Assignment history

Inventors

• R. Drew Major: At the time of the invention, Major was associated with Move Networks, Inc. He is a notable figure in the networking industry, co-founding Novell and serving as its chief scientist.
• Mark B. Hurst: At the time of the invention, Hurst was also associated with Move Networks, Inc.

The initial assignment of the invention was from the inventors to Move Networks, Inc., not to EchoStar/DISH, who filed the application. This indicates that EchoStar likely acquired the technology and the in-process application from Move Networks.

Original assignee

The assignee named on the face of the issued patent is EchoStar Technologies LLC.

EchoStar, and its parent/sister company DISH Network, is a major operator in the satellite television, and later, internet streaming (via its Sling TV brand) markets. The company clearly ships products that embody the patent's claims for adaptive-rate video streaming. Move Networks, Inc., the company that originally employed the inventors and developed the technology, was an early pioneer in adaptive streaming but ultimately sold its intellectual property assets to EchoStar in 2010 after facing financial difficulties.

Assignment timeline

• 2006-07-26 (executed) / recorded 2006-07-28 — Reel 017997/0612

  • Conveyance: Assignment of Assignors Interest
  • Assignor: R. Drew Major, Mark B. Hurst
  • Assignee: Move Networks, Inc.
  • Correspondent: David R. Wright, WORKMAN NYDEGGER, Salt Lake City, UT
  • Context: The inventors formally assign their invention rights to their employer, Move Networks, Inc.

• 2010-05-12 (executed) / recorded 2010-05-13 — Reel 024467/0348

  • Conveyance: Security Agreement
  • Assignor: Move Networks, Inc.
  • Assignee: Silicon Valley Bank
  • Correspondent: Move Networks, Inc., American Fork, UT
  • Context: The patent is pledged as collateral for a loan, a standard business practice.

• 2010-12-30 (executed) / recorded 2010-12-31 — Reel 025816/0925

  • Conveyance: Release by Secured Party
  • Assignor: Silicon Valley Bank
  • Assignee: Move Networks, Inc.
  • Correspondent: Michael R. Friscia, MCCARTER & ENGLISH, LLP, Newark, NJ
  • Context: Silicon Valley Bank releases its security interest in the patent, clearing the title for transfer.

• 2010-12-30 (executed) / recorded 2010-12-31 — Reel 025816/0928

  • Conveyance: Assignment of Assignors Interest
  • Assignor: Move Networks, Inc.
  • Assignee: EchoStar Advanced Technologies L.L.C.
  • Correspondent: Michael R. Friscia, MCCARTER & ENGLISH, LLP, Newark, NJ. This correspondent is the same as the prior entry, indicating they handled the complete transaction.
  • Context: Move Networks sells its patent portfolio to EchoStar, a key customer, following financial distress.

• 2013-02-28 (executed) / recorded 2013-02-28 — Reel 029969/0631

  • Conveyance: Change of Name
  • Assignor: EchoStar Advanced Technologies L.L.C.
  • Assignee: DISH Digital L.L.C.
  • Correspondent: John F. Jeter, DISH NETWORK L.L.C., Englewood, CO
  • Context: An internal corporate reorganization and name change within the DISH/EchoStar family of companies.

• 2014-08-01 (executed) / recorded 2014-08-04 — Reel 033621/0456

  • Conveyance: Assignment of Assignors Interest
  • Assignor: DISH Digital L.L.C.
  • Assignee: EchoStar Technologies L.L.C.
  • Correspondent: John F. Jeter, DISH NETWORK L.L.C., Englewood, CO. This is a recurring correspondent for DISH's internal transfers.
  • Context: Another internal reorganization, transferring the patent to a different entity within the corporate structure.

• 2018-06-18 (executed) / recorded 2018-06-18 — Reel 044799/0474

  • Conveyance: Change of Name
  • Assignor: EchoStar Technologies L.L.C.
  • Assignee: DISH Technologies L.L.C.
  • Correspondent: John F. Jeter, DISH NETWORK L.L.C., Englewood, CO. This is a recurring correspondent for DISH's internal transfers.
  • Context: A further internal name change as part of corporate branding and restructuring.

• 2018-08-08 (executed) / recorded 2018-08-08 — Reel 045155/0653

  • Conveyance: Conversion
  • Assignor: EchoStar Technologies L.L.C.
  • Assignee: DISH Technologies L.L.C.
  • Correspondent: John F. Jeter, DISH NETWORK L.L.C., Englewood, CO. This is a recurring correspondent for DISH's internal transfers.
  • Context: A legal corporate structure change (conversion), solidifying the assignee name.

• 2021-03-31 (executed) / recorded 2021-04-05 — Reel 055819/0858

  • Conveyance: Assignment of Assignors Interest
  • Assignor: R. Drew Major, Mark B. Hurst
  • Assignee: DISH Technologies LLC
  • Correspondent: Timothy A. Cook, DISH NETWORK LLC, Englewood, CO
  • Context: A confirmatory, "belt-and-suspenders" assignment to clean up the chain of title and explicitly confirm the inventors' rights now reside with DISH, likely in preparation for litigation.

• 2021-11-23 (executed) / recorded 2021-11-30 — Reel 057474/0113

  • Conveyance: Security Interest
  • Assignor: DISH Technologies L.L.C. (and others)
  • Assignee: U.S. Bank, National Association, as Collateral Agent
  • Correspondent: Anthony M Vernace, SIMPSON THACHER & BARTLETT LLP, New York, NY
  • Context: The patent, along with other assets, is used to securitize a loan or other financing vehicle.

Timeline diagram

timeline
    title Ownership of US 8868772B2
    2005 : Application filed by EchoStar
    2006 : Inventors assign to Move Networks
    2010 : Move Networks assigns to EchoStar
    2013 : Internal reorg to DISH Digital
    2014 : Granted to EchoStar Technologies
         : Internal reorg back to EchoStar
    2018 : Internal name change to DISH Tech
    2021 : Confirmatory assignment from inventors
         : Pledged as security to U.S. Bank
    2023 : First infringement suits filed

NPE / troll-pattern signals

1. Shell-entity transfer: Not present. The key transfer is from one operating company (Move Networks) to another (EchoStar/DISH). Subsequent transfers are internal reorganizations between operating entities within the DISH corporate family.

2. Known asserter in the chain: Not present. While DISH is a frequent patent plaintiff, it is an operating company asserting patents related to its business against competitors, not a non-practicing entity (NPE). No listed NPE appears in the chain.

3. Repeat correspondent across the chain: Not present (in the NPE sense). John F. Jeter of DISH NETWORK L.L.C. appears on four recordings (Reels 029969/0631, 033621/0456, 044799/0474, 045155/0653), but he is in-house counsel handling standard corporate reorganizations, which is not an NPE signal.

4. Cascading transfers: Not present. The multiple transfers between 2013 and 2018 were internal corporate housekeeping actions within the same parent company, not a chain of transfers between distinct LLCs.

5. Pre-litigation transfer: Present. A confirmatory assignment was recorded on 2021-04-05 (Reel 055819/0858) to perfect the chain of title. The large-scale litigation campaign began in August 2023, well after this cleanup. This is a common and prudent step for any company preparing to assert its patents.

6. Bankruptcy fire-sale: Present. The assignment from Move Networks, Inc. to EchoStar on 2010-12-31 (Reel 025816/0928) was part of an acquisition of Move's intellectual property assets after that company, an early ABR streaming pioneer, became financially insolvent.

7. Privateering: Not present. DISH, an operating company, is asserting the patent on its own behalf.

8. Defensive aggregator (anti-NPE): Not present. The chain of title does not involve any known defensive aggregators.

Verdict

Operating-company assertion

The ownership chain clearly shows the patent was developed by an early startup (Move Networks), acquired by a large operating company in the same field (EchoStar/DISH), and is now being asserted by that operating company against its direct competitors in the streaming media market. The pre-litigation title cleanup (Reel 055819/0858) and the origin of the patent from a "fire-sale" of a failed innovator's assets (Reel 025816/0928) are typical of a well-planned corporate patent assertion strategy, not an NPE campaign.

The full assignment history can be viewed at the USPTO Patent Assignment Search center.