Case 2:23-cv-00059-JRG-RSP Document 373-2 Filed 03/06/25 Page 1 of 8 PageID
`#: 15189
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`
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`IN THE UNITED STATES DISTRICT COURT
`FOR THE EASTERN DISTRICT OF TEXAS
`MARSHALL DIVISION
`
`TOUCHSTREAM TECHNOLOGIES, INC.,
`
`
`
`Plaintiff,
`
`v.
`
`Case No. 2:23-cv-00059-JRG
`
`CHARTER COMMUNICATIONS, INC. et
`al.,
`
`Defendants.
`
`
`
`VERDICT FORM1
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`
`
`In answering the following questions and completing this Verdict Form, you are to
`
`follow all the instructions that I have given you in the Court’s Final Jury Instructions. Your
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`answers to each question must be unanimous. Some of the questions contain legal terms that
`
`are defined and explained in detail in the Final Jury Instructions. You should refer to and
`
`consider the Final Jury Instructions as you answer the questions in this Verdict Form.
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`
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`1 Submissions that are agreed to by both Touchstream and Charter are not highlighted.
`Submissions proposed by Touchstream that are not agreed to by Charter are highlighted in green.
`Submissions proposed by Charter that are not agreed to by Touchstream are highlighted in blue.
`The parties have entered their objections, explanations, citations, and commentary in footnotes
`only.
`
`The parties reserve their respective rights to further object or propose revisions to this verdict form
`based on their pending motions or further development at trial.
`
`1
`
`
`#: 15189
`
`
`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE EASTERN DISTRICT OF TEXAS
`MARSHALL DIVISION
`
`TOUCHSTREAM TECHNOLOGIES, INC.,
`
`
`
`Plaintiff,
`
`v.
`
`Case No. 2:23-cv-00059-JRG
`
`CHARTER COMMUNICATIONS, INC. et
`al.,
`
`Defendants.
`
`
`
`VERDICT FORM1
`
`
`
`In answering the following questions and completing this Verdict Form, you are to
`
`follow all the instructions that I have given you in the Court’s Final Jury Instructions. Your
`
`answers to each question must be unanimous. Some of the questions contain legal terms that
`
`are defined and explained in detail in the Final Jury Instructions. You should refer to and
`
`consider the Final Jury Instructions as you answer the questions in this Verdict Form.
`
`
`
`
`
`
`
`1 Submissions that are agreed to by both Touchstream and Charter are not highlighted.
`Submissions proposed by Touchstream that are not agreed to by Charter are highlighted in green.
`Submissions proposed by Charter that are not agreed to by Touchstream are highlighted in blue.
`The parties have entered their objections, explanations, citations, and commentary in footnotes
`only.
`
`The parties reserve their respective rights to further object or propose revisions to this verdict form
`based on their pending motions or further development at trial.
`
`1
`
`
`
`Case 2:23-cv-00059-JRG-RSP Document 373-2 Filed 03/06/25 Page 2 of 8 PageID
`#: 15190
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`As used in this Verdict Form, the following terms have the following meanings:
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`“Touchstream” refers to Plaintiff Touchstream Technologies, Inc.
`
`“Charter” refers
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`to Defendants Charter Communications, Inc., Charter
`
`Communications Operating, LLC, Spectrum Management Holding Company,
`
`LLC, Time Warner Cable Enterprises, LLC, Spectrum Gulf Coast, LLC, and
`
`Charter Communications LLC.
`
`The “’251 Patent” refers to U.S. Patent No. 8,356,251.
`
`The “’751 Patent” refers to U.S. Patent No. 11,048,751.
`
`The “’934 Patent” refers to U.S. Patent No. 11,086,934.
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`The “Asserted Patents” refers collectively to the ’251 Patent, the ’751 Patent, and
`
`the ’934 Patent.
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`The “Asserted Claims” refers collectively to ’251 Patent claims 1 and 7; ’751
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`Patent claims 12 and 13; and ’934 Patent claims 17, 18, and 20.
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`•
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`•
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`•
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`•
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`•
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`•
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`•
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`2
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`Case 2:23-cv-00059-JRG-RSP Document 373-2 Filed 03/06/25 Page 3 of 8 PageID
`#: 15191
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`IT IS VERY IMPORTANT THAT YOU FOLLOW THE
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`INSTRUCTIONS PROVIDED IN THIS VERDICT FORM
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`
`
`
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`
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`READ THEM CAREFULLY AND ENSURE THAT YOUR
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`VERDICT COMPLIES WITH THEM
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`3
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`Case 2:23-cv-00059-JRG-RSP Document 373-2 Filed 03/06/25 Page 4 of 8 PageID
`#: 15192
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`QUESTION 1: INFRINGEMENT
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`Did Touchstream prove by a preponderance of the evidence that Charter infringed any of the
`
`following claims?
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`For each claim, answer “Yes” (for Touchstream) or “No” (for Charter).
`
`’251 Patent:
`
`Claim 1:
`
`Yes_______
`
`Claim 7:
`
`Yes_______
`
`’751 Patent:
`
`Claim 12:
`
`Yes_______
`
`Claim 13:
`
`Yes_______
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`’934 Patent:
`
`Claim 17:
`
`Yes_______
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`Claim 18:
`
`Yes_______
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`Claim 20:
`
`Yes_______
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`
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`
`
`
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`No_______
`
`No_______
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`No_______
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`No_______
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`No_______
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`No_______
`
`No_______
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`If you answered “Yes” to any of the above questions, please proceed to Question 2.
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`If you answered “No” to all of the above questions, do not answer any further questions, and
`go directly to the final page of the verdict form.
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`
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`4
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`Case 2:23-cv-00059-JRG-RSP Document 373-2 Filed 03/06/25 Page 5 of 8 PageID
`#: 15193
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`QUESTION 2: WILLFUL INFRINGEMENT
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`Did Touchstream prove by a preponderance of the evidence that Charter’s infringement of any of
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`the following patents was willful?
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`For each patent, answer “Yes” (for Touchstream) or “No” (for Charter).
`
`If you answered “No” for all claims in a particular patent in Question 1, do not answer the
`corresponding question regarding that patent below.
`
`
`
`’251 Patent:
`
`
`
`Yes_______
`
`
`
`No_______
`
`
`
`’751 Patent:
`
`Yes_______
`
`
`
`No_______
`
`
`
`’934 Patent:
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`
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`Yes_______
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`No_______
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`
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`Continue to Question 3.
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`5
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`Case 2:23-cv-00059-JRG-RSP Document 373-2 Filed 03/06/25 Page 6 of 8 PageID
`#: 15194
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`QUESTION 3: INVALIDITY
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`Did Charter prove by clear and convincing evidence that any of the following claims are invalid
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`due to a lack of sufficient written description?
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`For each claim, answer “Yes” (for Charter) or “No” (for Touchstream).
`
`If you answered “No” for a claim in Question 1, do not answer the corresponding question
`regarding that claim below.
`
`’251 Patent:
`
`Claim 1:
`
`Yes_______
`
`Claim 7:
`
`Yes_______
`
`’751 Patent:
`
`Claim 12:
`
`Yes_______
`
`Claim 13:
`
`Yes_______
`
`’934 Patent:
`
`Claim 17:
`
`Yes_______
`
`Claim 18:
`
`Yes_______
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`Claim 20:
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`Yes_______
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`No_______
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`No_______
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`No_______
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`No_______
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`No_______
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`No_______
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`No_______
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`If you answered “No” to any of the above questions, please proceed to Question 4.
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`If you only answered “Yes” to the above questions, please proceed directly to the final page of
`the verdict form.
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`6
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`Case 2:23-cv-00059-JRG-RSP Document 373-2 Filed 03/06/25 Page 7 of 8 PageID
`#: 15195
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`QUESTION 4: Damages
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`(a) Only if you have found a claim both infringed and valid, what amount would fairly and
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`reasonably compensate Touchstream for Charter’s infringement?
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`
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` $_______________________________________
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`
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`(b) Is the amount you awarded in Question 4(a) above a running royalty covering Charter’s
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`infringement only through the end of 2023, or is that amount a lump sum covering past and
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`future infringement by Charter?
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`Check one of the following
`
`
`
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`Running royalty:_____
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`
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`
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`Paid-up lump sum:_____
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`7
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`Case 2:23-cv-00059-JRG-RSP Document 373-2 Filed 03/06/25 Page 8 of 8 PageID
`#: 15196
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`FINAL PAGE OF JURY VERDICT FORM
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`You have now reached the end of the Verdict Form and should review it to ensure it
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`accurately reflects your unanimous determinations. The Jury Foreperson should then sign and
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`date the Verdict Form in the spaces below. Once this is done, notify the Court Security Officer
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`that you have reached a verdict. The Jury Foreperson should keep the Verdict Form and bring it
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`when the jury is brought back into the courtroom.
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`Signed this ____ day of ___________ 2025.
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` __________________________
` Jury Foreperson
`
`8
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`
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