Time Warner Cable is trying to unwind a $140 million judgment for patent infringement with a novel argument. Backed by amici curiae Intel Corp. and Dell, the company argues that a prior jury verdict involving the same patents should not have been admitted to prove damages at its trial.

Sprint obtained the Time Warner verdict last year in a Kansas trial over VoIP technology. Its damages evidence included two comparable licenses and Sprint’s 2007 verdict against Vonage over the same patents in which jurors awarded $1.37 per subscriber.