`#: 14071
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`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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`TOUCHSTREAM TECHNOLOGIES, INC.,
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`Plaintiff,
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`v.
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`COMCAST CABLE COMMUNICATIONS,
`LLC, D/B/A XFINITY, et al.,
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`Defendants.
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`Lead Case No. 2:23-cv-00059-JRG
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`Member Case No. 2:23-cv-00062-JRG
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`DECLARATION OF MICHAEL I. SHAMOS, PH.D.
`IN SUPPORT OF CHARTER’S NOTICE OF TRIAL CONFLICT
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`Case 2:23-cv-00059-JRG-RSP Document 313-3 Filed 02/07/25 Page 2 of 4 PageID
`#: 14072
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`I, Michael I. Shamos, Ph.D., declare:
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`1.
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`I hold the title of Distinguished Career Professor in the School of Computer Science at
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`Carnegie Mellon University in Pittsburg, Pennsylvania, where I have been on the faculty since
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`1975.
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`2.
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`I was retained by the Charter Defendants (“Charter”) in this matter as a technical expert
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`and provided two expert reports in this matter, which include opinions on invalidity, infringement,
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`and value of the patented technology.
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`3.
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`4.
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`I understand that I will testify at the trial in this matter as Charter’s technical expert witness.
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`I am not available for a trial between April 21 and May 10, 2025 due to immovable
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`professional obligations at Carnegie Mellon University, specifically supervising a large project
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`wherein 35 students separated into six teams are delivering working software to paying third party
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`sponsors, and graduation ceremonies. They are more fully described more fully below.
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`a. I run the Master of Science in Artificial Intelligence and Innovation program at
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`Carnegie Mellon University. I teach a Capstone course in which the class of 35
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`students is divided into six teams for the entire spring semester to work on an
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`Artificial Intelligence development project for outside paying sponsors. Each team
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`must deliver working software to the sponsors, who have paid a combined total of
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`$250,000 for participation in this project. On May 7, 2025, there is an
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`independently judged competition regarding these projects. In the weeks leading
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`up to May 7, starting on Monday, April 21, I meet with each team twice a week to
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`ensure that they will be successful in delivering their system and are prepared for
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`the competition. Accordingly, I have 12 in-person meetings with the six teams each
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`2
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`Case 2:23-cv-00059-JRG-RSP Document 313-3 Filed 02/07/25 Page 3 of 4 PageID
`#: 14073
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`week during the weeks of April 21, April 28, and May 5. No other faculty member
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`has familiarity with these projects and no other faculty member could take my place
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`for these activities.
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`b. Additionally, the graduation ceremony for Carnegie Mellon University is on May
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`9, 2025, and the Ph.D. graduation ceremony for the School of Computer Science is
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`on May 10, 2025, at which I have responsibilities.
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`5.
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`I have been informed that there do not appear to be trials scheduled on the following dates
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`but provide this additional information for completeness:
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`a. I am not available for a trial between February 18 and February 25, 2025 because I
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`will be testifying as an expert witness in the matter of The Thomas L. Pearson and
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`the Person Family Members Foundation, et al. v. The University of Chicago, Case
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`No. 4:18-cv-00099-GKF-FHM (N.D. Oklahoma).1 Further, I am not available on
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`February 26, 2025, as I have a kidney ailment and am being seen by a specialist at
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`an appointment that took me months to secure.
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`b. I am not available for a trial that overlaps the date of Friday, March 28, 2025,
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`because the Carnegie Mellon School of Computer Science has a required
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`department retreat on this date that all faculty must attend.
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` I
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` declare under penalty of perjury that the above is true and correct.
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`1 I have been informed that the parties in the Pearson matter have reached a potential settlement.
`However, as of this writing, no notice of dismissal has been filed, and the trial may yet proceed.
`3
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`Case 2:23-cv-00059-JRG-RSP Document 313-3 Filed 02/07/25 Page 4 of 4 PageID
`#: 14074
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`Dated: February 5, 2025
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`Respectfully submitted,
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`______________________________
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`Michael I. Shamos, Ph.D.
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`4
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