To: Uncle Frank who wrote (35052 ) 11/24/2000 2:56:49 AM From: Stoctrash Respond to of 54805 GMST vs DISH....DISH takes bold stance.skyreport.com Executives with Gemstar said they are confident the company will prevail in litigation it's pursuing against EchoStar. Last month, Gemstar filed a lawsuit against EchoStar, saying the company infringed on its intellectual property by offering an unlicensed interactive program guide in DISH Network receivers. Gemstar is seeking an injunction and monetary damages. Gemstar's Peter Boylan, speaking with analysts last week, said the company had no choice when it filed the lawsuit after EchoStar CEO Charlie Ergen and other company executives stopped negotiating with Gemstar good faith. He said the company expects to win a substantial award in its patent infringement case against EchoStar, possibly winning triple the amount in damages if the company can prove willful infringement. In addition to suing over the program guide, Gemstar is asking for lost revenue from advertising and tCommerce. Boylan said Gemstar believes EchoStar has a "massive problem" on its hands after more than six million boxes containing the disputed interactive program guide were distributed by the company. Gemstar said it will calculate its claim going back to when EchoStar's first boxes were deployed in the marketplace. EchoStar's Ergen, speaking with analysts in a separate call last week, said after the company reviewed the lawsuit it's confident that the DBS business hasn't violated any patent violations listed by Gemstar. ----- If you just read this and blow it off, as I most likely would have in the past, you must see this dude Ergen's record in court. In a nut shell, He's like Jordan in the clutch.