Summary Judgment Was Final, Former Dish Reseller Argues to 10th Circuit

Even if U.S. District judge's summary judgment order on behalf of Dish Network wasn't certified as final, it still is appealable because it includes an injunction, Digital Satellite Connections said in a memorandum filed Wednesday in the 10th U.S. Circuit Court of Appeals. DSC said the statute of limitations ran out on Dish counterclaims that were dismissed without prejudice, thus making the final judgment final. The memorandum was in response to the appeals court asking for one after questioning its own appellate jurisdiction on the case. Dish didn't comment Thursday. The March 24 summary judgment order by Judge Robert Blackburn of Denver was in response to Dish and DSC motions for summary judgment in a 2013 lawsuit brought by satellite reseller DSC and owner Kathy King, in which they claimed Dish was infringing on their Dishnet trademark with its Dishnet Satellite Broadband. Blackburn said under the terms of the 2010 agreement between DSC and Dish, Dish is entitled to ownership and use of the Dishnet trademark. DSC didn't renew its agreement with Dish in 2012, according to court paperwork.