Comcast’s TRO Request vs. MaxLinear 'Unnecessary' on Broadband Gateway Support, Judge Told
MaxLinear opposes Comcast’s request in its “midnight filing” for a temporary restraining order to assure it continues receiving service from MaxLinear under the parties’ contracts to support millions of broadband gateways used to provide internet service to Comcast customers (see…
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2305300045), the chipmaker wrote U.S. District Judge Analisa Torres for Southern New York in a letter Wednesday (docket 1:23-cv-04436). The TRO is “unnecessary” because MaxLinear already agreed to provide Comcast its contractual services, effective for 90 days from its May 18 letter terminating those contracts, it said. Comcast hasn’t identified “any specific service” that it hasn’t received or won’t receive, it said: “Any request for emergency relief is thus premature and should be denied.” MaxLinear has repeatedly made clear to Comcast that it will continue to provide services to Comcast as it did before the May 18 termination notice, “thus maintaining the status quo and obviating the need for a TRO,” it said. “That assurance has come from its executives, its counsel, and now again in this letter,” it said. Though the parties may have a dispute about their contractual relationship, “those issues can be sorted in the normal course of litigation, and don’t “come close to warranting emergency relief” from the court, it said. Despite its “lengthy pleadings,” Comcast doesn’t -- because it can’t -- “identify a single service or support that MaxLinear has stopped providing, that MaxLinear has threatened not to provide, or that falls outside the scope of what MaxLinear has already committed to provide through mid-August,” it said.