Free Motion to Dismiss - District Court of Delaware - Delaware

Case 1:08-cv-00327-JJF Document 12 Filed 07/07/2008 Page 1 of 4
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
DISH NETWORK CORPORATION )
(F/K/A ECHOSTAR )
COMIVIUNICATIONS CORPORATION), )
ECHOSTAR DBS CORPORATION, )
ECHOSTAR TECHNOLOGIES LLC )
(F/K/A ECHOSTAR TECHNOLOGIES )
CORPORATION), ECHOSPHERE LLC, )
AND DISH NETWORK LLC (F/IQA )
ECHOSTAR SATELLITE LLC), ) C.A. No. 08-327-ITF
)
Plaintiffs, )
v. )
)
TIVO INC., )
Defendant. )
DEFENDANT TIVO’S
MOTION TO DISMISS DECLARATORY SUIT
Defendant TiVo Inc. ("TiVo") hereby respectfully moves, pursuant to Rule I2(b) of
the Federal Rules of Civil Procedure, that all claims against it in the above action be
dismissed based on the Cou1t’s discretion to decline jurisdiction under 28 U.S.C. § 2201.
The grounds for this motion are fully set forth in the accompanying opening brief
and in the supporting declaration of William D. Bowen. For the Cou1t’s convenience, a
proposed form of order is attached hereto.
{00228087,vI}

Case 1 :08-cv-00327-JJF Document 12 Filed 07/07/2008 Page 2 of 4
ASHBY & GEDDES
/s/ T Many Geyer Lydon
Steven J. Balick (1.D. #2114)
John G. Day (1.D. #2403)
Tiffany Geyer Lydon (1.D. #3950)
500 Delaware Avenue, 8th Floor
P.O. Box 1 150
Wilmington, DE 19899 (19801 for courier)
OfCOunSel_. (302) 654-1888
sbal1cl<@ashby-geddes.com
IRELL & MANELLA LLP `d2ly(@,8Shby-g€dd€S.COm
Morgan Chu tlydon@ashby-geddescom
Christine Byrd
Laura W_ Brill Attorneys for Defendant HV0 [nc.
Alexander C. Giza
William D. Bowen
1800 Avenue ofthe Stars, Suite 900
Los Angeles, CA 90067
(310) 277-1010
Dated: July 7, 2008
{00228087,vl}

Case 1:08-cv-00327-JJF Document 12 Filed 07/07/2008 Page 3 of 4
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
DISH NETWORK CORPORATION )
(F/K/ A ECHOSTAR )
COMIVIUNICATIONS CORPORATION), )
ECHOSTAR DBS CORPORATION, )
ECHOSTAR TECHNOLOGIES LLC )
(F/K/A ECHOSTAR TECHNOLOGIES )
CORPORATION), ECHOSPHERE LLC, )
AND DISH NETWORK LLC (F/IOA )
ECHOSTAR SATELLITE LLC), ) C.A. No. 08-327-JJF
)
Plaintiffs, )
v. )
)
TIVO INC., )
Defendant. )
ORDER
This day of , 2008, the Court has
considered defendant TiVo Inc.'s motion to dismiss in the above action and has concluded
that good grounds exist for the requested relief
This Court has discretion to decline jurisdiction over the present declaratory
judgment claim pursuant to 28 U.S.C. § 2201. It appears to the Court that the exercise of
jurisdiction in this case would be inconsistent with the policies of the Declaratory Judgment
Act in that the present action would interfere with the ability of the United States District
Court for the Eastern District of Texas to enforce its judgment and injunction in the original
proceeding between the two parties. In addition, the statements giving rise to the alleged
dispute in this case concern only matters adjudicated in Texas or that TiVo was placing
before the Texas court for resolution in that proceeding. The Texas court already has
substantial familiarity with the patent and technology at issue here. Finally, other equitable
factors also favor dismissal.
{00228087,vl}

Case 1:08-cv-00327-JJF Document 12 Filed 07/07/2008 Page 4 of 4
Now therefore,
IT IS HEREBY ORDERED that the foregoing motion is granted, and that all claims
against defendant TiVo Inc. are hereby dismissed.
United States District Judge
{00228087;/1}

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