Judge rules in favor of Syncbak in lawsuit involving broadcast networks

A judge has ruled in favor of a Marion-based technology company that became involved in a lawsuit involving New-York based Aereo and a group of broadcast companies.

Syncbak was subpoenaed by Aereo for documents and testimony related to CBS's investment in Syncbak, negotiations concerning the investment, features of Syncbak's technology and documents concerning Aereo. Judge Jon Scoles denied Aereo's request for the production of documents concerning the features of Syncbak's technology, according to court documents filed Tuesday in the U.S. District Court for the Northern District of Iowa.

Syncbak, founded by Jack Perry in 2009, enables television viewing on mobile platforms such as smartphones and tablets. Its technology uses hardware that enables both Syncbak and its broadcast partners to stream TV via the Internet to authenticated viewers on connected devices.

Syncbak lawyers asked the judge in August to dismiss the subpoena “because they are unduly burdensome." On Tuesday, the judge agreed.

"The court concludes that Aereo's 'need' for the requested information to defend the underlying action is slight, while the 'injury' to Syncbak in disclosing its highly confidential commercial information to a competitor may be substantial," court documents stated.

In an email, Perry said he would have been "shocked" if the judge had ruled any other way.

"Just because Syncbak is taking the right approach to putting live broadcast television onto smartphones and tablets shouldn't give a competitor the right to look under our hood," he said in the email.