`
`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.
`
`
`
`§
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`Lead Case No. 2:23-cv-00059-JRG
`Member Case No. 2:23-cv-00062-JRG
`
`DECLARATION OF ALENA FARBER IN SUPPORT OF
`DEFENDANTS’ RESPONSIVE CLAIM CONSTRUCTION BRIEF
`
`I, Alena Farber, declare as follows:
`
`1.
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`I am an attorney admitted pro hac vice before this Court and an associate at the
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`law firm of Davis Polk & Wardwell LLP, counsel for defendants Comcast Cable
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`Communications, LLC, Comcast Cable Communications Management, LLC, Comcast of
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`Houston, LLC, and Comcast Corporation in the above-captioned action. I submit this
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`declaration in support of Defendants’ Responsive Claim Construction Brief. I make this
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`declaration of my own personal knowledge. If called as a witness, I could and would
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`competently testify to the matters set forth herein.
`
`2.
`
`Attached hereto as Exhibit 1 is a true and correct copy of the applicant’s Response
`
`to Office Action dated February 22, 2012, from the prosecution history of U.S. Patent App.
`
`No. 13/245,001, which issued as U.S. Patent No. 8,356,251.
`
`
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`Case 2:23-cv-00059-JRG Document 40-1 Filed 04/18/24 Page 2 of 3 PageID #: 1064
`
`3.
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`Attached hereto as Exhibit 2 is a true and correct copy of the Examiner-Initiated
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`Interview Summary dated August 16, 2012, from the prosecution history of U.S. Patent App.
`
`No. 13/245,001, which issued as U.S. Patent No. 8,356,251.
`
`4.
`
`Attached hereto as Exhibit 3 is a true and correct copy of the Notice of
`
`Allowability dated August 16, 2012, from the prosecution history of U.S. Patent App. No.
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`13/245,001, which issued as U.S. Patent No. 8,356,251.
`
`5.
`
`Attached hereto as Exhibit 4 is a true and correct copy of the applicant’s Response
`
`to Office Action dated May 9, 2019, from the prosecution history of U.S. Patent App.
`
`No. 15/687,249, which issued as U.S. Patent No. 11,048,751.
`
`6.
`
`Attached hereto as Exhibit 5 is a true and correct copy of the applicant’s Response
`
`to Office Action dated December 12, 2019, from the prosecution history of U.S. Patent App.
`
`No. 15/687,249, which issued as U.S. Patent No. 11,048,751.
`
`7.
`
`Attached hereto as Exhibit 6 is a true and correct copy of the applicant’s Response
`
`to Office Action dated October 28, 2020, from the prosecution history of U.S. Patent App.
`
`No. 16/917,095, which issued as U.S. Patent No. 11,086,934.
`
`8.
`
`Attached hereto as Exhibit 7 is a true and correct copy of the applicant’s Response
`
`to Office Action dated March 3, 2021, from the prosecution history of U.S. Patent App.
`
`No. 16/917,095, which issued as U.S. Patent No. 11,086,934.
`
`I declare under penalty of perjury that the foregoing is true and correct.
`
`Executed on: April 18, 2024
`
`New York, New York
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`Alena Farber
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`2
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`Case 2:23-cv-00059-JRG Document 40-1 Filed 04/18/24 Page 3 of 3 PageID #: 1065
`
`CERTIFICATE OF SERVICE
`
`Pursuant to Local Rule CV-5(c), the undersigned hereby certifies that all counsel of
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`record who have consented to electronic service are being served with a copy of this document
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`via ECF on April 18, 2024.
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`Alena Farber
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`3
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