Case 2:23-cv-00059-JRG Document 57 Filed 05/24/24 Page 1 of 6 PageID #: 1415
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`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
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`
`JURY TRIAL DEMANED
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`JOINT STIPULATION TO MODIFY DEADLINES
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`Plaintiff Touchstream Technologies, Inc. (“Touchstream”) and Defendants Charter
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`Communications, Inc., et al., and Comcast Cable Communications, LLC, et al. (collectively,
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`“Defendants”) respectfully request that the Court grant this Joint Stipulation to Modify Deadlines
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`set forth in the Court’s June 16, 2023 Docket Control Order (Touchstream Techs., Inc. v. Altice
`
`USA, Inc. et al., 2:23-cv-00060, Dkt. No. 71) (hereinafter “Docket Control Order”) for the reasons
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`set forth below.
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`The Deadline for the Close of Fact Discovery is June 10, 2024, and the Deadline for the
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`Close of Expert Discovery is July 15, 2024. Touchstream’s expert disclosures for infringement are
`
`due June 10—the same day fact discovery is set to close. Touchstream timely noticed depositions
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`under both Federal Rules of Evidence 30(b)(1) and 30(b)(6) to Charter for testimony regarding
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`1" = "1" "4873-3464-6977 v1" "" 4873-3464-6977 v1
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`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
`
`
`JURY TRIAL DEMANED
`
`JOINT STIPULATION TO MODIFY DEADLINES
`
`Plaintiff Touchstream Technologies, Inc. (“Touchstream”) and Defendants Charter
`
`Communications, Inc., et al., and Comcast Cable Communications, LLC, et al. (collectively,
`
`“Defendants”) respectfully request that the Court grant this Joint Stipulation to Modify Deadlines
`
`set forth in the Court’s June 16, 2023 Docket Control Order (Touchstream Techs., Inc. v. Altice
`
`USA, Inc. et al., 2:23-cv-00060, Dkt. No. 71) (hereinafter “Docket Control Order”) for the reasons
`
`set forth below.
`
`The Deadline for the Close of Fact Discovery is June 10, 2024, and the Deadline for the
`
`Close of Expert Discovery is July 15, 2024. Touchstream’s expert disclosures for infringement are
`
`due June 10—the same day fact discovery is set to close. Touchstream timely noticed depositions
`
`under both Federal Rules of Evidence 30(b)(1) and 30(b)(6) to Charter for testimony regarding
`
`
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`Case 2:23-cv-00059-JRG Document 57 Filed 05/24/24 Page 2 of 6 PageID #: 1416
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`both technical and damages related information. But, due to the limited availability of a few
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`witnesses, Charter was only able to offer deposition dates of June 11, 2024, for core technical and
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`damages witnesses. Touchstream requires additional time to prepare an expert report incorporating
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`these witnesses’ testimony. Touchstream has accommodated witnesses’ availabilities and
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`attempted to schedule as many depositions as it can—even scheduling depositions on the same
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`day as the Markman hearing.
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`Similarly, Charter’s technical expert is only available for a deposition on August 9, 2024.
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`The parties have met and conferred and are in agreement that an extension of deadlines would be
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`reasonable.
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`Additionally, the Markman hearing has already been delayed by two weeks, from its
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`original May 16, 2024 setting to May 30, 2024. The proposed schedule will accommodate minor
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`shifts to other deadlines as well. The parties thus propose the following amendments to the Docket
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`Control Order:
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`Event
`Deadline to Complete
`Fact Discovery and File
`Motions to Compel
`Discovery
`Serve Disclosure for
`Expert Witnesses by the
`Party with the Burden of
`Proof
`Serve Disclosures for
`Rebuttal Expert
`Witnesses
`Deadline to Complete
`Expert Discovery
`File Dispositive
`Motions
`File Motions to Strike
`Expert Testimony
`Response to Dispositive
`Motions
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`Current Deadline
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`Proposed Date
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`June 10, 2024
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`June 11, 2024
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`June 10, 2024
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`July 1, 2024
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`July 1, 2024
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`July 24, 2024
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`July 15, 2024
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`August 9, 2024
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`July 22, 2024
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`August 12, 2024
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`August 5, 2024
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`August 23, 2024
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`Case 2:23-cv-00059-JRG Document 57 Filed 05/24/24 Page 3 of 6 PageID #: 1417
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`
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`Serve Pretrial
`Disclosures (Witness
`List, Deposition
`Designations, and
`Exhibit List) by the
`Party with the Burden of
`Proof
`Serve Objections to
`Rebuttal Pretrial
`Disclosures; and Serve
`Rebuttal Pretrial
`Disclosures
`Serve Objections to
`Rebuttal Pretrial
`Disclosures
`File Motions in Limine
`File Joint Pretrial Order,
`Joint Proposed Jury
`Instructions, Joint
`Proposed Verdict Form,
`Responses to Motions in
`Limine, Updated Exhibit
`Lists, Updated Witness
`Lists, and Updated
`Deposition Designations
`Notify Court of
`Agreements Reached
`During Meet and Confer
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`August 12, 2024
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`August 26, 2024
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`August 26, 2024
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`September 9, 2024
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`September 3, 2024
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`September 13, 2024
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`September 3, 2024
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`September 13, 2024
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`September 16, 2024
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`September 18, 2024
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`September 16, 2024
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`September 18, 2024
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` The proposed deadlines outlined above are reasonable and will allow the parties to present
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`their best cases. By amending the Docket Control Order pursuant to the parties’ proposed schedule,
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`the parties’ experts will be able to thoroughly prepare their reports based on all information gleaned
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`over the course of fact discovery. This will prevent future delay and unnecessary supplementation
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`of expert reports.
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`For the foregoing reasons, Touchstream respectfully asks the Court to extend the deadlines
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`as set forth above.
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`Case 2:23-cv-00059-JRG Document 57 Filed 05/24/24 Page 4 of 6 PageID #: 1418
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`
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`Dated: May 24, 2024
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`Respectfully Submitted,
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`/s/ Ryan Dykal
`Ryan Dykal
`BOIES SCHILLER FLEXNER LLP
`1401 New York Ave., N.W.
`Washington, DC 20005
`Phone: 202.274.1109
`Email: rdykal@bsfllp.com
`
`Melissa R. Smith
`State Bar No. 24001351
`GILLAM & SMITH, LLP
`303 South Washington Avenue
`Marshall, Texas 75670
`Telephone: (903) 934-8450
`Facsimile: (903) 934-9257
`Email: melissa@gillamsmithlaw.com
`
`Counsel for Plaintiff
`Touchstream Technologies, Inc.
`
`/s/ Ashok Ramani
`Ashok Ramani (CA Bar No. 200020)
`David J. Lisson (CA Bar No. 250994)
`James Y. Park (CA Bar No. 343659)
`Micayla E. Hardisty (CA Bar No. 333246)
`DAVIS POLK & WARDWELL LLP
`1600 El Camino Real
`Menlo Park, CA 94025
`ashok.ramani@davispolk.com
`david.lisson@davispolk.com
`james.park@davispolk.com
`micayla.hardisty@davispolk.com
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`Alena Farber (NY Bar No. 5896170)
`DAVIS POLK & WARDWELL LLP
`450 Lexington Avenue
`New York, NY 10017
`alena.farber@davispolk.com
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`Counsel for Comcast Defendants
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`/s/ Daniel L. Reisner
`ARNOLD & PORTER KAYE SCHOLER LLP
`Dina M. Hayes
`70 West Madison Street, Suite 4200
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`Case 2:23-cv-00059-JRG Document 57 Filed 05/24/24 Page 5 of 6 PageID #: 1419
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`Chicago, IL 60602
`dina.hayes@arnoldporter.com
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`Daniel L. Reisner
`David Benyacar
`Elizabeth A. Long
`Melissa Brown
`Robert Stout
`250 West 55th Street
`New York, NY 10019
`daniel.reisner@arnoldporter.com
`david.benyacar@arnoldporter.com
`elizabeth.long@arnoldporter.com
`melissa.brown@arnoldporter.com
`robert.stout@arnoldporter.com
`
`Counsel for Charter Defendants
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`Case 2:23-cv-00059-JRG Document 57 Filed 05/24/24 Page 6 of 6 PageID #: 1420
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`CERTIFICATE OF SERVICE
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`I hereby certify that on May 24, 2024, a copy of the foregoing was filed with the Clerk of
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`Court using the CM/ECF system, and all counsel of record who are deemed to have consented to
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`electronic service are being served with a notice of this document via the Court’s CM/ECF system.
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`/s/ Melissa R. Smith
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`CERTIFICATE OF CONFERENCE
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`I hereby certify that on May 16, 2024 I conferred with counsel for defendants via
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`teleconference where the defendants indicated they each would not oppose this motion.
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`/s/ Melissa R. Smith
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