Litigation

DISH Network (Nasdaq: DISH) shares are modestly higher early Friday despite reports the company may be subject to a lawsuit by several large cable companies.

DISH recently introduced a feature which allows users to view network programs commercial free. The feature is available on PrimeTime Anywhere video-on-demand service. Needless to say, this is bringing us one step closer to becoming a DISH customer.

In an elaborate complaint filed in Los Angeles federal court Thursday, News Corp's (Nasdaq: NWSA) Fox stated DISH created a "bootleg video-on-demand service,...[which] will ultimately destroy the advertising- supported ecosystem that provides consumers with the choice to enjoy free over-the-air, varied, high-quality primetime broadcast programming."

Others suing separately include Comcast's (Nasdaq: CMCSA) NBC and CBS Corp. (NYSE: CBS).

DISH counter sued in New York, saying it wasn't infringing in copyright patents. Bloomberg quoted an SVP of Programming at DISH in saying customers have been skipping over commercials since the advent of remote controls and that DISH is simply giving the customer what its been asking for. Not an exceptionally strong rebuttal, but a rebuttal nonetheless.

The Los Angeles cases are Fox Broadcasting v. Dish Network LLC, 12-4529; NBC Studios LLC v. Dish Network Corp., 12-4536; and CBS Broadcasting Inc. v. Dish Network Corp., 12-4551, U.S. District Court, Central District of California (Los Angeles). The New York case is Dish Network LLC v. American Broadcasting Cos., 12-04155, U.S. District Court, Southern District of New York (Manhattan).

As announced today, Syngenta (NYSE: SYT) and attorneys for several community water systems have agreed to settle litigation related to the herbicide atrazine in order to end the business uncertainty and expense of protracted legal proceedings. The proposed settlement agreement which requires court approval was filed with the United States District Court for the Southern District of Illinois on May 24, 2012.

Under the terms of the agreement, Syngenta expressly denied liability and the plaintiffs acknowledged that they are not aware of any new scientific studies relating to atrazine.

The total cost of the settlement for Syngenta is $105 million, which will be charged to the income statement in 2012. The charge is partly covered by provisions and the impact on earnings will be approximately $0.5 per share.

SEC staff said to end Lehman probe without recommending action.

The International Court of Arbitration of the International Chamber of Commerce this morning released its findings in the arbitration case between The Dow Chemical Company (NYSE: DOW) and Petrochemical Industries Company of Kuwait (PIC) relating to the K-Dow transaction.

The ICC award holds that PIC was liable, and awards damages to Dow of $2.16 billion, not including interest and costs. Dow and PIC mutually agreed to resolve their contractual disputes through arbitration before the ICC, which is comprised of preeminent legal experts with experience in high-value commercial litigation. The award is final and binding.

Auxilium Pharmaceuticals, Inc. (Nasdaq: AUXL) and FCB I LLC have filed a lawsuit against Watson Laboratories, Inc. (NV); Watson Pharmaceuticals, Inc.; and Watson Pharma, Inc. (NYSE: WPI) for infringement of FCB's ten patents listed in the U.S. Food and Drug Administration's Approved Drug Products with Therapeutic Equivalence Evaluations as covering Testim 1% testosterone gel.

The lawsuit was filed in the United States District Court for the District of New Jersey on May 23, 2012.

Auxilium and FCB filed this lawsuit in response to a notice letter sent by Watson Laboratories, Inc. (NV) regarding its filing with the FDA of Abbreviated New Drug Application ("ANDA") No. 09‑1073 for a generic 1% testosterone gel product. This letter also stated that ANDA No. 09‑1073 contained Paragraph IV certifications, under 21 U.S.C. Section 355(j) of the Federal Food, Drug, and Cosmetic Act, with respect to the nine patents listed in the Orange Book on that date as covering Testim®: U.S. Patent Nos. 7,320,968; 7,608,605; 7,608,606; 7,608,607; 7,608,608; 7,608,609; 7,608,610; 7,935,690; and 8,063,029. On May 15, 2012, a new composition patent covering Testim (U.S. Patent No. 8,178,518) issued. This patent is now also listed in the Orange Book and was included in the patent infringement lawsuit filed against Watson. In total, ten Testim patents are now listed in the Orange Book and are expected to expire on various dates ranging from April 21, 2023 through January 18, 2025. Auxilium and FCB remain committed to protecting their intellectual property rights, including their patent protection for Testim.