Fox Broadcasting Co. v. Dish Network LLC

ORDER RE: PLAINTIFF FOX BROADCASTING COMPANY’S MOTION FOR PARTIAL SUMMARY JUDGMENT AND DEFENDANT DISH NETWORK LLC’S MOTION FOR SUMMARY JUDGMENT [372, 383] [UNDER SEAL]

This matter is before the Court on the parties’ motions for summary judgment. The parties appeared for a hearing on their motions on October 17, 2014. The Court has duly considered the parties’ written submissions presented in support of and in opposition to the motions, as well as oral argument. For the reasons discussed below, Plaintiffs’ motion for partial summary judgment is GRANTED in part and DENIED in part and Defendants’ motion for summary judgment is GRANTED in part and DENIED in part.

I.

PROCEDURAL BACKGROUND

On May 24, 2012, Plaintiffs Fox Broadcasting Company, Inc., Twentieth Century Fox Film Corp., and Fox Television Holdings, Inc. (“Fox”) filed a Complaint against Defendants DISH Network LLC, DISH Network Corporation, and EchoStar Technologies LLC (“DISH”) alleging copyright infringement and breach of contract. [Doc. # 1.] Specifically, Fox alleged that DISH’s PrimeTime Anytime (“PTAT”) service and the AutoHop Sling Adapter feature copied and streamed Fox’s programming over the Internet in…