The trial in the CBS-TV and Fox copyright infringement suit again...
The trial in the CBS-TV and Fox copyright infringement suit against EchoStar over the latter’s carriage of distant network signals is scheduled to open April 7 in U.S. Dist. Court, Miami, EchoStar said in its annual 10-K report filed…
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with the SEC. The trial comes nearly 5 years after the initial suit was filed involving the networks, EchoStar and PrimeTime 24, which provided distant network programming for the satellite service. EchoStar since has reached settlements with ABC (April 2002) and NBC (Nov. 2002). It also settled with PrimeTime 24, which had filed a breach-of- contract suit in Sept. 1998 against the satellite service, seeking $10 million in damages. The suit has bounced between federal district and appeals courts for much of the 5 years. A federal judge granted a preliminary injunction in Sept. 2000, blocking EchoStar from continuing to provide distant network signals, but that ruling was overturned by the 11th U.S. Appeals Court, Atlanta, returned it for further proceedings. Six of the original 8 plaintiffs, including CBS-TV and Fox, entered court-ordered mediation with EchoStar in late Jan. Meanwhile, the company said the EchoStar IX satellite was scheduled for May launch aboard a Boeing sea launch vehicle positioned near the equator. EchoStar IX, which has thirty-two 120-w transponders, will be located at 121 degrees W and will provide Ku-/Ka-band spot beam service. The Space Systems/Loral satellite also has a C-band payload. The bird is expected to be operational 60-90 days after launch, an EchoStar spokesman said. Still in limbo are EchoStar’s plans for VisionStar, which has a license for a Ka-band satellite at 113 degrees W. EchoStar owns 90% of VisionStar and has asked the FCC for an extension after failing to meet to construction and launch milestones. It paid $2.8 million last year to increase its stake in VisionStar to 90%. VisionStar had missed April 30 and May 31, 2001, deadlines for construction and launch of the satellite, respectively, and the FCC previously denied a request for extension.