COMCAST CABLE COMMUNICATIONS, LLC et al v. SPRINT COMMUNICATIONS COMPANY L.P. et al

Filing 481

ORDER THAT COMCAST'S RENEWED MOTION FOR JUDGMENT AS A MATTER OF LAW (DOC. #463 ) IS GRANTED. COMCAST'S MOTION FOR A NEW TRIAL (DOC. #464 ) IS GRANTED. SPRINTS RENEWED MOTION FOR JUDGMENT AS A MATTER OF LAW IS DENIED. COMCASTS MOTION FOR A NEW TRIAL ON DAMAGES IS DENIED. COMCASTS MOTION TO AMEND FINAL JUDGMENT TO ADD PRE-JUDGMENT INTERSTED AND POST-JUDGMENT INTERESTED IS GRANTED AS OUTLINED HEREIN. SIGNED BY HONORABLE JAN E. DUBOIS ON 8/16/2017. 8/16/2017 ENTERED AND COPIES MAILED AND E-MAILED.(sg, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
COMCAST CABLE
COMMUNICATIONS, LLC,
Plaintiff,

CIVIL ACTION

v.
NO. 12-859
SPRINT COMMUNICATIONS
COMPANY, LP,
Defendant.
ORDER
AND NOW, this 16th day of August, 2017, upon consideration of Sprint’s Renewed
Motion for Judgment as a Matter of Law Under Rule 50 (Doc. No. 462, filed March 21, 2017),
Comcast’s Renewed Motion for Judgment as a Matter of Law that Claim 113 of the ‘870 Patent
is Not Obvious (Doc. No. 463, filed March 21, 2017), Comcast’s Motion for a New Trial on
Damages (Doc. No. 464, filed March 21, 2017), Comcast’s Motion to Amend Final Judgment to
Add Pre-Judgment Interest and Post-Judgment Interest (Doc. No. 465, filed March 21, 2017),
Comcast’s Response in Opposition to Sprint’s Renewed Motion for Judgment as a Matter of Law
Under Rule 50 (Doc. No. 467, filed April 4, 2017), Sprint’s Response Comcast’s Renewed
Motion for Judgment as a Matter of Law that Claim 113 of the ‘870 Patent is Not Obvious (Doc.
No. 468, filed April 4, 2017), Sprint’s Opposition to Comcast’s Motion for a New Trial on
Damages (Doc. No. 469, filed April 4, 2017), Sprint’s Opposition to Comcast’s Motion to
Amend Final Judgment to Add Pre-Judgment Interest and Post-Judgment Interest (Doc. No. 470,
filed April 4, 2017), Comcast’s Reply Regarding its Renewed Motion for Judgment as a Matter
of Law that Claim 113 of the ‘870 Patent is Not Obvious (Doc. No. 474, filed April 14, 2017),
Comcast’s Reply in Support of its Motion for a New Trial on Damages (Doc. No. 475, filed
April 14, 2017), Comcast’s Reply in Support of its Motion to Amend Final Judgment to Add

Pre-Judgment Interest and Post-Judgment Interest (Doc. No. 476, filed April 14, 2017), Sprint’s
Sur-Reply in Opposition to Comcast’s Motion for a New Trial on Damages (Doc. No. 477, filed
April 21, 2017), Sprint’s Sur-Reply in Opposition to Comcast’s Motion to Amend Final
Judgment to Add Pre-Judgment Interest and Post-Judgment Interest (Doc. No. 478, filed April
21, 2017), Sprint’s Sur-Reply to Comcast’s Renewed Motion for Judgment as a Matter of Law
that Claim 113 of the ‘870 Patent is Not Obvious (Doc. No. 479, filed April 21, 2017), for the
reasons set forth in the accompanying Memorandum dated August 16, 2017, IT IS ORDERED,
as follows:
1.

Comcast’s Renewed Motion for Judgment as a Matter of Law that Claim 113 of

the ‘870 Patent is Not Obvious is GRANTED. Comcast’s alternative motion for new trial on the
question of whether Claim 113 is obvious, included in the Motion for Judgment as a Matter of
Law, is GRANTED;
2.

Sprint’s Renewed Motion for Judgment as a Matter of Law Under Rule 50 is

DENIED;
3.

Comcast’s Motion for a New Trial on Damages is DENIED;

4.

Comcast’s Motion to Amend Final Judgment to Add Pre-Judgment Interest and

Post-Judgment Interest is GRANTED, and the Final Judgment entered on February 21, 2017,
shall be AMENDED as follows:
a.

Prejudgment interest on the jury verdict of $1.5 million shall be awarded

at the weekly average 1-year constant maturity Treasury yield for February 17, 2006, or 4.7%,
compounded annually, from February 17, 2006, until February 21, 2017;

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b.

Post-judgment interest on the jury verdict of $1.5 million shall be awarded

at the weekly average 1-year constant maturity Treasury yield for February 17, 2017, or 0.82%,
compounded annually, from February 21, 2017, until August 16, 2017.
c.

Post-judgment interest on the combination of the jury verdict of $1.5

million and all pre- and post-judgment interest accrued prior to August 16, 2017, shall be
awarded at the weekly average 1-year constant maturity Treasury yield for February 17, 2017, or
0.82%, compounded annually, beginning August 16, 2017.

BY THE COURT:
/s/ Hon. Jan E. DuBois
DuBOIS, JAN E., J.

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