Stipulation Assures Comcast Supplies of MaxLinear Broadband Gateway Chips to May 24

U.S. District Judge Alvin Hellerstein for Southern New York in Manhattan approved the stipulation between Comcast Cable and MaxLinear and their attorneys that assures Comcast will be able to continue sourcing MaxLinear chips for its broadband gateways at least through late May, said Hellerstein’s signed order Tuesday (docket 1:23-cv-04436).

Comcast had warned as recently as Aug. 10 that it needed a preliminary injunction immediately to block MaxLinear from walking away from its contractual obligations that Comcast said would have left it in a lurch for broadband gateway chip supplies (see 2308110032). The dispute began May 26 when Comcast sued MaxLinear for breaching its obligations to support millions of broadband gateways used to provide internet service to Comcast customers by improperly terminating the parties’ contracts (see 2305300045).

Under the stipulation approved by the judge, MaxLinear agrees through May 24 “to perform all of its services, and the obligations with respect to services, in a timely manner and without qualification,” under its existing vendor support agreement (VSA) and the associated statement of work (SOW) with Comcast, said Tuesday’s order. Comcast, in return, withdraws its application for a preliminary injunction, it said.

Comcast and MaxLinear agree to reserve all of their rights, claims and defenses “relating to or arising out of the VSA and the associated SOW,” including each party’s position on “the termination and enforceability” of the VSA and SOW, said the judge’s order. Nothing in the stipulation will be deemed an admission of wrongdoing by either party, it said.

In light of Comcast’s agreement to withdraw its preliminary injunction application, the judge, in a separate order Tuesday, adjourned as moot the hearing that had been scheduled for Thursday on Comcast’s injunction motion. Comcast’s breach of contract claims against MaxLinear “remain pending,” counsel for both parties told the judge Tuesday. The parties “will work in good faith to prepare a case management plan for the case management conference” scheduled for Sept. 29, they said.