Comcast Can’t Tempt High Court to Hear Appeals Waiver Issue (1)

The US Supreme Court won’t review an appellate decision reviving a patent lawsuit against Comcast Cable Communications LLC over an interactive program guide accessed through its set-top boxes.

Comcast argued that a district court in Florida correctly threw out the WhereverTV Inc. suit because the Comcast boxes don’t match the technology described in WhereverTV’s US Patent No. 8,656,431. The US Court of Appeals for the Federal Circuit, however, vacated the lower court’s case-ending judgment, which Comcast contended was only possible because the panel addressed a legal argument WhereverTV affirmatively waived at the lower court.

Comcast said the ruling highlights ...