Judge Denies Comcast Motion to Dismiss MaxLinear’s Broadband Counterclaims

U.S. District Judge Alvin Hellerstein for Southern New York in Manhattan denied without prejudice Comcast’s Jan. 26 motion to dismiss or sever MaxLinear’s Dec. 1 counterclaims in their broadband gateways dispute, said his text-only order Monday (docket 1:23-cv-04436). Rule 13 allows permissive counterclaims, said the order. The goal of resolving all disputes in one proceeding “outweighs, at this time, any reason for dismissal or severance,” it said. The court will govern these proceedings “to assure swift and economical proceedings,” it said. The order and sequence of trials “can be left for a later date,” it said. The completion dates of discovery “will be regulated by the court to avoid prejudice to either plaintiff or defendant,” it said. Comcast sued MaxLinear May 26 to bar the chipmaker from breaching its contractual obligations to support millions of broadband gateways used to provide internet service to Comcast customers (see 2305300045). MaxLinear’s counterclaims for breach of contract, unfair competition and theft of trade secrets allege that Comcast scaled back its existing purchase orders of MaxLinear products and ultimately ceased the purchase of any new MaxLinear products altogether. But rather than pay MaxLinear for a proprietary technology that MaxLinear developed for Comcast to allow it to succeed in the fiber-optic age, Comcast stole the idea, claimed it as its own, and hired MaxLinear’s competitor to commercialize it, allege the counterclains.