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FORT MYERS, Fla., Feb. 25, 2019 (GLOBE NEWSWIRE) -- WhereverTV Broadcasting Corp. (OTCQB: TVTV), which delivers Over The Top (OTT) subscription television services to AppleTV, Amazon Fire TV Stick, Google Chromecast, smartphones, Tablets, computers and other devices, announces that Judge John E. Steele of the Middle District of Florida denies two motions filed by Comcast Communications, LLC.
Judge John E. Steele denies Comcast Communications, LLC motions to Move to Eastern District of Pennsylvania on January 30, 2019 and their Motion to Dismiss on February 20, 2019. In regards to the Motion to Dismiss, Comcast arguments against infringing were based on three points, A) Adding or Deleting Channels B) Distinct Server Limitations and C) Streaming Video.
As to point “A” the Court’s comments are as follows: The Court finds that plaintiff (WhereverTV) has plausibly alleged that the Xfinity platform provides a user-configurable interactive program guide (IPG) that allows users to add or delete channels. The Amended Complaint alleges that the IPG allows users to add or delete channels and add or delete favorite channels, also providing screenshots. This is adequate to place Comcast on notice of what activity it is accused of infringing. It is not appropriate for the Court to determine at this stage whether the accused method of adding or deleting channels could violate the ‘431 Patent without the benefit of claim construction. Thus, the motion to dismiss on this basis is denied.
As to point “B” the Court’s comments are as follows: The Court finds that WhereverTV has plausibly alleged facts supporting that Comcast’s X1 Platform includes at least one server that is resident on a network containing descriptive program data about video content that is available form one or more MSOs and one or more non-MSOs, and that this server is distinct from at least one or more of the MSOs and one or more non-MSOs, as contemplated in Claim 1. Details about the operation of the servers may be obtained through discovery, but at this point plaintiff need not allege specific facts about the technical details of the accused products. Thus, the motion to dismiss on this basis is denied.
As to point “C” the Court’s comments are as follows: The Court agrees with plaintiff (WhereverTV) that it has plausibly alleged that the X1 Platform practices the limitation that each channel is selectable for receiving only or virtually entirely streaming video programming from its respective MSO or non-MSO source. See Doc. #30, 25, 26, 30, 33, 39, 50, 54, and accompanying screenshots. Comcast’s argument is more like a claim construction and non- infringement argument, rather than a pleading requirement. Thus, the motion to dismiss on this basis is denied.
Accordingly, it is hereby ORDERED AND ADJUDGED:
Defendant’s Motion to Dismiss Under Fed. R. Civ. P. 12(b)(6) (Doc. #36) is DENIED.
“As with any patent infringement case of this magnitude, there will be a process that will take time and patience.” “We are extremely pleased with the decision of the courts in regards to these motions.” Stated Edward D. Ciofani, CEO WhereverTV. “We look forward to demonstrating our case of infringement and the Court’s ruling on these motions allow the case to move forward and enter into the next phase.”
About WhereverTV Broadcasting Corporation (TVTV)
Founded in 2007, WhereverTV is the next generation subscription television service providing consumers with live- streaming, genre-specific, and in-language viewing choices from around the world, delivered to anywhere in the world, and through any internet enabled device. WhereverTV provides an economically beneficial and completely versatile alternative to traditional cable and satellite services, with the added benefits of personalization and portability. Also, known as Internet TV, WhereverTV delivers content, shows and events to SmartTVs and digital media receivers including: iPhone, iPad, Android Smartphone and TabletPCs. The WhereverTV patented IPG platform enables subscribers to access licensed content from content providers from around the world. The customer viewing experiences are based on customer location (geo-targeting) and content/digital-rights management contracts. Apps are presently available for free with in app purchases for Apple TV, iOS phones and IPADs in the Apple Store. WhereverTV is currently available for Android Phones and tablets in the Google Play Store. WhereverTV is also available on Amazon Fire TV Stick. Samsung & LG Smart TV’s, Roku and DVR functionality to record your shows and view later are presently in the works. Please visit: www.Wherever.TV, for more info.
This news release contains forward-looking statements, which may not be based on historical facts. Such forward-looking statements involve known and unknown risks, uncertainties and other factors that may cause the actual results events or developments to be materially different from any future results, events or developments expressed or implied by such forward-looking statements. These factors should be considered carefully and readers are cautioned not to place undue reliance on such forward-looking statements. Except as required by applicable securities laws, the Company disclaims any obligation to update any such factors or to publicly announce the results of any revisions to any of the forward-looking statements contained herein to reflect future results, events or developments.
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