`
`
`
`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
`OPPOSITION TO TOUCHSTREAM’S MOTIONS IN LIMINE
`
`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 Opposition to Touchstream’s Motions in Limine (the
`
`“Opposition”).
`
`I have attached to this declaration a number of exhibits on which Comcast relies in
`
`support of its Opposition. 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.
`
`Attached hereto as Exhibit 1 is a true and correct copy of a document produced in
`
`this case as Bates-numbers TS_COMCAST_00013929 through TS_COMCAST_00013931.
`
`1
`
`
`
`Case 2:23-cv-00059-JRG Document 213-1 Filed 09/26/24 Page 2 of 3 PageID #: 11337
`
`
`
`2.
`
`Attached hereto as Exhibit 2 is a true and correct copy of a document produced in
`
`this case as Bates-numbers TS_COMCAST_00014059 through TS_COMCAST_00014062.
`
`3.
`
`Attached hereto as Exhibit 3 is a true and correct copy of a document produced in
`
`this case as Bates-numbers TS_COMCAST_00065876 through TS_COMCAST_00065877.
`
`4.
`
`Attached hereto as Exhibit 4 is a true and correct excerpt of a document produced
`
`in this case as Bates-numbers COM_00095829 through COM_00095851.
`
`5.
`
`Attached hereto as Exhibit 5 is a true and correct excerpt of the deposition
`
`transcript of Anthony “Tony” Werner, taken in this case on May 17, 2024.
`
`6.
`
`Attached hereto as Exhibit 6 is a true and correct copy of a document produced in
`
`this case as Bates-numbers TS_COMCAST_00014056 through TS_COMCAST_00014058.
`
`7.
`
`Attached hereto as Exhibit 7 is a true and correct excerpt of the Expert Report of
`
`Dr. Kevin Jeffay Regarding Invalidity of U.S. Patent Nos. 8,356,251, 11,048,751, and
`
`11,086,934, served in this case and dated June 24, 2024.
`
`8.
`
`Attached hereto as Exhibit 8 is a true and correct copy of a document produced in
`
`this case as Bates-number TS_COM_00101606.
`
`9.
`
`Attached hereto as Exhibit 9 is a true and correct copy of a document produced in
`
`this case as Bates-numbers TS_COM_00091288 through COM_00091290.
`
`10.
`
`Attached hereto as Exhibit 10 is a true and correct copy of a document produced
`
`in this case as Bates-numbers COM_00091331 through COM_00091332.
`
`11.
`
`Attached hereto as Exhibit 11 is a true and correct excerpt of the deposition
`
`transcript of Ramon Villaceran, taken in this case on May 15, 2024.
`
`2
`
`
`
`Case 2:23-cv-00059-JRG Document 213-1 Filed 09/26/24 Page 3 of 3 PageID #: 11338
`
`
`
`12.
`
`Attached hereto as Exhibit 12 is a true and correct excerpt of the Rebuttal Expert
`
`Report of Dr. Kevin Jeffay Regarding Non-Infringement of U.S. Patent Nos. 8,356,251,
`
`11,048,751, and 11,086,934, served in this case and dated July 15, 2024.
`
`13.
`
`Attached hereto as Exhibit 13 is a true and correct excerpt of the deposition
`
`transcript of Gil Beyda, taken in this case on June 4, 2024.
`
`14.
`
`Attached hereto as Exhibit 14 is a true and correct excerpt of the transcript of Jury
`
`Trial Proceedings, taken in Touchstream Techs., Inc. v. Google LLC, Case No. W-21-CV-569
`
`(W.D. Tex.), dated July 17, 2023, and produced as Bates-numbers TS_COMCAST_00044538
`
`through TS_COMCAST_00044781.
`
`15.
`
`Attached hereto as Exhibit 15 is a true and correct excerpt of the transcript of Jury
`
`Trial Proceedings, taken in Touchstream Techs., Inc. v. Google LLC, Case No. W-21-CV-569
`
`(W.D. Tex.), dated July 18, 2023, and produced as Bates-numbers TS_COMCAST_00044782
`
`through TS_COMCAST_00045184.
`
`16.
`
`Attached hereto as Exhibit 16 is a true and correct excerpt of the deposition
`
`transcript of Herb Mitschele, taken in this case on May 30, 2024.
`
`17.
`
`Attached hereto as Exhibit 17 is a true and correct excerpt of the deposition
`
`transcript of David Strober, taken in this case on June 6, 2024.
`
`18.
`
`Attached hereto as Exhibit 18 is a true and correct excerpt of the deposition
`
`transcript of Michael Rinzler, taken in this case on June 5, 2024.
`
`Executed on: September 18, 2024
`
` New York, NY
`
`
`
`
`
`
`Alena Farber
`
`3
`
`
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