WhereverTV, a subscription OTT TV service, filed a lawsuit against Comcast in Florida federal court on Wednesday, alleging the cable giant’s Xfinity TV platform infringes on its patent that covers a “global interactive programming guide.”
In its complaint, the Fort Myers, Fla.-based company said its patent (No. 8,656,431) “discloses novel methods and systems” for an interactive programming guide that lets users access, manage and view digital entertainment like live TV, on-demand content, and pre-recorded video from multiple content sources via an internet-enabled device.
The patent, issued Feb. 18, 2014, discloses a guide that enables user defined preferences and other customization and provides “direct access to content from the content owners themselves as well as from traditional MSOs,” according to WhereverTV.
WhereverTV claims Comcast’s manufacturing, use, sale and importation of the Xfinity X1 platform—which includes an interactive programming guide, can be controlled and operated on a TV, computer, tablet or smartphone, and combines search results from multiple sources including live TV and services like Netflix and YouTube—infringes on the OTT video service’s patent for a “content manger device” and a user-configurable “interactive program guide application.”
The company is seeking damages including lost profits, lost royalties, and reasonable license feeds, as well as a permanent injunction barring Comcast from selling its allegedly infringing Xfinity products.
Comcast did not immediately respond to requests for comment.
Founded in 2006, WhereverTV on its website describes itself as a next generation subscription TV service that offers live-streaming, genre-specific, and in-language viewing choices from around the world, delivered globally through any internet-enabled device. Channel management is handled by the company’s patented Interactive Program Guide technology, according to the website.
The service appears to feature six subscription package options, including Spanish-language TV and Faith TV ranging in price from $4.99 per month to $17.99 per month.
This is not the first time Comcast’s X1 platform has been under fire for patent infringement. TiVo previously hit Comcast with lawsuits alleging the company infringed on Rovi patents for technology that allows users to pause shows on one device and pick up where they left off on another, among other features.