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WhereverTV, Inc. v. Comcast Cable Communications, LLC



IMS Consulting & Expert Services collaborated with our client Davis Polk for more than three years on behalf of leading cable provider Comcast Cable Communications, LLC.

WhereverTV, an Over the Top (OTT) internet television platform provider located in Fort Myers, Florida, sued Comcast in 2018 for patent infringement related to the integration of Netflix and other OTT apps onto Comcast’s X1 platform. WhereverTV requested $177 million in damages. Comcast denied infringement, explaining that WhereverTV’s patent (Global Interactive Program Guide Application and Device) covered an interactive program guide feature that Comcast never used.

The Challenge

This intellectual property dispute involved complex cable and OTT streaming technologies and required a clear understanding of the distinction between them. As cable and streaming platforms are commonly used on a regular basis, it was crucial that the visuals used to educate jurors would help them to grasp the differences between cable technology and streaming technology.

The Solution

IMS trial consultants and graphic designers worked with the Davis Polk trial team and their computer science expert to illustrate the key case points and show the patent-in-suit's technology compared to the allegedly infringed Comcast technology. The resulting trial presentation visually communicated all the technical details and complemented the expert’s testimony, allowing the court to clearly see and understand our client’s argument.

The Outcome

After a one-week jury trial and minutes before closing arguments were to commence, Judge Jung granted judgment as a matter of law of no infringement for Comcast.

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