`
`
`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE EASTERN DISTRICT OF TEXAS
`MARSHALL DIVISION
`
`TOUCHSTREAM TECHNOLOGIES, INC.,
`Plaintiff,
`
`v.
`CHARTER COMMUNICATIONS, INC., et
`al.,
`
`Defendants.
`
`TOUCHSTREAM TECHNOLOGIES, INC.,
`Plaintiff,
`
`v.
`COMCAST CABLE COMMUNICATIONS,
`LLC, d/b/a XFINITY, et al.,
`
`Defendants.
`
`§
`§
`§
`§
`§
`§
`§
`§
`§
`§
`§
`§
`§
`§
`§
`§
`
`Lead Case No. 2:23-cv-00059-JRG
`Member Case No. 2:23-cv-00062-JRG
`
`
`
`DECLARATION OF ALENA FARBER IN SUPPORT OF
`COMCAST’S SUR-REPLY IN OPPOSITION TO TOUCHSTREAM’S
`MOTION TO STRIKE THE OPINIONS OF KEVIN JEFFAY, PH.D.
`
`I, Alena Farber, declare as follows pursuant to 28 U.S.C. § 1746:
`
`I am an attorney admitted to practice before this Court and an attorney at Davis Polk &
`
`Wardwell LLP, counsel in the above-captioned matter for Defendants Comcast Cable
`
`Communications, LLC, d/b/a Xfinity, Comcast Corporation, Comcast Cable Communications
`
`Management, LLC, and Comcast of Houston, LLC (collectively, “Comcast”). I submit this
`
`declaration in support of Comcast’s Sur-Reply in Opposition to the Motion to Strike the
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`Opinions of Kevin Jeffay, Ph.D. (the “Sur-Reply”).
`
`I have attached to this declaration a number of exhibits on which Comcast relies in
`
`support of its Sur-Reply. Pursuant to Local Rule CV-7(b), I have excerpted and/or highlighted
`
`the cited-to portions of the underlying materials in preparing these exhibits.
`
`
`
`1
`
`
`
`Case 2:23-cv-00059-JRG Document 187-1 Filed 09/05/24 Page 2 of 2 PageID #: 10197
`
`
`
`1.
`
`Attached hereto as Exhibit M is a true and correct excerpt of the deposition
`
`transcript of J. Seiden, taken in this case on June 4, 2024.
`
`2.
`
`Attached hereto as Exhibit N is a true and correct excerpt of the Rebuttal Report
`
`of Dr. Kevin Almeroth in Response to the June 24, 2024 Opening Invalidity Expert Report of Dr.
`
`Kevin Jeffay, served in this case and dated July 15, 2024.
`
`3.
`
`Attached hereto as Exhibit O is a true and correct excerpt of the Expert Report of
`
`Russell W. Mangum III, Ph.D., served in this case and dated June 24, 2024.
`
`Executed on: September 3, 2024
`
` Jersey City, New Jersey
`
`
`
`
`Alena Farber
`
`
`
`2
`
`
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