Case 2:23-cv-00059-JRG Document 45-1 Filed 05/01/24 Page 1 of 6 PageID #: 1282
`Case 2:23-cv-00059-JRG Document 45-1 Filed 05/01/24 Page 1 of 6 PagelD#: 1282
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`EXHIBIT 1
`EXHIBIT 1
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`TOUCHSTREAM TECHNOLOGIES, INC.,
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`Plaintiff,
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`v.
`COMCAST CABLE COMMUNICATIONS,
`LLC, d/b/a XFINITY, et al.,
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`Case 2:23-cv-00059-JRG Document 45-1 Filed 05/01/24 Page 2 of 6 PageID #: 1283
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`IN THE 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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`CHARTER COMMUNICATIONS, INC., et al.,
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`Defendants.
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`Lead Case No. 2:23-cv-00059-JRG
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`JURY TRIAL DEMANDED
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`Member Case No. 23-cv-00062-JRG
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`JURY TRIAL DEMANDED
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`Defendants.
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`TOUCHSTREAM TECHNOLOGIES, INC.’S SUPPLEMENTAL
`RESPONSES AND OBJECTIONS TO COMCAST DEFENDANTS’
` SECOND SET OF INTERROGATORIES (NO. 5)
`Pursuant to Rules 26 and 33 of the Federal Rules of Civil Procedure, Plaintiff Touchstream
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`Technologies, Inc. (“Touchstream”), by and through undersigned counsel, hereby makes the
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`following responses and objections to the Second Set of Interrogatories by Comcast Cable
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`Communications, LLC, d/b/a Xfinity; Comcast Cable Communications Management, LLC; and
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`Comcast of Houston, LLC (collectively, “Comcast”).
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`Touchstream has not completed its discovery, investigation, research, or trial preparation.
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`The following Responses are based solely on the information that is presently available and
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`specifically known to Touchstream, and are given without prejudice to Touchstream’s right to
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`produce evidence of any subsequently-discovered facts. Touchstream reserves the right to
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`RESTRICTED –ATTORNEYS’ EYES ONLY
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`Case 2:23-cv-00059-JRG Document 45-1 Filed 05/01/24 Page 3 of 6 PageID #: 1284
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`supplement the following responses and to change any and all responses therein as additional facts
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`are ascertained, analyses are made, and research is completed.
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`Any Response supplied by Touchstream will be subject to all objections as to competence,
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`relevance, materiality, propriety, admissibility, and any and all other objections on any grounds
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`that would require the exclusion of the response or information if such were offered in evidence,
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`and all such objections and grounds are hereby expressly reserved and may be interposed at the
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`time of trial.
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`No incidental or implied admissions are intended by the responses herein. The fact that
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`Touchstream has provided a Response to any particular Interrogatory should not be taken as an
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`admission that Touchstream accepts or admits the existence of any fact, interpretation, or
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`conclusion of law set forth or assumed by such Interrogatory, or that said Response constitutes
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`admissible evidence. The fact that Touchstream has provided a Response to any Interrogatory is
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`not intended to be, and shall not be construed as, a waiver by Touchstream of any part of any
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`objection to any such Interrogatory.
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`OBJECTIONS TO DEFINITIONS AND INSTRUCTIONS
`Touchstream objects to the definitions of “Touchstream,” “You,” and “Your” as
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`A.
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`overly broad, unduly burdensome, vague, and including individuals and entities over which
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`Touchstream has no control. Touchstream understands said terms to refer to Touchstream
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`Technologies, LLC.
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`B.
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`Touchstream objects to the definition of “Touchstream Products” to the extent it
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`prematurely requires expert testimony, identification, and analysis of the products and services
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`that practice the asserted Touchstream patents. To the extent Touchstream addresses its products
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`and services in its responses, it should be understood as disclosing information related only to its
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`commercial products and services, and not as an assertion of practicing any and/or all of the
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`Case 2:23-cv-00059-JRG Document 45-1 Filed 05/01/24 Page 4 of 6 PageID #: 1285
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`Patents-in-Suit. Touchstream will identify whether and how its products and services practice its
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`patents as required by the Docket Control Order in this case and the Rules of Practice for Patent
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`Cases before the Eastern District of Texas.
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`C.
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`Touchstream objects to any definition and/or instruction that seeks to impose a
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`burden beyond that provided by the Federal Rules of Civil Procedure or any applicable Local Rule.
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`Touchstream’s Responses are provided in accordance with the Federal Rules of Civil Procedure
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`and the Local Rules.
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`INTERROGATORY NO. 5:
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`INTERROGATORIES
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`Identify all persons that hold a financial interest in Touchstream, the asserted patents, or
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`this litigation, including any individuals identified in Touchstream’s initial disclosures and any
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`potential or actual witnesses in this case (whether deposition, trial or otherwise), and the extent and
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`nature of each such person’s financial interests.
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`RESPONSE:
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`Touchstream objects to this Interrogatory because it seeks information protected by the
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`attorney-client privilege, work-product immunity, or any other applicable protection from
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`discovery. Touchstream will not provide information that is protected by the attorney-client
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`privilege, work-product immunity, or any other applicable protection. Touchstream also objects to
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`this Interrogatory, as the phrase “potential or actual witness” is vague and ambiguous.
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`Touchstream further objects to this Interrogatory to the extent it seeks information
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`regarding, “all persons that hold a financial interest in Touchstream, the asserted patents, or this
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`litigation” and “the extent and nature of each such person’s financial interests” as these phrases are
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`vague, ambiguous, overly broad, unduly burdensome, and not narrowly tailored to obtain
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`information relevant to the claims and defenses in this case.
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`Case 2:23-cv-00059-JRG Document 45-1 Filed 05/01/24 Page 5 of 6 PageID #: 1286
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`Touchstream further objects to the relevance of the financial interest of any person who is
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`not even a “potential” witness, and objects that the burden of such a request is disproportionate to
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`any benefit in this lawsuit, especially given the complex nature of how financial holdings change
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`over time in a company like Touchstream. Touchstream is willing to meet and confer on this issue,
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`including on who is a “potential witness,” where Touchstream does not know who Comcast plans
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`to potentially examine at trial or by deposition.
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`The following Response is based solely on the information that is presently available and
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`specifically known to Touchstream. The following Response is given without prejudice to
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`Touchstream’s right to produce evidence of any subsequently-discovered fact(s). Subject to and
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`without waiving the foregoing objections, Touchstream responds as follows:
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`Supplemental Response (March 29, 2024):
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`In addition to the foregoing response, and without waiving any of its stated objections,
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`Touchstream provides the following additional response:
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`Case 2:23-cv-00059-JRG Document 45-1 Filed 05/01/24 Page 6 of 6 PageID #: 1287
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`Touchstream expressly reserves the right to supplement, amend, and/or modify this
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`Response, as its investigation of this matter and collection of discoverable material is ongoing.
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`RESTRICTED –ATTORNEYS’ EYES ONLY
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