HNB wins $214.9 million judgment against California-based distributor of satellite receivers.

Apr 20, 2011 Hagan, Noll & Boyle News

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. attorney's 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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For a copy of the judgment click here