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HNB secures $27 Million Dollar Judgment for its Clients Against Korean-Based Receiver Manufacturer Vicxon Corporation and Its CEO Soo Jong Yeo.
On July 26, 2013 the United States District Court for the Southern District of California granted HNB’s Motion for Summary Judgment on behalf of DISH Network, NagraStar and EchoStar Technologies’ (collectively “DISH Network”) against Vicxon Corporation and its CEO Soo Jong Yeo. Vicxon Corp. is a Korean-based satellite receiver and dongle manufacturer that shipped various products into the United States for domestic distribution. DISH Network filed suit against Vixcon Corp. and Yeo on January 3, 2012. After prevailing on various motions to dismiss filed by Defendants, HNB moved for summary judgment on behalf of DISH Network on their DMCA claims. The Court found the receivers and dongles manufactured by Vicxon to violate the DMCA insofar as they included various hardware and software components designed primarily to facilitate circumvention. The Court granted HNB’s motion, entered final judgment in our clients’ favor, awarded$27,758,200.00 in statutory damages and issued a permanent injunction against future violations. The Court further ordered Defendants to destroy all remaining product inventory and held that Vixcon’s CEO was also individually liable for the judgment amount.
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HNB obtains $12 Million judgment, permanent injunction and website impoundment order on behalf of EchoStar Technologies LLC
On October 15, 2012 the United States District Court for the Southern District of California entered judgment in HNB’s clients’ favor in their case against Angel Solis and the myfreeneeds.com website. Solis and others were sued in January of 2012 for their operation of the myfreeneeds.com website, and the site’s distribution of piracy-related software files. The Court previously entered a temporary restraining order and preliminary injunction compelling the website to be taken offline. In addition to the permanent injunction entered by the Court in the October 15th Order, the judge also awarded HNB’s clients statutory damages in the amount of $12 million under their Federal Communications Act claim. The Court further ordered GoDaddy to transfer the website domains at issue in the case to HNB’s client, and ordered Defendants to turn over for impoundment all software files, business records, inventory computer hard drives and servers related to the operation of the myfreeneeds domains to HNB for impoundment.
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HNB Secures $115,000 judgment, permanent injunction and a website impoundment Order on behalf of DISH Network
On November 21, 2012 the United States District Court for the Central District of California granted HNB’s motion for final judgment against Iram Jordy Bolanos, Eric Moreno Bolanos, Yolanda Bolanos and Joel Alvarado Lizama, individually and dba www.nexiks.com and www.nexiks.net. Defendants were sued by HNB on behalf of DISH Network and other clients for federal claims arising out of their operation of the NexIKS websites. The Court’s order includes a permanent injunction against all Defendants as well as an award of $115,000 in statutory damages ($1,000 per violation) under the Digital Millennium Copyright Act, an additional $5,900 in fees/costs, and directing Verisign and GoDaddy to force the impoundment of the nexiks websites and transfer them to HNB’s clients. The Court further ordered Defendants’ computers, servers and business records impounded and turned over to HNB for analysis.
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HNB obtains judgment of non-dischargeability of $14.4 Million judgment from California bankruptcy Court.
On September 17, 2012 the United States Bankruptcy Court for the Southern District of California ruled in favor of HNB’s clients in their long-running battle against Prosonicview owner Christopher Whitcomb. HNB filed suit against Whitcomb and his Prosonicview business in February 2011 on behalf of DISH Network LLC and other clients alleging multiple violations of the Digital Millennium Copyright Act (“DMCA”), Federal Communications Act, and the Electronics Communications Privacy Act (“ECPA”). On July 19, 2011 the District Court entered final judgment against Whitcomb, ordered him to pay HNB’s clients $14.4 million dollars in statutory damages, and issued a permanent injunction against him. In October 2011 the District Court entered an order finding Whitcomb in contempt of the injunction and cautioned him that any further violations would result in his imprisonment. In an effort to avoid the monetary judgment against him, Whitcomb filed bankruptcy under Chapter 7 in January 2012. HNB opposed the discharge of the $14.4 million judgment against Whitcomb and on September 17 the Bankruptcy Court ruled in favor of HNB’s clients, holding the entirety of the judgment non-dischargeable pursuant to sections 523(a)(4) and (a)(6) of Title 11 of the United States Code.
For a copy of the judgment click here
HNB obtains $64.9 Million judgment and permanent injunction against major U.S. distributor of circumvention technologies imported from Korea.
On May 31, 2012 the United States District Court for the Southern District of California issued an Order finding Sonicview receivers, i-Hub dongles and A-1 modules violated the Digital Millennium Copyright Act as well as the Federal Communications Act. The Court’s Order granted motions for summary judgment filed by HNB and denied cross-motions for summary adjudication filed by the Sonicview corporate entity and various individual defendants and officers of the company. The Court found Sonicview and its individual officers jointly and severally liable for statutory damages in the amount of $64.9 Million dollars payable to HNB’s clients, and found Sonicview distributors Duane and Courtney Bernard jointly and severally liable for statutory damages in the amount of $984,800.00, and ruled that the damage award was non-dischargeable in Bernard’s Chapter 7 bankruptcy proceeding. The Court Ordered defendants to destroy all remaining inventory of Sonicview receivers, i-Hubs and A-1 modules, and entered a permanent injunction against all defendants to prevent future violations.
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HNB obtains injunction and impoundment order against Nevada-based distributor of dongles and passcodes used in signal theft.
On May 11, 2012 the United States District Court for the District of Nevada entered an Order directing the impoundment of various receiver dongles and access data being distributed by Digital Warehouse, Inc., Satmonster.com, Coolsatellite.com and its owners/operators. HNB sued the Defendants on behalf of several clients under the DMCA and Communications Act in December 2011. The Court entered a preliminary injunction against the Defendants in March 2012 which was followed by the Impoundment Order.
For a copy of the judgment click here
HNB prevails on summary judgment against California-based website operator and obtains $6 million judgment, permanent injunction and website impoundment order.
On February 11, 2013 the United States District Court for the Central District of California entered an Order granting HNB’s motion for summary judgment against California resident Tan Nguyen. HNB filed suit against Nguyen in March of 2012 on behalf of several clients alleging violations of the DMCA and other federal statutes in connection with Nguyen’s operation of www.ftaforall.us, .info, .net and .biz, and his use of those websites for illegal activities. Previously in the case, the Court entered a Temporary Restraining Order, Preliminary Injunction and Civil Contempt Order against Nguyen. The Court’s February 11th Order granting summary judgment disposes of the case in HNB’s clients’ favor. The Court found that Nguyen violated the DMCA and Federal Communications Act (“FCA”). The Court awarded HNB’s clients $6,376,600.00 in damages, entered a permanent injunction against Nguyen, and Ordered the ftaforall websites turned over for impoundment.
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HNB prevails on summary judgment against a Korean-based electronics manufacturer and obtains $626 million judgment and nationwide permanent injunction.
On November 5, 2010 the United States District Court for the Central District of California granted HNB’s motion for summary judgment against Korean-based electronics manufacturer Global Technologies, Inc. HNB filed suit against Global Tech in May 2009 on behalf of several telecommunications clients and their encryption provider for claims under the anti-trafficking provision of the Digital Millennium Copyright Act. HNB supported its motion for judgment with expert analysis of the firmware and hardware components of certain receivers manufactured by Global Tech and imported into the United States for distribution. In addition to finding in favor of HNB’s clients and awarding $626 million in maximum statutory damages, the Court entered a permanent injunction prohibiting Global Tech from importing the target receivers and any similar future products into the United States. HNB subsequently worked with foreign local counsel on enforcement and ultimately settlement proceedings in Korea.
For a copy of the judgment click here
HNB wins $214.9 million judgment against California-based distributor of satellite receivers.
On April 20, 2011 the Central District of California federal court granted HNB’s motion for summary judgment against West coast Distributor Viewtech, Inc. and its CEO Jung Kwak. HNB filed suit against Viewtech and Kwak in 2007 on behalf of Satellite television provider DISH Network, its receiver manufacturer EchoStar Technologies, and their encryption provider NagraStar. HNB’s clients asserted claims under the Digital Millennium Copyright Act, Federal Communications Act and other federal statutes based on Viewtech’s US distribution of various signal reception devices. Viewtech defended on grounds of legitimate use and asserted a myriad of anti-trust and anti-competition counterclaims against the DISH Network plaintiffs. All of defendants’ counterclaims were defeated in the early stages of the litigation. During the course of discovery in the case, HNB and its clients worked cooperatively with the U.S. attorneys’ office and the Federal Bureau of Investigations in their criminal investigation into Viewtech’s CEO and two Florida targets that HNB sued in separate litigations for different conduct. The government’s investigation concluded with the arrest, indictment and conviction of all 3 targets. The Civil court’s order granting judgment in favor of HNB’s clients awarded nearly $215 million in damages as well as their requested permanent injunction. Viewtech subsequently filed for bankruptcy and went out of business. HNB is continuing to assist the United States Trustee’s Office in prosecuting various adversary complaints out of the Viewtech bankruptcy in an effort to recapture assets for distribution in satisfaction of the judgment.
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HNB wins $51 million judgment and breaks new ground in Florida Federal Court
On January 8, 2010 the Middle District of Florida federal court granted HNB’s motion for final judgment against Robert Ward and awarded HNB’s clients $51 million in damages and injunctive relief. HNB filed suit against Ward in 2008 on behalf of DISH Network LLC and other clients in connection with Ward’s internet distribution of circumvention software that worked with Viewsat receivers to allow purchasers unauthorized access to DISH Network’s subscription-based programming. Through expert analysis and other fact discovery, HNB was able to link Ward to various online aliases including “Veracity” and “TDG” which Ward used to post the files in an effort to avoid detection. In a case of first impression for U.S. Federal Courts, HNB sought statutory damages against Ward not based on the number of files he distributed, but rather on the number of downloads each file received. After several rounds of briefing and argument, the Court sided with HNB’s clients and approved a per-download damage model as well as siding with HNB’s arguments that circumvention “software” falls within the scope of “devices” prohibited under the Federal Communications Act.
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