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 Timothy Frank, Associate

Mr. Frank is an associate with Hagan Noll & Boyle LLC where he focuses his practice on intellectual property litigation, with emphasis in satellite television piracy. He has also represented clients in complex commercial litigation, including matters involving fraud, business torts, and breach of contract.

Representative Recent Experience

• Obtained $51 million summary judgment award in case involving online trafficking of infringing software. The court's decision was significant in two respects, holding first that the Communications Act prohibits distribution of piracy-enabling software and, second, that damages are to be awarded under the Digital Millennium Copyright Act based on the number of times the software was downloaded by end users. (DISH Network L.L.C. v. Ward, Case No. 08-cv-00590 (M.D. Fla.))
• Secured ex parte temporary restraining order and order for seizure and impoundment against business importing and distributing devices used for circumventing conditional access security system protecting copyrighted satellite television programming, and assisted United States Marshals in executing seizure. (DISH Network L.L.C. v. Sonysat LLC, Case No. 10-cv-01337 (D.N.J.))
• Obtained $1 million judgment in fraud and civil theft arbitration against principals of satellite television retailer, and successfully defended motion to vacate the award. (DISH Network L.L.C. v. Christianson, Case No. 08-cv-01462 (D. Colo.))
• Assisted in representation of satellite television provider in cases against major distributors of unauthorized receiving devices, which were favorably resolved with judgments in excess of $100 million and permanent injunctions. (EchoStar Satellite L.L.C. v. Panarex, Inc., Case No. 07-cv-05897 (C.D. Cal.); EchoStar Satellite L.L.C. v. Freetech, Inc., Case No. 07-cv-06124 (N.D. Cal.))

Education

J.D. - University of Houston Law Center, 2005, Cum Laude
B.S. - University of Pittsburgh, 2001, Magna Cum Laude

During law school, Mr. Frank was an articles editor for the Houston Journal of International Law and a member of the Order of the Barons.

State Bar Admissions

State Bar of Texas
State Bar of California

Court Admissions

United States District Court, District of Colorado
United States District Court, Southern District of Texas
United States District Court, Eastern District of Texas
United States District Court, Western District of Texas
United States District Court, Northern District of Texas