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April 28, 2023

Faegre Drinker Partner Traci McKee Supports Comcast in Patent Litigation Victory

Faegre Drinker product liability and mass torts partner Traci McKee was part of a team that secured a ruling of no infringement for client Comcast in a patent infringement jury trial in the Middle District of Florida. McKee served as Florida counsel to Comcast among the trial team led by attorneys from Davis Polk & Wardwell.

On April 26, 2023, after a one-week jury trial and minutes before closing arguments were to commence, Judge William Jung of the U.S. District Court for the Middle District of Florida granted judgment as a matter of law of no infringement for Comcast.

WhereverTV sued Comcast in 2018 for patent infringement related to the integration of Netflix and other over-the-top apps onto Comcast’s X1 platform. Comcast denied infringement on multiple grounds, explaining why its X1 system did not use WhereverTV's patent. WhereverTV, which was funded by Longford Capital, asked the jury for $177 million.

On April 25, Comcast moved for judgment as a matter of law – WhereverTV hadn't presented sufficient evidence to show that the X1 platform infringed claimed aspects of the asserted patent — such as "adding or deleting channels" and "an interactive program guide" application installed on the device.

Judge Jung granted that motion on the sixth day of the jury trial and plans to issue a final order on June 7.

The case is Wherevertv, Inc. v. Comcast Cable Communications, LLC, case number 2:18-cv-00529 (M.D. Fl).

Weil Gotshal provided appellate advice to Comcast.

The case was featured in The American Lawyer Litigation Daily’s “Litigator of the Week” section.

See Law360’s coverage of the case and verdict for more details.

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