Free Remark - District Court of Delaware - Delaware

Case 1:07-cv-00402-GMS

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Case 2:06-cv-00369-TJW-CE Document 61-2 Case 1:07-cv-00402-GMS Document 30

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IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTICT OF TEXAS MARSHALL DIVISION REMBRANDT TECHNOLOGIES, LP v. TIME WARNER CABLE INC. § § § § §

CASE NO. 2:06-cv-369 [TJW] JURY DEMANDED

NOTICE OF APPEARANCE OF ADDITIONAL COUNSEL FOR DEFENDANT TIME WARNER CABLE INC. Defendant Time Warner Cable Inc. (hereinafter "TWC"), files this its Notice of Appearance of Additional Counsel, and hereby notifies the Court that Allen F. Gardner of the law firm Potter Minton, A Professional Corporation, 110 N. College, Suite 500, Tyler, Texas 75702, is appearing as additional counsel for TWC in the above-referenced matter. All pleadings, discovery, correspondence and other material should be served upon counsel at the address referenced above. Respectfully submitted, POTTER MINTON A Professional Corporation 110 N. College, Suite 500 (75702) P. O. Box 359 Tyler, Texas 75710 (903) 597 8311 (903) 593 0846 (Facsimile) By: /s/ Allen F. Gardner Allen F. Gardner State Bar No. 24043679 [email protected]

ATTORNEYS FOR DEFENDANT TIME WARNER CABLE INC.

{A48\7477\0004\W0323523.1 }

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CERTIFICATE OF SERVICE I hereby certify that all counsel of record who have consented to electronic service and are being served with a copy of this document via the Court's CM/ECF system per Local Rule CV5(a)(3) on April 10, 2007. Any other counsel of record will be served by first class mail on this same date.

/s/Allen F. Gardner

___

{A48\7477\0004\W0323523.1 }

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UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TEXAS MARSHALL DIVISION

) ) Plaintiff, ) ) v. ) ) COMCAST CORPORATION, ET AL. ) ) Defendants. ) _____________________________________ )

REMBRANDT TECHNOLOGIES, LP

Case No. 2:05-CV-443-TJW

REMBRANDT TECHNOLOGIES, LP

) ) Plaintiff, ) ) v. ) ) COMCAST CORPORATION, ET AL. ) ) Defendants. ) _____________________________________ ) ) ) Plaintiff, ) ) v. ) ) TIME WARNER CABLE, INC. ) ) Defendant. ) _____________________________________ ) REMBRANDT TECHNOLOGIES, LP Plaintiff, v. TIME WARNER CABLE, INC. ) ) ) ) ) ) ) REMBRANDT TECHNOLOGIES, LP

Case No. 2:06-CV-506-TJW

Case No. 2:06-CV-369-TJW

Case No. 2:06-CV-224-TJW

US2000 9929402.1 C8490-331049

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) Defendant. ) _____________________________________ ) ) ) Plaintiff, ) ) v. ) ) CHARTER COMMUNICATIONS, INC., ) ET AL. ) ) Defendants. ) _____________________________________ ) REMBRANDT TECHNOLOGIES, LP ) ) Plaintiff, ) ) v. ) ) CHARTER COMMUNICATIONS, INC., ) ET AL. ) ) Defendants. ) _____________________________________ ) REMBRANDT TECHNOLOGIES, LP

Case No. 2:06-CV-507-TJW

Case No. 2:06-CV-223-TJW

NOTICE OF DEVELOPMENT Defendants Charter Communications, Inc., Charter Communications Operating, LLC., CoxCom, Inc., and Time Warner Cable, Inc. provide this notice of development. Attached is a Notice of Hearing issued by the Judicial Panel on Multidistrict Litigation, calendaring for hearing on May 31, 2007, the motion of CoxCom, Inc. for transfer and consolidation of the Rembrandt Technologies, LP, patent litigation pursuant to 28 U.S.C. §1407.

US2000 9929402.1 C8490-331049

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Dated: April 18th, 2007. Respectfully Submitted /s/ Allen F. Gardner Michael E. Jones Texas State Bar No. 10929400 [email protected] Diane V. DeVasto Texas State Bar No. 05784100 [email protected] Allen F. Gardner Texas State Bar No. 24043679 [email protected] POTTER MINTON, P.C. 110 North College 500 Plaza Tower Tyler, Texas 75702 Telephone: (903) 597-8311 Facsimile: (903) 593-0846 ATTORNEYS FOR CHARTER COMMUNICATIONS, INC., LLP, CHARTER COMMUNICATIONS OPERATING, LLC, COXCOM, INC., AND TIME WARNER CABLE, INC.

CERTIFICATE OF SERVICE I hereby certify that the following counsel of record who are deemed to have consented to electronic service are being served this 18th day of April, 2007, with a copy of this document via the Court's CM/ECF system per Local Rule CV-5(a)(3). Any other counsel of record will be served by first class mail on this same date. /s/ Allen F. Gardner Allen F. Gardner

US2000 9929402.1 C8490-331049

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IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TEXAS MARSHALL DIVISION REMBRANDT TECHNOLOGIES, LP V. CHARTER COMMUNICATIONS, INC., ET AL. § § § § §

CIVIL NO. 2:06-CV-223(TJW)

REMBRANDT TECHNOLOGIES, LP V. TIME WARNER CABLE, INC.

§ § § § §

CIVIL NO. 2:06-CV-224(TJW)

REMBRANDT TECHNOLOGIES, LP V. TIME WARNER CABLE, INC.

§ § § § §

CIVIL NO. 2:06-CV-369(TJW)

REMBRANDT TECHNOLOGIES, LP V. COMCAST CORPORATION, ET AL.

§ § § § §

CIVIL NO. 2:06-CV-506(TJW)

REMBRANDT TECHNOLOGIES, LP V. CHARTER COMMUNICATIONS, INC., ET AL.

§ § § § §

CIVIL NO. 2:06-CV-507(TJW)

ORDER REGARDING THE PROTECTIVE ORDER AND DOCUMENT PRODUCTION

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At the Scheduling Conference in the above five captioned cases, the Parties informed the Court that they were continuing to discuss the form of protective order to be entered in all five cases as well as the form of production for documents produced electronically and requested additional time to reach agreement or inform the Court of their disagreements. Pursuant to the Parties request, the Court hereby grants the Parties twenty-one (21) days from the date of Scheduling Conference, which is until Tuesday, April 24, 2007, to: 1. file an agreed upon Protective Order with the Court or inform the Court of the provisions in a proposed Protective Order on which the Parties cannot reach agreement and 2. inform the Court that the Parties have reached agreement on the form of production for documents produced electronically or inform the Court of the Parties' disagreements regarding electronic production.

SIGNED this 19th day of April, 2007.

___________________________________ CHARLES EVERINGHAM IV UNITED STATES MAGISTRATE JUDGE

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IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TEXAS MARSHALL DIVISION REMBRANDT TECHNOLOGIES, LP V. § § § § § § §

CIVIL NO. 2:06-CV-223(TJW)

CHARTER COMMUNICATIONS, INC., ET AL.

REMBRANDT TECHNOLOGIES, LP V. TIME WARNER CABLE, INC.

§ § § § §

CIVIL NO. 2:06-CV-224(TJW)

REMBRANDT TECHNOLOGIES, LP V. TIME WARNER CABLE, INC.

§ § § § §

CIVIL NO. 2:06-CV-369(TJW)

REMBRANDT TECHNOLOGIES, LP V. COMCAST CORPORATION, ET AL.

§ § § § §

CIVIL NO. 2:06-CV-506(TJW)

REMBRANDT TECHNOLOGIES, LP V. CHARTER COMMUNICATIONS, INC., ET AL.

§ § § § § §

CIVIL NO. 2:06-CV-507(TJW)

DOCKET CONTROL ORDER

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Monday, August 4, 2008

Jury Selection - 9:00 a.m. in Marshall, Texas for the initial case to be tried.

July 24, 2008

Pretrial Conference - 9:30 a.m. in Marshall, Texas

July 21, 2008

Joint Pretrial Order, Joint Proposed Jury Instructions and Form of the Verdict.

July 21, 2008

Motions in Limine (due three days before final Pre-Trial Conference). Three (3) days prior to the pre-trial conference provided for herein, the parties shall furnish a copy of their respective Motions in Limine to the Court by facsimile transmission, 903/935-2295. The parties are directed to confer and advise the Court on or before 3:00 o'clock p.m. the day before the pre-trial conference which paragraphs are agreed to and those that need to be addressed at the pre-trial conference. The parties shall limit their motions in limine to those issues which, if improperly introduced into the trial of the cause, would be so prejudicial that the Court could not alleviate the prejudice with appropriate instruction(s). Response to Dispositive Motions (including Daubert motions) Notice of Request for Daily Transcript or Real Time Reporting of Court Proceedings. If a daily transcript or real time reporting of court proceedings is requested for trial, the party or parties making said request shall file a notice with the Court and e-mail the Court Reporter, Susan Simmons, at [email protected]. For Filing Dispositive Motions and any other motions that may require a hearing (including Daubert motions) Responses to dispositive motions filed prior to the dispositive motion deadline, including Daubert Motions, shall be due in accordance with Local Rule CV-7(e). Motions for Summary Judgment shall comply with Local Rule CV56. 2

July 14, 2008

July 7, 2008

June 27, 2008

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May 28, 2008

Defendants to Identify Trial Witnesses

May 14, 2008

Plaintiff to Identify Trial Witnesses

May 14, 2008

Discovery Deadline

April 15, 2008

Conference to determine the case that will be tried August 4, 2008, the order in which the remainder of the cases will be tried and, if possible, a trial setting for the remaining cases.

April 7, 2008

or 30 Days after the claim construction ruling, whichever occurs later, Designate Rebuttal Expert Witnesses other than claims construction Expert witness report due Refer to Discovery Order for required information.

April 3, 2008

Status Report to Court in lieu of mediation

_________________

15 Days after claim construction ruling Comply with P.R. 3-8.

March 24, 2008

or 15 Days after claim construction ruling, whichever occurs later, Party with the burden of proof to designate Expert Witnesses other than claims construction Expert witness report due Refer to Discovery Order for required information.

February 13 and 14, 2008

Claim construction hearing or hearings 9:00 a.m., Marshall, Texas. Parties submit technology tutorials to the Court.

February 1, 2008

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January 21, 2008

Comply with P.R. 4-5(c).

January 11, 2008

Comply with P.R. 4-5(b).

December 24, 2007

Comply with P.R. 4-5(a).

December 7, 2007

Discovery deadline-claims construction issues

November 30, 2007

Respond to Amended Pleadings

November 16, 2007

Amend Pleadings (It is not necessary to file a Motion for Leave to Amend before the deadline to amend pleadings except to the extent the amendment seeks to add a new patent in suit. It is necessary to file a Motion for Leave to Amend after November 16, 2007).

November 16, 2007

Comply with P.R. 4-3.

October 16, 2007

Comply with P.R. 4-2.

September 26, 2007

Comply with P.R. 4-1.

August 3, 2007

Letter to the Court stating that there are no disputes as to claims of privileged documents.

June 11, 2007

Comply with Paragraph 3(b) of the Discovery Order

June 4, 2007

Privilege Logs to be exchanged by parties

June 11, 2007

Comply with P.R. 3-3. 4

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May 3, 2007

Join Additional Parties

April 28, 2007

Comply with P.R. 3-1

April 3, 2007

Scheduling Conference (All attorneys are directed to Local Rule CV-16 for scope of the Scheduling Conference).

The parties are directed to Local Rule CV-7(d), which provides in part that "[i]n the event a party fails to oppose a motion in the manner prescribed herein the court will assume that the party has no opposition." Local Rule CV-7(e) provides that a party opposing a motion has 12 days, in addition to any added time permitted under Fed. R. Civ. P. 6(e), in which to serve and file a response and any supporting documents, after which the court will consider the submitted motion for decision.

OTHER LIMITATIONS 1. All depositions to be read into evidence as part of the parties'case-in-chief shall be EDITED so as to exclude all unnecessary, repetitious, and irrelevant testimony; ONLY those portions which are relevant to the issues in controversy shall be read into evidence. The Court will refuse to entertain any motion to compel discovery filed after the date of this Order unless the movant advises the Court within the body of the motion that counsel for the parties have first conferred in a good faith attempt to resolve the matter. See Eastern District of Texas Local Rule CV-7(h). The following excuses will not warrant a continuance nor justify a failure to comply with the discovery deadline: (a) The fact that there are motions for summary judgment or motions to dismiss pending; The fact that one or more of the attorneys is set for trial in another court on the same day, unless the other setting was made prior to the date of this order or was made as a special provision for the parties in the other case; The failure to complete discovery prior to trial, unless the parties can 5

2.

3.

(b)

(c)

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demonstrate that it was impossible to complete discovery despite their good faith effort to do so.

SIGNED this 19th day of April, 2007.

___________________________________ CHARLES EVERINGHAM IV UNITED STATES MAGISTRATE JUDGE

6

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IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TEXAS MARSHALL DIVISION REMBRANDT TECHNOLOGIES, LP § § V. § § CHARTER COMMUNICATIONS, INC., ET AL. § § REMBRANDT TECHNOLOGIES, LP § § V. § § TIME WARNER CABLE, INC. § § REMBRANDT TECHNOLOGIES, LP § § V. § § TIME WARNER CABLE, INC. § § REMBRANDT TECHNOLOGIES, LP § § V. § § COMCAST CORPORATION, ET AL. § § REMBRANDT TECHNOLOGIES, LP § § V. § § CHARTER COMMUNICATIONS, INC., ET AL. § §

CIVIL NO. 2:06-CV-223(TJW)

CIVIL NO. 2:06-CV-224(TJW)

CIVIL NO. 2:06-CV-369(TJW)

CIVIL NO. 2:06-CV-506(TJW)

CIVIL NO. 2:06-CV-507(TJW)

NOTICE REGARDING THE PROTECTIVE ORDER At the Scheduling Conference, the Parties requested an additional three weeks to work on reaching an agreement with respect to a Protective Order in this case. In its April 19, 2007 Order Regarding Protective Order and Document Production (Doc. No. 68), the Court gave the parties

Dallas 237130v1

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three weeks to reach agreement on a Protective Order or inform the Court of any remaining disputes regarding the Protective Order. The Parties have reached agreement on a Protective Order and respectfully request that the Court enter the agreed upon Protective Order, which is attached hereto as Attachment A. DATED: April 24, 2007 Respectfully submitted, /s/ Sam Baxter Sam Baxter State Bar No. 01938000 McKOOL SMITH, P.C. 505 E. Travis, Suite 105 Marshall, Texas 75670 Telephone: (903) 927-2111 Telecopier: (903) 927-2622 [email protected] Jeffrey A. Carter State Bar No. 03919400 McKOOL SMITH, P.C. 300 Crescent Court, Suite 1500 Dallas, Texas 75201 Telephone: (214) 978-4006 Telecopier: (214) 978-4044 [email protected] Travis Gordon White State Bar No. 21333000 McKOOL SMITH, P.C. 300 W. 6th Street, Suite 1700 Austin, Texas 78701 Telephone: (512) 692-8700 Telecopier: (512) 692-8744 [email protected]

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/s/ Brooke A. M. Taylor Max L. Tribble, Jr. State Bar No. 20213950 Tibor L. Nagy State Bar 24041562 Email: [email protected] Email: [email protected] SUSMAN GODFREY L.L.P. 1000 Louisiana Street, Suite 5100 Houston, TX 77002 Tel: 713-651-9366 Fax: 713-654-6666 OF COUNSEL: Edgar Sargent WA State Bar No. 28283 Email: [email protected] SUSMAN GODFREY L.L.P. 1201 Third Avenue, Suite 3800 Seattle, WA 98101-3000 Tel: 206-516-3880 Fax: 206-516-3883 Brooke A.M. Taylor WA State Bar No. 33190 Email: [email protected] SUSMAN GODFREY L.L.P. 1201 Third Avenue, Suite 3800 Seattle, WA 98101-3000 Tel: 206-516-3880 Fax: 206-516-3883 Robert M. Parker State Bar No. 15498000 Robert Christopher Bunt State Bar No. 00787165 PARKER & BUNT, P.C. 100 E. Ferguson, Suite 1114 Tyler, Texas 75702 Telephone: (903) 531-3535 Telecopier: (903) 533-9687 [email protected] [email protected]

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Otis Carroll State Bar No. 03895700 Patrick Kelley State Bar No. 11202500 IRELAND, CARROLL & KELLEY, P.C. 6101 S. Broadway, Suite 500 Tyler, Texas 75703 Telephone: (903) 561-1600 Telecopier: (903) 581-1071 [email protected] Calvin Capshaw State Bar No. 03783900 Andrew W. Spangler State Bar No. 24041960 BROWN McCARROLL LLP 1127 Judson Road, Suite 220 P.O. Box 3999 (75606-3999) Longview, Texas 75601-5157 Telephone: (903) 236-9800 Telecopier: (903) 236-8787 [email protected] [email protected] Franklin Jones, Jr. State Bar No. 00000055 JONES & JONES, INC. 201 W. Houston Street P. O. Drawer 1249 Marshall, TX 75670 Telephone: 903-938-4395 Telecopier: 903-938-3360 [email protected] ATTORNEYS FOR PLAINTIFF REMBRANDT TECHNOLOGIES, LP

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/s/ Michael E. Jones Michael E. Jones State Bar No. 10929400 Diane DeVasto POTTER MINTON, P.C. A Professional Corporation 110 N. College, Suite 500 (75702) P. O. Box 359 Tyler, Texas 75710 Telephone: (903) 597-8311 Telecopier: (903) 593-0846 [email protected] David S. Benyacar Michael A. Rogoloff KAYE SCHOLER 425 Park Avenue New York, NY 10022 Tel: 212-836-8000 Fax: 212-836-8689 [email protected] ATTORNEYS FOR DEFENDANT TIME WARNER CABLE INC.

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/s/ Jennifer Haltom Doan Jennifer Haltom Doan Texas Bar No. 08809050 John Peyton Perkins, III Texas Bar No. 24043457 HALTOM & DOAN, LLP 6500 N. Summerhill Road, Suite 1A P. O. Box 6227 Texarkana, TX 75505-6227 Tel: 903-255-1000 Fax: 903-255-0800 Brian Ferral Leo Lam Asim M. Bhansali Matthias A. Kamber KEKER & VAN NEST, LLP 710 Sansome Street San Francisco, CA 9411-1704 Tel: 415-676-2235 Fax: 415-397-7188 ATTORNEYS FOR DEFENDANTS COMCAST CORPORATION, COMCAST CABLE, COMMUNICATIONS, LLC, and COMCAST OF PLANO, LP

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/s/ Michael E. Jones Bradford P. Lyerla, Attorney in Charge [email protected] Kevin D. Hogg [email protected] William J. Kramer [email protected] Paul B. Stephens [email protected] MARSHALL, GERSTEIN & BORUN LLP 6300 Sears Tower 233 South Wacker Drive Chicago, IL 60606-6357 Tel: 312-474-6300 Fax: 312-474-0448 Michael E. Jones State Bar No. 10929400 POTTER MINTON, PC 110 North College 500 Plaza Tower Tyler, TX 75702 Tel: 903-597-8311 Fax: 903-593-0846 [email protected] ATTORNEYS FOR DEFENDANTS CHARTER COMMUNICATIONS, INC. CHARTER COMMUNICATIONS OPERATING, LLC

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/s/ Michael E. Jones Mitchell G. Stockwell Lead Attorney Georgia Bar No. 682912 KILPATRICK STOCKTON LLP 1100 Peachtree Street NE Suite 2800 Atlanta, GA 30309-4530 Tel: 404-815-6214 Fax: 404-815-6555 Michael E. Jones State Bar No. 10929400 [email protected] Allen F. Gardner State Bar No. 24043679 [email protected] POTTER MINTON, P.C. A Professional Corporation 110 N. College, Suite 500 (75702) P. O. Box 359 Tyler, TX 75710 Tel: 903-597-8311 Fax: 903-593-0846 ATTORNEYS FOR DEFENDANT COXCOM, INC. CERTIFICATE OF SERVICE The undersigned certifies that the foregoing document was filed electronically in compliance with Local Rule CV-5(a). As such, this document was served on all counsel who have consented to electronic service. Local Rule CV-5(a)(3)(A). Pursuant to Fed. R. Civ. P. 5(d) and Local Rule CV-5(e), all other counsel of record not deemed to have consented to electronic service were served with a true and correct copy of the foregoing by U.S. mail, on this the 24th day of April 2007. /s/ Sam Baxter Sam Baxter

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CERTIFICATE OF SERVICE The undersigned certifies that the foregoing document was filed electronically in compliance with Local Rule CV-5(a). As such, this document was served on all counsel who have consented to electronic service. Local Rule CV-5(a)(3)(A). Pursuant to Fed. R. Civ. P. 5(d) and Local Rule CV-5(e), all other counsel of record not deemed to have consented to electronic service were served with a true and correct copy of the foregoing by U.S. mail, on this the 24th day of April 2007. /s/ Brooke A.M. Taylor Brooke A.M. Taylor

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Attachment A

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IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TEXAS MARSHALL DIVISION

§ § V. § § CHARTER COMMUNICATIONS, INC., ET AL. § § REMBRANDT TECHNOLOGIES, LP § § V. § § TIME WARNER CABLE, INC. § § REMBRANDT TECHNOLOGIES, LP § § V. § § TIME WARNER CABLE, INC. § § REMBRANDT TECHNOLOGIES, LP § § V. § § COMCAST CORPORATION, ET AL. § § REMBRANDT TECHNOLOGIES, LP § § V. § § CHARTER COMMUNICATIONS, INC., ET AL. § §

REMBRANDT TECHNOLOGIES, LP

CIVIL NO. 2:06-CV-223(TJW)

CIVIL NO. 2:06-CV-224(TJW)

CIVIL NO. 2:06-CV-369(TJW)

CIVIL NO. 2:06-CV-506(TJW)

CIVIL NO. 2:06-CV-507(TJW)

PROTECTIVE ORDER WHEREAS, Plaintiff Rembrandt Technologies, LP ("Rembrandt"), and Defendants Charter Communications, Inc., Charter Communications Operating, LLC (collectively, "Charter"), and CoxCom, Inc. ("CoxCom") in the 223 and 507 cases, Defendants Time Warner Cable Inc., Time Warner Cable LLC, Time Warner New York Cable LLC, Time Warner

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Entertainment Company, L.P., and Time Warner Entertainment-Advance/Newhouse Partnership (collectively, "Time Warner") in the 224 and 369 cases, and Defendants Comcast Corporation, Comcast Cable Communications, LLC, and Comcast of Plano LP (collectively, "Comcast") in the 506 case, through counsel, stipulate to entry of this Protective Order ("Order") in their respective case or cases pursuant to Fed. R. Civ. P. 26(c) to prevent unnecessary disclosure or dissemination of confidential information; and WHEREAS, Rembrandt, Charter, CoxCom, Time Warner, and Comcast are collectively referred to herein as the "parties;" and WHEREAS, the parties recognize that confidential information is being produced for use in this civil action; IT IS HEREBY ORDERED that the following provisions of this Order shall govern the treatment of confidential information produced by a party ("Producing Party")1 to any other party ("Receiving Party") in the course of this civil action: 1. The term "Confidential Information" as used in this Order includes all

information and tangible things that constitute or disclose trade secrets or other confidentia1 or proprietary information of one of the parties. Confidential Information may be contained in discovery information or materials produced or obtained in this action by or through any means and by or through any person or entity. The Confidential Information contained therein and all copies, recordings, abstracts, excerpts, analyses or other writings that contain, reveal or otherwise disclose such Confidential Information shall also be deemed Confidential Information.

The parties agree that all references to "Producing Party" in this Protective Order be construed to include third parties producing documents in one or more of these cases.

1

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2.

Confidential Information shall be disclosed, disseminated and used by the

Receiving Party only for purposes of litigation between the parties to this action. Except with the prior written consent of the Producing Party or upon prior order of this Court, Confidential Information shall not be disclosed except in accordance with the terms, conditions, and restrictions of this Order 3. Produced documents, interrogatory responses, responses to requests for admission

and other documents containing "Confidential Information" shall be marked by conspicuously affixing a legend, which includes the words "CONFIDENTIAL," or "HIGHLY CONFIDENTIAL--ATTORNEYS' EYES ONLY", as appropriate, on each page containing Confidential Information at the time such documents are produced or such information is disclosed (or on the cover or container of computer storage media, such as discs or tapes). The parties may designate material other than the produced documents as containing Confidential Information in the following manner: (a) Testimony or information disclosed at a deposition that contains

Confidential Information or Highly Confidential Information may be designated by indicating on the record at the deposition the portions of the testimony which contain such information that is to be made subject to the provisions of this Order. Alternatively, a Producing Party may designate testimony or information disclosed at a deposition, including exhibits, that contains Confidential Information or Highly Confidential Information by notifying all parties in writing, within fifteen (15) days after the Producing Party's receipt of the transcript, of the specific pages and lines of the transcript that contain such information. Whether or not designation is made at the time of a deposition, accessibility to each transcript (and the information contained therein) of any deposition in its entirety shall be limited to outside counsel of record and designated in-

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house counsel only, from the taking of the deposition until fifteen (15) days after the actual receipt of the transcript by the Producing Party, or until receipt of the notice referred to in this paragraph, whichever occurs sooner. At the expiration of the said fifteen (15) day period, unless notice hereunder to the contrary is given at the time of the deposition or prior to the expiration of said period, the entire transcript shall be deemed non-confidential. (b) Confidential Information or Highly Confidential Information contained in

any affidavits, briefs, memoranda or other papers filed with the Court in this action may be designated as Confidential Information or Highly Confidential Information by indicating on the face of such documents that one or more parties considers them to contain such information. 4. The parties may designate as HIGHLY CONFIDENTIAL--ATTORNEYS' EYES

ONLY any materials that qualify for protection under the standards developed under Fed. R. Civ. P. 26(c) and which comprises (a) technical information that the producing party reasonably deems highly confidential, including but not limited to proprietary technical information and trade secrets; or (b) business or financial information that the producing party reasonably deems highly confidential, such as, for example, business plans or forecasts, cost or pricing information, sales volume or revenue information, profit margin information, marketing plans or strategy, the identity of current or potential customers or suppliers, accounting information not of public record, information subject to a confidentiality agreement with a third party, or the like. The foregoing categories are by way of example only and shall not limit the categories of information a party may designate HIGHLY CONFIDENTIAL--ATTORNEYS' EYES ONLY under this order; provided, however, that any such designation must be made by the producing party in good faith and with reasonable justification. Subject to the provisions of paragraphs 6 and 7 herein, material designated as HIGHLY CONFIDENTIAL--ATTORNEYS' EYES ONLY,

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and any summary, description or report of the information contained in such materials, may be disclosed only to the following persons: (a) the Court, persons employed by the Court, and stenographers transcribing

the testimony or argument at a hearing, trial or deposition in this action or any appeal therefrom; (b) technical and damages consultants and experts who are not current

employees of any party in this matter and who have been retained by counsel to provide assistance in this action, with disclosure only to the extent necessary to perform such work; (c) graphics, translation, design and/or trial consulting services, including

mock jurors, retained by a party; (d) source code escrow agents, photocopy, document imaging and database

services, and consultants retained by counsel to set up, maintain and/or operate computer systems, litigation databases or to convert data for inclusion in such databases; (e) John Meli, Executive Vice President and General Counsel of Rembrandt,

Andrew T. Block, Esq. of Time Warner, Kirill Y. Abramov, Esq. of Charter, Marcus Delgado, Esq. of CoxCom and David Marcus, Esq. of Comcast; and two (2) paralegals and/or clerical employees assisting each of the identified in-house counsel; and (f) the parties' outside counsel of record in this action as specifically set forth

below and any other counsel for a party that appears in this action, and their paralegal assistants, law clerks, stenographic and clerical employees who are assisting in the prosecution, defense and/or appeal of this action. Any individual outside counsel of record who receives information designated HIGHLY CONFIDENTIAL--ATTORNEYS' EYES ONLY may not participate in patent prosecution for the Receiving Party, and the individual outside counsel who receives any

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such information may not discuss the information with anyone involved in patent prosecution for the Receiving Party. Outside counsel of record for the parties are as follows: For Rembrandt in the 223 case: McKool Smith P.C. 300 Crescent Court, Suite 1500 Dallas, Texas 75201 Parker & Bunt 100 E. Ferguson, Suite 1114 Tyler, Texas 75702 Jones & Jones, Inc., P.C. 201 West Houston St., Drawer 1249 Marshall, Texas 75671-1249 For Rembrandt in the 224 case: McKool Smith P.C. 300 Crescent Court, Suite 1500 Dallas, Texas 75201 Parker & Bunt 100 E. Ferguson, Suite 1114 Tyler, Texas 75702 Ireland, Carroll & Kelly, P.C. 61101 S. Broadway, Suite 500 Tyler, Texas 75703 Brown McCarroll LLP 1127 Judson Road, Suite 220 P.O. Box 3999 (75606-3999) Longview, Texas 75601-5157 For Rembrandt in the 369 Case: Susman Godfrey LLP 1000 Louisiana Street, Suite 5100 Houston, TX 77002-5096 Parker & Bunt 100 E. Ferguson, Suite 1114 Tyler, Texas 75702 6
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Ireland, Carroll & Kelly, P.C. 61101 S. Broadway, Suite 500 Tyler, Texas 75703 Brown McCarroll LLP 1127 Judson Road, Suite 220 P.O. Box 3999 (75606-3999) Longview, Texas 75601-5157 For Rembrandt in the 506 Case: Susman Godfrey LLP 1000 Louisiana Street, Suite 5100 Houston, TX 77002-5096 Ireland, Carroll & Kelly, P.C. 61101 S. Broadway, Suite 500 Tyler, Texas 75703 Jones & Jones, Inc., P.C. 201 West Houston St., Drawer 1249 Marshall, Texas 75671-1249 Brown McCarroll LLP 1127 Judson Road, Suite 220 P.O. Box 3999 (75606-3999) Longview, Texas 75601-5157 Parker & Bunt 100 E. Ferguson, Suite 1114 Tyler, Texas 75702 For Rembrandt in the 507 Case: Susman Godfrey LLP 1000 Louisiana Street, Suite 5100 Houston, TX 77002-5096 Parker & Bunt 100 E. Ferguson, Suite 1114 Tyler, Texas 75702 Jones & Jones, Inc., P.C. 201 West Houston St., Drawer 1249 Marshall, Texas 75671-1249 7
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For Charter in the 223 and 507 cases: Marshall, Gerstein & Borun LLP 6300 Sears Tower 233 South Wacker Drive Chicago, Illinois 60606-6357 Potter Minton, PC 1100 North College 500 Plaza Tower Tyler, Texas 75702 For Coxcom in the 223 and 507 cases: Kilpatrick Stockton LLP 1100 Peachtree Street NE, Suite 2800 Atlanta, Georgia 30309-4530 Potter Minton, PC 1100 North College 500 Plaza Tower Tyler, Texas 75702 For Time Warner in the 224 and 369 cases: Kaye Scholer LLP 425 Park Avenue New York, New York 10022 Potter Minton, PC 1100 North College 500 Plaza Tower Tyler, Texas 75702 For Comcast in the 506 case: Keker & Van Nest, LLP 710 Sansome Street San Francisco, California 94111-1704 Halton & Doan, LLP 6500 N. Summerhill Road, Suite 1A P.O. Box 6227 Texarkana, Texas 75505-6277

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Gillam & Smith LLP 303 South Washington Avenue Marshall, TX 75670

5.

The parties may designate as CONFIDENTIAL any materials that qualify for

protection under the standards developed under Fed. R. Civ. P. 26(c). Subject to the provisions of paragraphs 6 and 7 herein, material designated as CONFIDENTIAL, and any summary, description or report of the information contained in such materials, may be disclosed only to the following persons: (a) the Court, persons employed by the Court, and stenographers transcribing

the testimony or argument at a hearing, trial or deposition in this action or any appeal therefrom; (b) technical and damages consultants and experts who are not current

employees of any party in this matter and who have been retained by counsel to provide assistance in this action, with disclosure only to the extent necessary to perform such work; (c) graphics, translation, design and/or trial consulting services, including

mock jurors, retained by a party; (d) photocopy, document imaging and database services and consultants

retained by counsel to set up, maintain and/or operate computer systems, litigation databases or to convert data for inclusion in such databases; (e) John Meli, and Paul Schneck, Chief Executive Officer of Rembrandt,

Andrew T. Block, Esq. of Time Warner, Kirill Y. Abramov, Esq. of Charter, Marcus Delgado, Esq. of CoxCom and David Marcus, Esq. of Comcast and one other employee for each of Charter, CoxCom, Time Warner, and Comcast (following identification of each other employee

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to each of the other parties and approval by the other parties, such approval not to be unreasonably withheld); and two (2) clerical employees assisting each party's in-house counsel and other employee; and (f) the parties' outside counsel of record in this action and any other counsel

for a party that appears in this action, and their paralegal assistants, law clerks, stenographic and clerical employees who are assisting in the prosecution, defense and/or appeal of this action 6. (a) A party may exclude from a deposition any person who is not entitled to

view Confidential Information or Highly Confidential Information when such information is the subject of examination. (b) No Confidential Information or Highly Confidential Information shall be

revealed or disclosed, in whole or in part, directly or indirectly, to any individual described in subparagraphs 4(b)-(e) and 5(b)-(e) until that individual has been given a copy of this Order and has duly completed and signed an undertaking in the form attached hereto as Exhibit A, the original of which shall be retained, until the conclusion of this action including all appeals, by counsel for each party who intends to or does disclose to such individual any Confidential Information or Highly Confidential Information. (c) Before individuals under subparagraphs 4(b) and 5(b) may have access to

Confidential Information or Highly Confidential Information, the Receiving Party must submit to the Producing Party the individual's signed undertaking as well as the individual's curriculum vitae setting forth his or her name, address, qualifications and relevant work experience, including, but not limited to, the identity of any company in the telecommunications industry for whom said individual has consulted or worked during the last five (5) years. If the Producing Party does not object in writing, within five (5) business days from receipt of the undertaking, 10
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Confidential Information or Highly Confidential Information may then be disclosed to the retained consultant or former employee. If timely objection is made, the parties shall attempt in good faith to resolve the disclosure issue. If the issue cannot be resolved, the Producing Party has fifteen (15) days from receipt of the undertaking to bring a motion to preclude the retained consultant or former employee from viewing the Producing Party's Confidential Information or Highly Confidential Information. If the Producing Party does not bring such a timely motion, Confidential Information or Highly Confidential Information may be disclosed to the retained consultant or former employee. (d) Pursuant to subparagraph 6(c), the disclosure of the identity of a

consulting expert will not be a waiver of any privilege or right to withhold from production that applies to communications or work product. Furthermore, the parties agree that by stipulating to the entry of this Protective Order; the parties do not intend to modify in any way the normal discovery rules applicable to consulting experts, or other agreements reached between the parties regarding such discovery. 7. In addition to the terms set forth in paragraphs 4 through 6 herein governing the

disclosure of Confidential Information or Highly Confidential Information, information or materials that contain, embody, or otherwise reflect source code of a party or a third party subpoenaed for such source code in one or more of the above captioned cases shall be provided the following further protections: (a) Any and all such source code, except for hard (non-electronic) copies,

shall be stored and viewed only at the offices of one (1) agreed-upon source code custodian ("Source Code Custodian"). The source code shall initially be deposited at a facility in the Los Angeles metropolitan region. After 45 days, the source code shall be transferred to a facility in 11
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the Dallas metropolitan region. Where source code is deposited by a third party, this subparagraph may be modified by written agreement of the parties and the third party depositing source code; in all other cases, this subparagraph may be modified by written agreement of the parties. (b) Subject to subparagraphs (c) and (d), any source code produced in

electronic form shall be stored and viewed only at the offices of the Source Code Custodian and shall be maintained in a secured, locked area. No electronic copies of source code shall be made. Any such source code shall only be viewed or analyzed on a stand-alone computer (a computer that is not connected to any internal or external computer or computer network) located within the above-described locations. The Source Code Custodian shall maintain a Source Code Access Log identifying, for each and every time any source code is viewed, accessed or analyzed: (1) the name of each person who accessed the code; (2) the date and time of access; (3) the length of time of access; and (4) whether any hard (non-electronic) copies of any portion of the code were copied and the portion of the code copied. The Receiving Party reviewing source code shall be allowed to make hard (non-electronic) copies of material that they, in good faith, consider relevant. The parties shall negotiate reasonable limitations on the amount of source code that is released by Producing Party at any given time. (c) Any hard (non-electronic) copies of source code shall be stored and

viewed only within the United States at: (i) a secured, locked area in one of the offices of the Source Code

Custodian, each such location within the United States, provided the hard (non-electronic) copies are marked with the designation "HIGHLY CONFIDENTIAL--ATTORNEYS' EYES ONLY"; (ii) the Court; 12
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(iii) (iv)

the site where any deposition relating to the source code is taken; any intermediate location reasonably necessary to transport the

information (e.g., a hotel prior to the deposition.) (d) For each and every hard (non-electronic) copy of any source code, or any

portion of any source code, the Source Code Custodian shall maintain a log detailing the location of the copy. Excessive reproduction of source code should be avoided. (e) Prior to the Receiving Party taking possession of a hard (non-electronic)

copy of source code as provided for under this paragraph, the Receiving Party shall inform the Producing Party as to specifically what portions of source code it plans to take into its possession. The Producing Party shall then have twenty-four (24) hours if informed on a weekday, or seventy two (72) hours if informed on a weekend in which to object in writing to the Receiving Party as to the extent or relevance of the source code the reviewing party seeks to possess. If objection is made, the parties shall meet and confer in good faith within three (3) business days and attempt to resolve the objection. If the objection is not resolved, the Producing Party shall have five (5) business days after the conference to file a motion with the Court for relief from production of the subject portions of source code. The subject portions of source code shall be retained by the Producing Party, pending the court's resolution of the motion. (f) To the extent any source code becomes an exhibit to a deposition, one

copy of the exhibit may be maintained at the U.S. office of outside counsel of record for each party in a secure, locked area. Counsel shall not designate source code as an exhibit solely for authentication purposes and shall only designate as an exhibit that portion of source code reasonably necessary for questioning. 13
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8.

Designation of confidential Information or Highly Confidential Information as

"HIGHLY CONFIDENTIAL--ATTORNEYS' EYES ONLY" or "CONFIDENTIAL" shall constitute a representation that such information has been reviewed by an attorney for the Producing Party and that there is a valid basis for such designation. Subject to the conditions set forth in Paragraph 7, Confidential Information or Highly Confidential Information shall be maintained by the Receiving Party under the overall supervision of outside counsel. The attorneys of record for the parties shall exercise best efforts to ensure that the information and documents governed by this Protective order are (i) used only for the purposes set forth herein, and (ii) disclosed only to authorized persons. Moreover, any person in possession of Confidential Information or Highly Confidential Information shall exercise reasonably appropriate care with regard to the storage, custody or use of such Confidential Information or Highly Confidential Information in order to ensure that the confidential or restricted nature of the same is maintained. 9. It is the intention of this Protective Order that the following categories of

information shall not be and should therefore not be designated as Confidential Information or Highly Confidential Information: (a) any information that at the time of its disclosure in this action is part of the public domain by reason of publication or otherwise; (b) any information that after its disclosure in this action has become part of the public domain by reason of publication or otherwise though no act, omission or fault of the Receiving Party; (c) any information that at the time of its disclosure in this action is rightfully in the possession of the Receiving Party, its trial counsel or any expert retained by or for the Receiving Party under no obligations of confidence to any third party with respect to that information; or (d) any information that after its disclosure in this action is rightfully received by the Receiving Party, its

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trial counsel or any expert retained by or for the Receiving Party under no obligations of confidence or otherwise from any third party having the right to make such disclosure. During the pendency of this action, any disputes as to whether information is confidential under the terms of this Order shall be resolved according to the procedure set forth in paragraph 10 hereof. 10. If a party disagrees with any Confidential Information or Highly Confidential

Information designation, such party shall first make its objection known to the Producing Party and request a change of designation. The parties shall first try to dispose of such dispute in good faith on an informal basis. If the dispute cannot be resolved, the party challenging the designation may request appropriate relief from the Court no sooner than five (5) days following the service of a written notice of disagreement. The burden of proving that information has been properly designated as Confidential Information or Highly Confidential Information is on the party making such designation. Until a determination by the Court, the information in issue shall be treated as Confidential Information or Highly Confidential Information and subject to the terms of this Order. Any failure to object to any material being designated as Confidential Information or Highly Confidential Information shall not be construed as an admission by any non-designating party that the material constitutes or contains a trade secret or other confidential information. 11. During the course of preparing for a deposition or testimony, unless otherwise

entitled to access under this Protective Order, a fact deponent/witness may be shown Confidential Information or Highly Confidential Information from another party's documents strictly limited to those documents which on their face reveal that they were authored or received by the deponent/witness in the normal course of business and outside the context of this litigation. This shall not preclude a Producing Party from showing documents that it has

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produced to its own witnesses and deponents, regardless whether the Producing Party has designated the document(s) it produced as Confidential and regardless whether such person was the author or a recipient of the document. 12. At the deposition of a third party or former employee of a Producing Party, such

third party or former employee of a Producing Party may be shown documents designated as Confidential only if the document was authored by or received by that third party or former employee. 13. Any person receiving Confidential Information or Highly Confidential

Information shall not disclose such information to any person who is not entitled to receive such information under this Order. If Confidential Information or Highly Confidential Information is disclosed to any person not entitled to receive disclosure of such information under this Order, the person responsible for the disclosure will inform counsel for the Producing Party and, without prejudice to other rights and remedies of any party, make a reasonable good faith effort to receive such material and to prevent further disclosure by the person who received such information. 14. Written material constituting or revealing Confidential Information or Highly

Confidential Information, when filed with the Court in this action for any reason, shall be filed in sealed envelopes or other appropriate sealed containers on which shall be endorsed the title of this action, an indication of the nature of the contents of such sealed envelope or other container, a designation in the form set forth in paragraphs 4 or 5 hereof, and a statement substantially in the following form: HIGHLY CONFIDENTIAL-ATTORNEYS' EYES ONLY FILED UNDER SEAL PURSUANT TO COURT ORDER

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Civil Action No. [appropriate case number][TJW ] 15. The Clerk of the Court is directed to place and maintain under seal in accordance

with this Order any such pleading or other document filed with or delivered to this Court pursuant to Paragraph 14 or any other provision thereof. 16. Nothing herein shall prevent disclosure beyond the terms of this Order if the party

producing Confidential Information or Highly Confidential Information consents in writing to such disclosure, or if the Court, after notice to all affected parties, orders or permits such disclosure 17. The inadvertent production in discovery of any privileged or otherwise protected

or exempted information, as well as the inadvertent production in discovery of information without an appropriate designation of confidentiality, shall not be deemed a waiver or impairment of any claim or privilege or protection including but not limited to the attorneyclient privilege, the protection afforded to work-product materials or the subject matter thereof, or the confidential nature of any such information, provided that the Producing Party shall promptly notify the Receiving Party in writing when inadvertent production is discovered. Upon receiving written notice from the Producing Party that privileged information or work-product material has been inadvertently produced, all such information, and all copies thereof, shall be returned to counsel for the Producing Party and the Receiving Party shall not use such information for any purpose until further Order of the Court. 18. Any violation of the terms of this Protective Order shall be punishable by money

damages, interim or final injunctive or other equitable relief, sanctions, contempt of court citation, or such other or additional relief as deemed appropriate by the Court.

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19.

Until such time as this Protective Order has been entered by the Court, the parties

agree that upon execution by the parties, it will be treated as though it had been "So Ordered." 20. Third parties who produce information in this action may avail themselves of the

provisions of this Protective Order, and discovery materials produced by third parties shall then be treated by the parties in conformance with this Protective Order. 21. By entering this Order and limiting the disclosure of information in this case, the

Court does not intend to preclude another court from finding that such information may be relevant and subject to disclosure in another case. Any person or party subject to this order that may be subject to a motion to disclose another party's information designated Confidential or Highly Confidential pursuant to this order, shall promptly notify that party of the motion so that it may have an opportunity to appear and be heard on whether that information should be disclosed. 22. In the event that any of the parties (a) is subpoenaed in another action, (b) is

served with a demand in another action to which it is a party, or (c) is served with any other legal process by a person not a party to this litigation, and is requested to produce or otherwise disclose discovery material that is designated as Confidential by another party, the party subpoenaed or served in accordance with this paragraph shall object to production of the Confidential material and shall give prompt written notice to the Producing Party. Should the person seeking access to the Confidential material take action against the party covered by this Order to enforce such a subpoena, demand or other legal process, it shall respond by setting forth the existence of this Order. Nothing in this Order shall be construed as requiring production of Confidential material covered by this Order

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23.

(a)

Within sixty (60) days after filing of the final judgment in this action, or if

such judgment is appealed from, entry of a mandate affirming such final judgment, all Confidential Information or Highly Confidential Information shall be destroyed by all Receiving Parties or shall be returned to the Producing Party at the written election of the Producing Party which election shall be made within twenty days of the filing of the aforementioned final judgment or mandate. If any Receiving Party destroys any such Confidential Information or Highly Confidential Information, that party shall inform the Producing Party in writing. (b) Notwithstanding the foregoing, one designated outside counsel of record

for each party may maintain in its files one copy of each affidavit, affirmation, certification, declaration, expert report, brief, record on appeal, notice of motion, deposition transcript, exhibit to a deposition or affidavit (or the like), exhibit at a hearing or trial, pleading, discovery request, stipulation, correspondence between counsel for the parties, written response to a discovery request or any other document filed with the Court and the court transcript, consisting of or containing Confidential Information or Highly Confidential Information. 24. This Order may be amended with leave of the Court by the agreement of counsel

for the parties in the form of a stipulation that shall be filed in this action. 25. This Order shall remain in full force and effect until modified, superseded, or

terminated on the record by agreement of the parties or by an Order of the Court. 26. At the conclusion of the present action, the Court shall retain jurisdiction to

enforce the terms of this Order. SO ORDERED this ________ day of _________, 2007.

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EXHIBIT A UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TEXAS MARSHALL DIVISION

REMBRANDT TECHNOLOGIES, LP

§ § V. § § CHARTER COMMUNICATIONS, INC., ET AL. § § REMBRANDT TECHNOLOGIES, LP § § V. § § TIME WARNER CABLE, INC. § § REMBRANDT TECHNOLOGIES, LP § § V. § § TIME WARNER CABLE, INC. § § REMBRANDT TECHNOLOGIES, LP § § V. § § COMCAST CORPORATION, ET AL. § § REMBRANDT TECHNOLOGIES, LP § § V. § § CHARTER COMMUNICATIONS, INC., ET AL. § §

CIVIL NO. 2:06-CV-223(TJW)

CIVIL NO. 2:06-CV-224(TJW)

CIVIL NO. 2:06-CV-369(TJW)

CIVIL NO. 2:06-CV-506(TJW)

CIVIL NO. 2:06-CV-507(TJW)

I, __________________________, hereby declare that: 1. I have carefully read and understand the foregoing Protective Order (the "Order") of the United States District Court for the Eastern District of Texas, in the above-captioned matters.

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2. I agree that I will be bound by and will comply with all of the provisions of this Order and I will make no disclosures of Confidential Information or Highly Confidential Information to any person who is not permitted to have access to such Confidential Information or Highly Confidential Information by this Order, as applicable. 3. Upon final determinant of this action, I will destroy all Confidential Information or Highly Confidential Information received by me within sixty (60) days after filing of the final order or mandate as described in paragraph 21(a), or I will return such Confidential Information or Highly Confidential Information within six