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CA Fed Court Enters Judgment against Johnny Tran, Rene Valdez, Awards Over $5.3 Mil

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  • CA Fed Court Enters Judgment against Johnny Tran, Rene Valdez, Awards Over $5.3 Mil

    Originally posted on 2013-10-02

    California Federal Court Enters Final Judgment against Johnny Tran, Rene Valdez and their Respective Distributor Companies, Awards Over $5.3 Million in Damages, Issues Permanent Injunction and Impoundment Order

    On September 27, 2013 Judge David O. Carter from the United States District Court for the Central District of California grantedDISH Network and NagraStar’s Motion for Judgment against Defendants Johnny Tran, Rene Valdez, Satellite Dish Expert, Inc., New Era Electronics Corp., Swyft Products, LLC, and FTA Republic. DISH and NagraStar filed suit against these Defendants in July 2012 alleging violations of the Digital Millennium Copyright Act (“DMCA”) and Federal Communications Act (“FCA”) in connection with their distribution of various satellite receivers and other electronic components associated with those receivers. The Court’s Order found those devices and the Defendants conduct violated both the DMCA and FCA and awarded over $5.3 million in statutory damages against the Defendants as follows: $3,873,200 in damages assessed against New Era Electronics, Corp.; $1,259,200 in damages against Satellite Dish Expert, Inc.; $128,800 in damages against Swyft Products, LLC; $5,261,200 in damages against Johnny Tran; and $57,000 in damages against Rene Valdez d/b/a FTA Republic. The Court also entered a permanent injunction against all Defendants prohibiting them, under penalty of contempt, from future violations. Finally, the Court ordered all Defendants to turn over remaining inventory in the infringing products to Plaintiffs for impoundment pursuant to the DMCA. DISH Network and NagraStar will aggressively pursue enforcement and collection efforts against Defendants and continue to investigate and take all appropriate legal action against those responsible for trying to circumvent the companies’ security system in order to gain unauthorized access to DISH Network programming.

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