DISH Technologies, LLC et al. v. A Parent Media Co. Inc. et al.

This patent infringement lawsuit represented a clash between established and emerging players in the competitive video streaming market. The plaintiffs were DISH Technologies, LLC, the intellectual property arm of satellite and streaming provider DISH Network (now part of EchoStar), and its subsidiary Sling TV, LLC, a pioneer in the over-the-top (OTT) live television streaming space. As major operating companies, DISH and Sling were leveraging a broad patent portfolio against competitors. The defendants were Canadian-based A Parent Media Co. Inc. and its U.S. subsidiary, the operators of Kidoodle.TV, a video-on-demand streaming service focused on providing safe and age-appropriate content for children. The lawsuit alleged that the Kidoodle.TV service, which streams content to thousands of different connected devices, infringed on the plaintiffs' patented technology.

The case was filed in the U.S. District Court for the District of Delaware, a preferred venue for patent litigation due to its experienced judiciary and the high number of U.S. companies incorporated there, which simplifies venue requirements following the Supreme Court's TC Heartland decision. The single patent-in-suit, U.S. Patent No. 11,470,138, generally relates to adaptive bitrate streaming technology, which adjusts the quality of a video stream in real-time based on the user's network conditions. The litigation is notable as part of a broader assertion campaign by DISH, which has filed numerous similar lawsuits against a wide range of streaming services—from direct competitors like fuboTV to fitness platforms like iFIT—using a portfolio of patents originally developed by MOVE Networks, which DISH acquired. This pattern highlights a significant industry trend where incumbent media distributors use patent litigation as a strategic tool against newer, often more specialized, OTT streaming companies.

Legal Analysis of DISH Technologies v. A Parent Media Co.

The patent infringement litigation between DISH/Sling and A Parent Media Co. was a short-lived case that ended in a voluntary dismissal, indicative of a private settlement between the parties. The case was part of a broader litigation campaign by DISH asserting its streaming technology patents against multiple companies.

Key Legal Developments and Outcome

• 2023-09-08: Complaint Filed
  DISH Technologies, LLC and Sling TV, LLC filed a patent infringement lawsuit against A Parent Media Co. Inc. and A Parent Media Co. USA, Inc. in the U.S. District Court for the District of Delaware. The lawsuit alleged that A Parent Media Co.'s "Kidoodle.TV" streaming service infringed on eight U.S. patents related to adaptive bitrate streaming technology. This technology adjusts video quality based on a user's internet connection and speed. The asserted patents included U.S. Patent No. 11,470,138. This action was one of several similar lawsuits DISH filed against various streaming service providers in the same timeframe.

• Initial Pleadings and Scheduling
  The case was assigned to Judge Gregory B. Williams. Following the complaint, the parties filed a series of joint stipulations to extend the time for the defendants to answer or otherwise respond to the complaint. These extensions pushed the response deadline several times, ultimately to April 26, 2024. This series of extensions suggests the parties were engaged in out-of-court discussions from an early stage. No answer or substantive pre-trial motions, such as a motion to dismiss, appear on the docket.

• 2024-04-26: Notice of Voluntary Dismissal
  Before the deadline for A Parent Media Co.'s response to the complaint, the plaintiffs, DISH and Sling TV, filed a Notice of Voluntary Dismissal without prejudice under Federal Rule of Civil Procedure 41(a)(1)(A). A dismissal "without prejudice" means that DISH could potentially re-file the lawsuit in the future if terms of the underlying agreement are breached.

• 2024-04-29: Case Terminated
  The court entered an order formally terminating the case based on the plaintiffs' notice of dismissal.

• Outcome: Settlement
  The voluntary dismissal was the result of a settlement between the parties. While the public court records do not disclose the terms, a source familiar with the matter reported that A Parent Media Co. agreed to pay DISH a royalty in exchange for licensing the adaptive bitrate technology. This resolution allowed the case to be dismissed before any significant litigation events, such as claim construction or discovery, took place.

Parallel PTAB Proceedings

There is no public record of A Parent Media Co. filing an Inter Partes Review (IPR) petition at the Patent Trial and Appeal Board (PTAB) to challenge the validity of the specific patent asserted in this case, U.S. Patent No. 11,470,138.

However, it is noteworthy that other defendants in DISH's broader litigation campaign have challenged related patents. For instance, in a separate proceeding (IPR2024-00044), a petition was filed by Aylo Freesites Ltd. challenging the '138 patent. Other companies, such as fuboTV and MasterClass, also initiated IPR proceedings against other patents asserted by DISH in their respective lawsuits. The potential for such challenges may have factored into the settlement strategy for both DISH and A Parent Media Co.

Plaintiffs' Counsel of Record

Based on appearances in parallel litigation filed by DISH and Sling TV in the same time frame and court, the likely counsel for the plaintiffs are from Covington & Burling LLP and Stamoulis & Weinblatt LLC.

Covington & Burling LLP (Lead Counsel)

• Brian R. Nester, Partner
  • Firm & Office: Covington & Burling LLP, Washington, D.C.
  • Noteable Experience: Nester is a first-chair trial litigator with over 25 years of experience, specializing in patent and trade secret cases before the U.S. International Trade Commission (ITC) and district courts. He has represented major technology clients including Microsoft, Samsung, SK hynix, and Seagate in complex patent disputes.

Stamoulis & Weinblatt LLC (Local Counsel)

• Stamatios "Sam" Stamoulis, Partner

  • Firm & Office: Stamoulis & Weinblatt LLC, Wilmington, Delaware.
  • Noteable Experience: With over 20 years in IP and complex commercial litigation, he has extensive experience in Delaware patent cases, having previously practiced at Fish & Richardson and O'Melveny & Myers. He is frequently recognized as a leading patent litigator in Delaware.

• Richard C. Weinblatt, Partner

  • Firm & Office: Stamoulis & Weinblatt LLC, Wilmington, Delaware.
  • Noteable Experience: A registered patent attorney for over two decades, Weinblatt focuses on patent litigation and appellate work, with a background that includes practice at Fish & Richardson. He successfully argued for the reversal of a § 101 dismissal at the Federal Circuit in Visual Memory, LLC v. NVIDIA Corp.

Counsel for Defendants A Parent Media Co. Inc. and A Parent Media Co. USA, Inc.

Defendants A Parent Media Co. Inc. and A Parent Media Co. USA, Inc. were represented by attorneys from the intellectual property boutique firm Gish PLLC, who served as lead counsel, and the Delaware-based firm Potter Anderson & Corroon LLP, who served as local counsel.

Lead Counsel

• Name: Andrew Gish

• Role: Lead Counsel

• Firm: Gish PLLC (New York, NY)

• Note on Experience: Gish's practice is focused on technically complex patent and trade secret litigation, leveraging his background in electrical engineering in cases involving technologies like wireless data transmission, networking security, and internet transactions. He has previously represented major clients such as JPMorgan Chase & Co. and Google in patent matters before various district courts, including the District of Delaware.

• Name: Ryan K. Iwahashi

• Role: Lead Counsel

• Firm: Gish PLLC (Bay Area, CA)

• Note on Experience: A former Federal Circuit clerk with a master's degree in computer science, Iwahashi concentrates on high-tech IP disputes involving software, streaming media, and cellular standards for clients like Cisco, Dell, and AT&T. His past representations include defending Peloton against DISH Networks in an International Trade Commission case involving streaming media technology.

Local Counsel

• Name: David E. Moore

• Role: Local Counsel

• Firm: Potter Anderson & Corroon LLP (Wilmington, DE)

• Note on Experience: A veteran partner at one of Delaware's most prominent firms, Moore specializes in patent and other complex commercial litigation, frequently serving as Delaware counsel for national and international companies. He is recognized by Chambers USA for his substantial experience in patent infringement cases and has represented clients like Apple in the District of Delaware.

• Name: Andrew L. Brown

• Role: Local Counsel

• Firm: Potter Anderson & Corroon LLP (Wilmington, DE)

• Note on Experience: Brown is listed as a litigation associate at the firm. Detailed information on his specific patent litigation experience is not publicly available on the firm's website.