`#: 14867
`
`EXHIBIT 2
`
`
`
`Case 2:23-cv-00059-JRG-RSP Document 363-4 Filed 02/28/25 Page 2 of 5 PageID
`#: 14868
`
`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
`
`CHARTER DEFENDANTS'
` DISCLOSURE OF FINAL INVALIDITY THEORIES,
`FINAL PRIOR ART REFERENCES/COMBINATIONS, AND FINAL EQUITABLE
`DEFENSES PURSUANT TO THE THIRD AMENEDED DOCKET CONTROL ORDER
`
`
`
`
`Case 2:23-cv-00059-JRG-RSP Document 363-4 Filed 02/28/25 Page 3 of 5 PageID
`#: 14869
`
`Pursuant to the Third Amended Docket Control Order (Dkt. 205), Charter hereby discloses
`
`its final invalidity theories, final prior art references/combinations, and final equitable defenses.
`
`Charter reserves the right to supplement this statement as appropriate. Charter does not waive any
`
`claims or defenses that the Court denied in prior rulings, including on motions for summary
`
`judgment and during claim construction, and reserves the right to appeal those decisions. Further,
`Further,
`
`Charter reserves the right to present evidence regarding the state of the art as relevant to other
`Charter reserves the right to present evidence regarding the state of the art as relevant to other
`
`issues presented at trial.
`issues presented at trial.
`
`Charter understands that Touchstream accuses Charter of directly infringing claims 1 and
`
`7 of U.S. Patent No. 8,356,251; claims 12 and 13 of U.S. Patent No. 11,048,751; and claims 17,
`
`18 and 20 of U.S. Patent No. 11,086,934 (collectively,
`
`the "Asserted Claims" of the "Asserted
`
`.
`Patents")
`
`Charter will not be asserting at trial that the Asserted Patents are invalid under 35 U.S.C.
`Charter will not be asserting at trial that the Asserted Patents are invalid under 35 U.S.C.
`
`§§ 101, 102, 103.
`§§ 101, 102, 103.
`
`Charter will assert at trial that the Asserted Claims are invalid for lack of written description
`
`under 35 U.S.C. § 112.
`
`Dated: January 6, 2025
`January 6, 2025
`
`Respectfully submitted,
`
`/s/ Daniel L. Reisner
`Daniel L. Reisner, pro hac vice
`David Benyacar, pro hac vice
`Elizabeth A. Long
`Melissa Brown, pro hac vice
`Robert Stout, pro hac vice
`Arnold & Porter Kaye Scholer LLP
`250 West 55th Street
`New York, NY 10019
`daniel.reisner@arnoldporter.com
`david.benyacar@arnoldporter.com
`
`1
`
`
`
`Case 2:23-cv-00059-JRG-RSP Document 363-4 Filed 02/28/25 Page 4 of 5 PageID
`#: 14870
`
`
`
`elizabeth.long@arnoldporter.com
`melissa.brown@arnoldporter.com
`robert.stout@arnoldporter.com
`
`Dina M. Hayes, pro hac vice
`Arnold & Porter Kaye Scholer LLP
`70 West Madison Street, Suite 4200
`Chicago, IL 60602
`dina.hayes@arnoldporter.com
`
`Deron Dacus (State Bar No. 00790553)
`THE DACUS FIRM, P.C.
`821 ESE Loop 323, Suite 430
`Tyler, TX 75701
`Tel: (903) 705-1117
`Fax: (903) 581-2543
`ddacus@dacusfirm.com
`
`Carson D. Anderson, pro hac vice
`3000 El Camino Real, Bldg. 5, Suite 500
`Palo Alto, CA 94306
`carson.anderson@arnoldporter.com
`
`Marc A. Cohn, pro hac vice
`601 Massachusetts Avenue, NW
`Washington, DC 20001
`marc.cohn@arnoldporter.com
`
`Counsels for Defendant Charter
`Communications, Inc., Charter
`Communications Operating, LLC, Spectrum
`Management Holding Company, LLC, Time
`Warner Cable Enterprises, LLC, Spectrum Gulf
`Coast, LLC, Charter Communications, LLC
`
`
`
`
`
`
`
`
`
`
`
`Case 2:23-cv-00059-JRG-RSP Document 363-4 Filed 02/28/25 Page 5 of 5 PageID
`#: 14871
`
`
`
`
`
`CERTIFICATE OF SERVICE
`
`The undersigned certifies that the foregoing document and all attachments thereto are being
`
`filed electronically in compliance with Local Rule CV-5(a). As such, this document is being served
`
`January 6, 2025, on all counsel of record, each of whom is deemed to have consented to electronic
`
`service. L.R. CV-5(a)(3)(A).
`
`/s/ Daniel Reisner
`Daniel Reisner
`
`
`
`
`
`
`
`
`
`
Accessing this document will incur an additional charge of $.
After purchase, you can access this document again without charge.
Accept $ Charge
Still Working On It
This document is taking longer than usual to download. This can happen if we need to contact the court directly to obtain the document and their servers are running slowly.
Give it another minute or two to complete, and then try the refresh button.
A few More Minutes ... Still Working
It can take up to 5 minutes for us to download a document if the court servers are running slowly.
Thank you for your continued patience.
This document could not be displayed.
We could not find this document within its docket. Please go back to the docket page and check the link. If that does not work, go back to the docket and refresh it to pull the newest information.
Your account does not support viewing this document.
You need a Paid Account to view this document. Click here to change your account type.
Your account does not support viewing this document.
Set your membership
status to view this document.
With a Docket Alarm membership, you'll
get a whole lot more, including:
- Up-to-date information for this case.
- Email alerts whenever there is an update.
- Full text search for other cases.
- Get email alerts whenever a new case matches your search.
One Moment Please
The filing “” is large (MB) and is being downloaded.
Please refresh this page in a few minutes to see if the filing has been downloaded. The filing will also be emailed to you when the download completes.
Your document is on its way!
If you do not receive the document in five minutes, contact support at support@docketalarm.com.
Sealed Document
We are unable to display this document, it may be under a court ordered seal.
If you have proper credentials to access the file, you may proceed directly to the court's system using your government issued username and password.
Access Government Site
