Sounds like only DiSH Pro Plus is similar to this patent's claim. 2 different polarity signals on the same coax at the same time. Or, let's go after everybody's band stacking, even Spaun's.
I'm not an attorney but I have been through the patent process. In the US it's "first to invent" that can claim the protection. So if the plaintiff has documents that can substantiate their work on a similar system that predates anything E* or anyone else can produce then they (plaintiff) can still claim the inventor's rights even if E* or another party filed before the plaintiff. I believe there is a statue of limitations on the time in which they can do that, however. Was a patent covering essentially the same concept ever issued to E* or anyone else? (The link Scott provided took me only to a search engine and I couldn't enter the sources it provided.) The question would be how broad are the claims in any other patent....it's amazing to me that a company could even be ALLOWED to file a lawsuit on a patent that was issues YEARS after Echostar started business. Unless I'm reading it wrong the patent was filed in 2000 issued in 2001. I was under the impression at patent isn't enforceable until after it's issued.
lovely, another lawsuit to distract them from adding features and new HD channels...