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Comcast Cable Communications, LLC v. WhereverTV, Inc.

Paid petition · United States Court of Appeals for the Federal Circuit, No. 2023-2098, 2023-2150 · judgment July 28, 2025

Certiorari denied · February 23, 2026
Pre-decision estimate: 1% cert probability

Before the decision, well below the 4.1% base rate, with no standout signals pointing toward a grant.

Question presented

Whether a court of appeals may override the principle of party presentation by deciding sua sponte a nonjurisdictional issue that a party deliberately waived. (i)

Counsel of record

For petitioner
Robert Brian Niles-Weed
Weil, Gotshal & Manges, LLP

For respondent
Brett Rosenthal
Reese Marketos, LLP

Case

Conference history
Distributed for 1 conference

Amicus briefs
1 cert-stage

Proceedings

  1. Feb 23 2026
    Petition DENIED.
  2. Feb 11 2026
    Brief amicus curiae of Professor Joan E. Steinman filed. (Distributed)
    Main DocumentProof of ServiceCertificate of Word Count
  3. Jan 21 2026
    DISTRIBUTED for Conference of 2/20/2026.
  4. Jan 14 2026
    Waiver of right of respondent WhereverTV, Inc. to respond filed.
    Main Document
  5. Jan 08 2026
    Petition for a writ of certiorari filed. (Response due February 11, 2026)
    PetitionCertificate of Word CountProof of Service