EchoStar Satellite, L.L.C. v. Viewtech, Inc.
Opinion
Opinion
Whelan, J.
ORDER GRANTING IN-PART AND DENYING IN-PART MOTION TO DISMISS [DOC. NO. 15]
Plaintiffs EchoStar Satellite, L.L.C., EchoStar Technologies Corporation and Nagrastar, L.L.C. (collectively, “EchoS-tar”) commenced this action against Defendants Viewtech, Inc., and Jung Kwak (collectively, “Viewtech”), alleging that Vi-ewtech unlawfully designed, developed, and distributed devices and other technology intended to facilitate the illegal and unauthorized reception and decryption of EchoStar’s subscription and pay-per-view television programming. Viewtech filed this motion to dismiss EchoStar’s complaint on the grounds that it fails to state a claim upon which relief can be granted. Fed.R.Civ.P. 12(b)(6).
The Court decides the matter on the papers submitted and without oral argument. See Civil Local Rule 7.1(d.l). For the reasons stated below, the Court GRANTS IN-PART and DENIES IN-PART the motion.
I. Background
The facts as EchoStar alleges are as follows. EchoStar provides a variety of video, audio, and data services to consumers throughout the United States via a Direct Broadcast Satellite system. (Compl., ¶ 2.) EchoStar operates this broadcast system under the trade name “DISH…