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Federal Circuit Affirms Win for Comcast

Law360
09/14/2012

The Federal Circuit on Thursday refused to reconstrue a data-over-cable patent to Rembrandt Technologies LLP's liking, upholding the dismissal of its infringement claims in a multidistrict litigation against Comcast Corp., Time Warner Cable Inc. and other cable companies.
 
The appellate court affirmed a Delaware trial court's construction of the term "signal point" — which corresponds to permissible combinations of carrier wave characteristics used to transport digital data over a communications system — used in the language of a digital data transmitting patent owned by Rembrandt, saying that upholding this ruling would necessarily dispose of Rembrandt's infringement allegations as to the patent.

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Brian Ferrall served as lead counsel for Comcast.  He represents technology and biomedical clients as both plaintiff and defendant in high-stakes trade secret, patent and other intellectual property disputes, as well as in contract disputes, unfair business practices and antitrust litigation. He has a reputation for developing a successful strategy at the outset of a case to efficiently and effectively bring it to resolution, or to position it for trial. Mr. Ferrall has tried cases to verdict in California federal and state courts, as well as in federal courts in Delaware and Texas. Mr. Ferrall also has expertise in the challenges international clients face when litigating in the United States.