoStar and DirecTV in the
United States District Court for the Western District of Texas alleging infringement of United States Patent No.
6,208,636 (the “‘636 patent”). The ‘636 patent relates to the use of multiple low-noise block converter feedhorns, or
LNBFs, which are antennas used for satellite reception. On April 21, 2011, the U.S. Patent and Trademark Office
issued an order granting reexamination of the ‘636 patent. On June 21, 2011, the District Court entered summary
judgment in our favor, finding that all asserted claims of the ‘636 patent are invalid. Northpoint has appealed.
We intend to vigorously defend this case. In the event that a court ultimately determines that we infringe the
asserted patent, we may be subject to substantial damages, which may include treble damages, and/or an injunction
that could require us to materially modify certain features that we currently offer to consumers. We cannot predict
with any degree of certainty the outcome of the suit or determine the extent of any potential liability or damages.