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dish network corp-a (DISH) Key Developments

DISH Network Wins Ruling to Allow Viewing on Mobile Devices Without Network Compensation

DISH Network has won a ruling that allows Dish subscribers to watch programs on mobile devices through Dish Anywhere without providing compensation to broadcasters. The lawsuit was filed by Fox Broadcasting, which claimed that networks should be compensated when programs are viewed through anything other than the set-top box. Fox argued that Dish Anywhere was the same as Aereo. Last June, the U.S. Supreme Court ruled that Aereo illegally used antennas to rebroadcast live shows, allowing them to be views by Aereo subscribers without compensation to the networks. But in regard to Dish, the federal judge said that since subscribers already paid for Dish service, viewing a program through something other than the set-top box does not imply copyright infringement towards the broadcasters. CBS (CBS) and Comcast's (CMCSA) NBC Universal unit also filed similar lawsuits against Dish.

IFT Fines Telmex and Dish for Failing to Officially Announce a Commercial Agreement They Struck

Mexico's telecom regulator IFT has already fined Telmex and Dish for failing to officially announce a commercial agreement they struck, but the tie-up might now need reexamining under new telecom laws. The Telmex-Dish deal was reached in 2008. The investigation into the validity of the agreement was launched by the now-defunct antitrust commission Cofeco, and inherited by IFT in October 2013. Constitutional reforms to the telecom sector approved in 2013, however, reshaped competition laws, potentially making the Telmex-Dish tie-up illegal under the new rules. Telmex was declared a preponderant player in the telecom market, and was subject to several limitations including preventing Telmex from offering pay TV services. IFT could conclude, then, that Telmex's business deal with Dish could go against this law. The Telmex-Dish deal had already been put into question in July, but Dish shrugged them off by assuring that its business with Telmex was limited to printing a bill for shared services. Telmex has more than the reform against its quest to offer pay TV services, something it has been actively pursuing for years. The company is prevented from entering the pay TV market because of a clause in its concession contract despite IFT saying that it might be allowed to enter the market as early as 2015. Both Telmex and Dish have disputed the IFT-imposed fines, with Telmex saying it would fight it using 'all available legal avenues'. IFT imposed a MXN 43 million (USD 2.93 million) fine on Dish and a MXN 14.3 million fine on Telmex.

T-Mobile Could Attract Buyers Again

T-Mobile US, Inc. (NYSE:TMUS) remains an attractive asset for other potential suitors, according to Deutsche Telekom AG (DB:DTE). Companies that could seek to control of T-Mobile US include Comcast Corporation (NasdaqGS:CMCS.A), America Movil S.A.B. de C.V. (BMV:AMX L) and Dish Network Corp. (NasdaqGS:DISH), Deutsche Telekom Chief Executive Officer Timotheus Hoettges said. Representatives for Dish, T-Mobile and Comcast declined to comment. A press official for America movil didn’t respond to a request for comment.

DISH Settles 7-Year-Old Patent Infringement Lawsuit

DISH settled a long-running patent infringement lawsuit over interactive voice response technology, but two more such lawsuits came in during the third quarter. DISH Network Corp. has settled a 7-year-old patent infringement lawsuit, according to a Form 10-Q filed November 4, 2014. Ronald A. Katz Technology Development and Licensing LLC sued DISH in 2007 for allegedly infringing on 19 patents related to interactive voice response technology. The case, which was filed before the U.S. District Court for the Northern District of California, was transferred and consolidated for pretrial purposes before the U.S. District Court for the Central District of California. DISH said only four patents are in contention, of which all are expired and two are due for re-examination proceedings before the U.S. Patent and Trademark Office. On Oct. 8, DISH entered into a settlement agreement with Katz. Terms were not disclosed. DISH also is fighting two new patent infringement lawsuits that came in during the third quarter. On Oct. 17, Phoenix Licensing LLC and LPL Licensing LLC sued DISH in a federal court in Texas for allegedly infringing patents generally related to marketing and sales functions. DISH said the lawsuit claims infringement because the satellite TV operator generates customized marketing materials. On Sept. 26, Qurio Holdings Inc. sued DISH in federal court in Illinois for allegedly infringing patents related to network technologies. DISH said Qurio also sued Comcast Corp. and DIRECTV about the same alleged infringements.

DISH Network Corporation Reports Earnings Results for the Third Quarter and Nine Months Ended September 30, 2014

DISH Network Corporation reported earnings results for the third quarter and nine months ended September 30, 2014. For the quarter, the company reported revenue of $3.68 billion compared to $3.51 billion a year ago. Net income attributable to the company was $146 million compared to $315 million a year ago. Diluted earnings per share were $0.31 compared with $0.68 a year ago. For the nine months, the company reported revenue of $10.96 billion increased 5.7%, compared to $10.37 billion a year ago. Net income attributable to the company totaled $535 million compared with $519 million a year ago. Diluted earnings per share were $1.16 compared with $1.13 a year ago.


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