A federal jury in Florida has ordered Comcast to pay $213 million in damages to a Fort Myers-based company over patented technology that allows its subscribers to access traditional linear TV channels alongside streaming services within a single electronic program guide.
The verdict delivered on Thursday came at the end of a trial prompted by a complaint filed in 2018 by Wherever TV over Comcast’s X1 platform, which powers set-top and streaming boxes associated with Xfinity TV services.
The patent in question covers the reception of TV content from different sources, including traditional TV feeds and streaming. Wherever TV said its patent allows consumers to find traditional cable channels alongside streaming-only feeds, like those delivered by free, ad-supported streaming TV (FAST) services.
Comcast denied the infringement allegations and challenged the validity of the patent.
The company initially prevailed during an earlier trial in 2023, when a federal judge entered judgment in its favor after finding insufficient evidence to support Wherever TV’s claims. But that decision was overturned on appeal last year based on problems with the original interpretation of the patent by the lower court.
Comcast asked the U.S. Supreme Court to review the matter, but the justices declined its request in February, effectively returning the case to the lower court and setting up for a fight in front of a jury.
“We are deeply grateful to the jury for their diligence and attention to this case, which has lasted over the last eight years,” Adam Sanderson, an attorney representing Wherever TV, said in a statement this week.
Sanderson said the decision validated the work of his client, Mark Cavicchia, who founded Wherever TV and was listed as the developer of the technology at the center of the patent.
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Comcast strongly disputed the jury’s findings and said it would continue challenging the infringement allegations.
“While we thank the jury for their consideration, we strongly disagree with today’s verdict and the damages awarded, which are unsupported by the facts and law,” Comcast said in a statement to the financial news outlet Reuters on Thursday.
Comcast said it was “confident that our X1 guide does not infringe Wherever TV’s patent,” and the company intends to “pursue all of our legal options.” That could mean bringing the verdict to the appellate court, despite losing in that same court earlier in the process.
It wasn’t clear if Comcast intends to continue offering traditional TV networks alongside streaming channels on X1 while the matter is pending appeal. The X1 platform is licensed by Comcast to other companies, including Canadian telecommunications firm Rogers.
