ClearPlay v. Dish Network (D.Utah 2023)
Earlier in March 2023, a Utah jury sided with the patentee ClearPlay – find that Dish Network infringed two “clean movie” patents used to to skip the naughty bits of a video program. US7577970 (Claims 28 and 33); and US6898799 (Claim 12). The jury went on to award a “reasonable royalty” of $469 million.
Hold that pause button. This week, Judge Nutter rejected the jury verdict and instead granted the defendant’s motion for Judgment as a Matter of Law. Nutter concluded that the patentee had not shown either literal infringement or infringement by equivalents. The court ordered DISH to prepare a draft order for his signature that adopts the rational from its briefing.
The draft order will contain support, citations, and consistent rationale from its briefing; transcript references from DISHs appendix (which should be used extensively in the draft order); and references to contrary positions taken by ClearPlay to illustrate the conflicts that this ruling resolves.
Minute Entry of March 21. The case has been pending since 2014.