The Middle District of Florida ruled that "channel of video content" in Claim 1 of Wherevertv's patent means a transmission of video programming associated with a content provider. The case returned to district court after remand from the Federal Circuit.
Judge William F. Jung noted that while Comcast argued no additional claim construction was needed, Wherevertv pushed for the definition and requested a Markman hearing with expert testimony. The court adopted Wherevertv's proposed construction, which the court noted was very close to what Comcast had offered earlier in the case.
The construction may affect pending summary judgment motions. The parties have 14 days to file supplements and 7 days for rebuttals.
Jung ordered the parties to coordinate expeditiously on any additional expert consultation or discovery needed given the construction to avoid delaying the trial date. The case has been ongoing since 2018.