`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE EASTERN DISTRICT OF TEXAS
`MARSHALL DIVISION
`
`
`
`
`CASE NO. 2:23-cv-00059-JRG
`(Lead Case)
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`
`
`
`CASE NO. 2:23-cv-00062-JRG
`(Member Case)
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`ORDER
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`
`TOUCHSTREAM TECHNOLOGIES, INC.,
`
`
`
`v.
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`CHARTER COMMUNICATIONS, INC., et
`al.,
`
`
`
`
`TOUCHSTREAM TECHNOLOGIES, INC.
`
`
`
`v.
`
`COMCAST CABLE COMMUNICATIONS,
`LLC d/b/a XFINITY, et al.,
`
`
`
`
`Plaintiff,
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`
`
`Defendants.
`
`Plaintiff,
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`
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`Defendants.
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`
`
`Before the Court is Comcast’s Motion to Dismiss Plaintiff’s Claims of Pre-Suit Willful
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`Infringement of the ’751 and ’934 Patents (the “Motion”) filed by Defendants Comcast Cable
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`Communications, LLC; Comcast Cable Communications Management, LLC; Comcast of
`
`Houston, LLC; and Comcast Corporation (collectively, “Comcast”). (Dkt. No. 38.) In the Motion,
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`Comcast requests the Court to dismiss with prejudice Plaintiff Touchstream Technologies, Inc.’s
`
`(“Plaintiff”) claims of pre-suit willful infringement with respect to U.S. Patent Nos. 11,048,751
`
`and 11,086,934 (the “2021 Patents”). (Id. at 1.) According to Comcast, Plaintiff’s Second
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`Amended Complaint for Patent Infringement (Dkt. No. 30, “SAC”) fails to cure pleading
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`
`
`1
`
`
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`Case 2:23-cv-00059-JRG Document 44 Filed 04/30/24 Page 2 of 3 PageID #: 1267
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`deficiencies the Court addressed in its March 14, 2024 Order, which dismissed Plaintiff’s First
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`Amended Complaint for Patent Infringement’s (No. 2:23-cv-00060, Dkt. No. 55) pre-suit willful
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`infringement claims.1 (Dkt. No. 38 at 3–7.) See Touchstream Techs., Inc. v. Altice USA, Inc., No.
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`2:23-cv-00060, 2024 WL 1117930, at *2–3 (E.D. Tex. Mar. 14, 2024). Specifically, Comcast
`
`argues that the SAC still fails to sufficiently plead pre-suit knowledge of the 2021 Patents. (Dkt.
`
`No. 38 at 3–7.)
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`In response, Plaintiff filed Touchstream Technologies, Inc.’s Notice of Non-Opposition to
`
`Comcast’s Motion to Dismiss Pre-Suit Willful Infringement of the ’751 and ’934 Patents (the
`
`“Notice”). (Dkt. No. 43.) In the Notice, Plaintiff states that it does not oppose the Motion,
`
`acknowledging that “[t]he issues raised in Comcast’s Motion were already decided in Comcast’s
`
`favor in the Court’s March 14, 2024, Order.” (Id. at 1 (citing Touchstream, 2024 WL 1117930, at
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`*2–3).) Moreover, Plaintiff admits that its “Second Amended Complaint only added factual
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`support for its claims of pre-suit willful infringement of the ’251 patent,” rather than for the 2021
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`Patents. (Id.)
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`Having considered the Motion and the briefing, and noting the Motion’s unopposed nature,
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`the Court is of the opinion that the Motion should be and hereby is GRANTED. Accordingly,
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`Plaintiff’s claims of pre-suit willful infringement with respect to the 2021 Patents are DISMISSED
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`WITH PREJUDICE. This Order only impacts the issue of willfulness and does not impact any
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`underlying infringement theory, direct or indirect.
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`1 The March 14, 2024 Order also addressed a third patent Plaintiff asserts against Comcast (U.S. Patent No.
`8,356,251 (the “’251 patent”)). However, the ’251 patent is not at issue in the Motion.
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`
`
`2
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`
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`Case 2:23-cv-00059-JRG Document 44 Filed 04/30/24 Page 3 of 3 PageID #: 1268
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`3
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`So Ordered this
`Apr 30, 2024
`
`
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