Jury Awards ClearPlay $469,074,468 for Dish’s Patent Infringement

March 15, 2023

Dr. Ryan Sullivan provided trial testimony on behalf of ClearPlay in patent litigation involving Dish’s AutoHop commercial-skipping feature. The jury awarded damages of $469,074,468, the exact amount testified to by Dr. Sullivan.

Secretariat worked with Beus Gilbert McGroder, Ray Quinney & Nebeker, and Foley & Lardner on behalf of ClearPlay, Inc. The patents at issue involve technology developed by ClearPlay, a media and communications company that offers parental control solutions that allow users to filter out objectionable content in movies and TV shows. ClearPlay accused DISH Network LLC of infringing its patented technology by providing AutoHop, a feature that provides customers the ability to skip commercials for certain prime-time shows.

During its work, Secretariat evaluated the economic benefits of the patented technology to DISH, including additional subscribers, reduced churn rates, and a price premium for set-top boxes that offer AutoHop. Secretariat determined a reasonable royalty that reflects the extent of DISH’s use of the patented technology.

Dr. Ryan Sullivan submitted a report and provided expert testimony at deposition and trial. Dr. Sullivan’s work was supported by Dr. Aminta Raffalovich and Kristyn Berretta.

After a ten-day trial in Salt Lake City, the jury returned a verdict in favor of ClearPlay with a damages award in the exact amount of the reasonable royalty testified to by Dr. Sullivan. The jury awarded $469,074,468 for infringement of U.S. Patent Nos. 7,577,970 and 6,898,799.

Reuter’s coverage of the verdict can be found here and Law 360 (subscription may be required) coverage can be found here.

*Work performed by individuals while employed by Intensity, LLC. Intensity was acquired by Secretariat in February 2023.

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