`
`UNITED STATES DISTRICT COURT
`FOR THE EASTERN DISTRICT OF TEXAS
`MARSHALL DIVISION
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`TOUCHSTREAM TECHNOLOGIES, INC.,
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`Plaintiff,
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`v.
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`CHARTER COMMUNICATIONS, INC., et al,
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`Defendants.
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`This Document Relates To
`Case No. 2:23-cv-00059-JRG
`(Lead Case)
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`JURY TRIAL DEMANDED
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`DECLARATION OF MELISSA A. BROWN IN FURTHER SUPPORT OF
`DEFENDANTS’ MOTION TO DISMISS FOR
`IMPROPER VENUE PURSUANT TO FRCP 12(b)(3) AND
`FOR FAILURE TO STATE A CLAIM PURSUANT TO FRCP 12(b)(6)
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`-1-
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`Case 2:23-cv-00059-JRG Document 25-1 Filed 03/25/24 Page 2 of 4 PageID #: 689
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`I, Melissa A. Brown, declare as follows:
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`1.
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`I am over 18 years of age and competent to make this declaration. If called to testify
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`as a witness, I could and would testify truthfully under oath to each of the statements in the
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`declaration. I make each statement below based on my personal knowledge or after investigation
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`of the relevant information.
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`2.
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`I am an attorney at Arnold & Porter Kaye Scholer, LLP, counsel of record for
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`Defendants Charter Communications, Inc. (“CCI”), Charter Communications Operating, LLC
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`(“CCO”), Time Warner Cable Enterprises LLC, Spectrum Management Holding Company, LLC,
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`Charter Communications, LLC, and Spectrum Gulf Coast, LLC (together, “Defendants”). I am
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`licensed to practice law in the States of New York and New Jersey, and will be filing a motion
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`respectfully requesting to be admitted pro hac vice to this Court.
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`3.
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`I make this Declaration based on my personal knowledge and in further support of
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`Defendants’ motion to: (i) dismiss the Complaint filed by Plaintiff Touchstream Technologies, Inc.
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`(“Touchstream”) for improper venue only as it relates to CCI and CCO pursuant to pursuant to Rule
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`12(b)(3) of the Federal Rules of Civil Procedure (the “Rules”); and (ii) for failure to state a claim
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`for willful infringement as it relates to all Defendants pursuant to Rule 12(b)(6).
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`4.
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`Attached hereto as Exhibit 14 is a true and correct copy of excerpts of the transcript
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`from the deposition of Connie Kovach, taken February 29, 2024.
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`5.
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`Attached hereto as Exhibit 15 is a true and correct copy of CCI’s brief in support
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`of its motion to dismiss pursuant to Rule 12(b)(3) for improper venue filed in the Entropic litigation,
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`dated January 30, 2023.
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`6.
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`Attached hereto as Exhibit 16 is a true and correct copy of CCI’s reply brief in
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`support of its motion to dismiss pursuant to Rule 12(b)(3) for improper venue filed in the Entropic
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`litigation, dated March 9, 2023.
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`1
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`Case 2:23-cv-00059-JRG Document 25-1 Filed 03/25/24 Page 3 of 4 PageID #: 690
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`7.
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`Attached hereto as Exhibit 17 is a true and correct copy of CCI’s Petition for a Writ
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`of Mandamus, dated June 16, 2023.
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`8.
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`Attached hereto as Exhibit 18 is a true and correct copy of CCI’s Reply Brief in
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`Support of its Petition for a Writ of Mandamus, dated June 30, 2023.
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`9.
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`Attached hereto as Exhibit 19 is a true and correct copy of excerpts of the transcript
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`from the deposition of Daniel Boglioli, taken December 13, 2022.
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`10.
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`Attached hereto as Exhibit 20 is a true and correct copy of excerpts of the transcript
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`from the deposition of Thomas Proost, taken December 2, 2022.
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`Executed on March 18, 2024 in New York, New York.
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`/s/ Melissa A. Brown
`Melissa A. Brown
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`-2-
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`Case 2:23-cv-00059-JRG Document 25-1 Filed 03/25/24 Page 4 of 4 PageID #: 691
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`CERTIFICATE OF SERVICE
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`I hereby certify that a true and correct copy of the above and foregoing document has been
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`served on all counsel of record via email and the Court’s ECF system on March 18, 2024.
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`/s/ Melissa Brown
`Melissa Brown
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`-3-
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