Federal Circuit Affirms Davis Polk’s Win in Patent Infringement Case on Behalf of Comcast
3/16/2017

Davis Polk represents various subsidiaries of Comcast Corp. in several patent infringement lawsuits against Sprint Communications Co. LP pending in federal courts across the country. On March 7, 2017, the U.S. Court of Appeals for the Federal Circuit affirmed judgment in Comcast’s favor in one of those cases and upheld an October 2014 jury verdict finding that Sprint infringed three Comcast patents and awarding $7.5 million in damages. The Federal Circuit also upheld the District Court’s award of an additional $1.69 million in pre-judgment interest.

The order comes on the heels of the Federal Circuit’s January 11, 2016 summary affirmance in Comcast’s favor in a second case from the District of Delaware. Davis Polk led the briefing and argued both appeals for Comcast. Two additional cases remain pending in the District of Kansas and the Eastern District of Philadelphia. Sprint initiated the dispute by asserting patents against Comcast's telephony services in the District of Kansas, including a number of patents that it had previously asserted successfully against a number of voice-over-IP telephony providers.

The successful appeal was argued by partner Matthew B. Lehr. With him on the briefs were partner Anthony I. Fenwick, counsel David J. Lisson and associate Gareth DeWalt. The Davis Polk trial team included partners Matthew B. Lehr and Anthony I. Fenwick, counsel David J. Lisson, and associates Micah G. Block and Vesna Cuk. Others who participated in pre- and post-trial proceedings include associates Brooke Pyo, Edward Fu, Julien du Vergier, Andrew Yaphe and Serge Voronov. Members of the Davis Polk team are based in the Northern California and New York offices. 

Sprint was represented by McGuire Woods and Shook Hardy & Bacon.