Context: WhereverTV, a Fort Myers, Florida-based over-the-top (OTT) television provider founded in 2006, sued Comcast in August 2018 over the Xfinity X1 platform, accusing its interactive program guide of infringing its patent. During a first trial in 2023, Judge William F. Jung ruled for Comcast as a matter of law before the jury could deliberate, finding that WhereverTV had not shown that X1 meets two limitations of claim 1. The United States Court of Appeals for the Federal Circuit vacated that ruling because it rested on erroneous claim constructions, and sent the case back for trial (July 28, 2025, Federal Circuit, opinion), and the United States Supreme Court declined to hear Comcast’s challenge on February 23, 2026.
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Court and counsel
Court: Judge William F. Jung, United States District Court for the Middle District of Florida (Magistrate Judge Kevin R. Huguelet).
Wherevertv is being represented by Reese Marketos LLP’s Adam C. Sanderson, Brett Stephen Rosenthal, Jamison Meadville Joiner, Joshua M. Russ, Peter D. Marketos, and William J. Hamilton, along with Robert Neal Harrison of the Law Office of Robert N. Harrison.
Comcast is being represented by Davis Polk & Wardwell LLP’s Ashok Ramani, David Lisson, Elaine M. Andersen, Jessica Magier, Micah G. Block, Paul O. Ilori, and Serge A. Voronov; Weil, Gotshal & Manges LLP’s Mark Andrew Perry and Robert B. Niles-Weed; and Faegre Drinker Biddle & Reath LLP’s Traci McKee.