Judge Grants EchoStar's Post Trial Motions in IPPV Case by Invalidating One Patent, Reducing Damages.Business/High-Tech Editors, Legal Writers LITTLETON, Colo.--(BUSINESS WIRE)--April 2, 2002 EchoStar Communications Corporation EchoStar Communications Corporation (NASDAQ: DISH) is the parent company of DISH Network and the maintainer of the satellite fleet that provides the signal that DISH Network markets. (Nasdaq:DISH) announced today that Judge Roderick McKelvie of the United States District Court for the District of Delaware The United States District Court for the District of Delaware is the Federal district court having jurisdiction over the entire state of Delaware. The Court sits in Wilmington. Currently, three judges and two magistrate judges preside over the court. issued rulings recently on post trial motions in the patent infringement case by Reno, Nevada-based IPPV IPPV intermittent positive-pressure ventilation. IPPV Intermittent positive pressure ventilation. See PEEP. Enterprises LLC (Logical Link Control) See "LANs" under data link protocol. LLC - Logical Link Control . The patent suit pertains to various pay per view, ratings locks, and encryption satellite television features. Judge McKelvie's post trial rulings invalidated the only non-expired IPPV patent which had been found to be infringed. In addition, Judge McKelvie vacated the jury's award of $15 million in damages, requiring IPPV to accept either reduced damages of $7.3 million or a new trial on the damages. The court noted that IPPV had "used `creative' mathematics to create the illusion" of larger damages. IPPV's motions for an injunction, treble damages and attorney fees were also denied by Judge McKelvie. [pilcrow (paragraph sign)] "We are extremely pleased with Judge McKelvie's decisions," said David Moskowitz, senior vice president and general counsel of EchoStar. "IPPV initially sued EchoStar over five patents in 1999. With respect to the most important patent, for which IPPV sought approximately $80 million in damages, Judge McKelvie granted EchoStar's motion for summary judgment motion for summary judgment n. a written request for a judgment in the moving party's favor before a lawsuit goes to trial and based on recorded (testimony outside court) affidavits (or declarations under penalty of perjury), depositions, admissions of fact, answers of non-infringement on the eve On the Eve (Накануне in Russian) is the third novel by famous Russian writer Ivan Turgenev, best known for his short stories and the novel Fathers and Sons. of trial. Now the court has invalidated the second most important patent, the only remaining patent which has not expired." A third patent was dropped by IPPV shortly after EchoStar asserted allegations of inequitable conduct. According to Moskowitz, "EchoStar plans to file an appeal with respect to the reduced award." About EchoStar EchoStar Communications Corporation and its DISH Network satellite TV system provide over 500 channels of digital video and CD-quality audio programming as well as advanced satellite TV receiver hardware and installation nationwide. EchoStar is included in the Nasdaq-100 Index (NDX NDX Index NDX Index (File Name Extension) NDX Northern Document Exchange NDX Index File ). DISH Network currently serves over 7 million customers. For more information, visit www.dishnetwork.com. |
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