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IN THE UNITED STATES BANKRUPTCY COURT SOUTHERN DISTRICT OF NEW YORK ) ) ) Debtors ) __________________________________________) Rembrandt Technologies LP ) ) Plaintiff ) ) v. ) ) Adelphia Communications Corporation; ) Century-TCI California, LP; ) Century-TCI California Communications, LP; ) Century-TCI Distribution Company, LLC; ) Century-TCI Holdings, LLC; ) Parnassos, LP; ) Parnassos Communications, LP; ) Parnassos Distribution Company I, LLC; ) Parnassos Distribution Company II, LLC; ) Parnassos Holdings, LLC; ) Western NY Cablevision, LP ) ) Defendants ) __________________________________________ In Re: Adelphia Communications Corporation, et al. Chapter 11 Case No. 02-41729 (REG) Jointly Administered

Adversary Proceeding No.

COMPLAINT FOR POST-PETITION PATENT INFRINGEMENT Plaintiff Rembrandt Technologies, LP files this complaint for post-petition infringement of United States Patent Nos. 5,710,761; 5,778,234; 6,131,159 and 6,950,444 under 35 U.S.C. § 271. All acts of infringement alleged herein relate solely to acts by the Defendants that occurred after the applicable petition dates set forth herein and before July 31, 2006. PARTIES 1. Plaintiff Rembrandt Technologies, LP ("Rembrandt") is a limited partnership

organized under the laws of the state of New Jersey with its principal place of business at 401 City Avenue, Suite 815, Bala Cynwyd, Pennsylvania 19004.

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2.

Defendant Adelphia Communications Corporation ("ACC") is a corporation

organized under the laws of the State of Delaware. On June 25, 2002, ACC filed a petition in bankruptcy under Chapter 11 in the United States Bankruptcy Court for the Southern District of New York in a case captioned In re Adelphia Communications Corporation, Case No. 02-41729 (REG). That case remains pending in the bankruptcy court. ACC's principal place of business on the Petition Date was located in Coudersport, Pennsylvania, and is currently located in Greenwood Village, Colorado. ACC was one of the leading cable and telecommunications companies in the United States. Since seeking bankruptcy protection on June 25, 2002, ACC continued to provide cable internet and television services to consumers throughout the United States until the sale of substantially all of its assets on July 31, 2006. 3. Defendant Century-TCI California, LP is a partnership organized under the laws

of the State of Delaware. Century-TCI California, LP is an affiliate of ACC. On June 25, 2002, Century-TCI California, LP filed a petition in bankruptcy under Chapter 11 in the United States Bankruptcy Court for the Southern District of New York. Century-TCI California, LP's

bankruptcy proceedings are jointly administered with In re Adelphia Communications Corporation, Case No. 02-41729 (REG). 4. Defendant Century-TCI California Communications, LP is a partnership

organized under the laws of the State of Delaware. Century-TCI California Communications, LP is an affiliate of ACC. On June 25, 2002, Century-TCI California Communications, LP filed a petition in bankruptcy under Chapter 11 in the United States Bankruptcy Court for the Southern District of New York. Century-TCI California Communications, LP's bankruptcy proceedings are jointly administered with In re Adelphia Communications Corporation, Case No. 02-41729 (REG).

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5.

Defendant Century-TCI Distribution Company, LLC is a limited liability Century-TCI Distribution

company organized under the laws of the State of Delaware.

Company, LLC is an affiliate of ACC. On October 6, 2005, Century-TCI Distribution Company, LLC filed a petition in bankruptcy under Chapter 11 in the United States Bankruptcy Court for the Southern District of New York. Century-TCI Distribution Company, LLC's bankruptcy

proceedings are jointly administered with In re Adelphia Communications Corporation, Case No. 02-41729 (REG). 6. Defendant Century-TCI Holdings, LLC is a corporation organized under the laws

of the State of Delaware. Century-TCI Holdings, LLC is an affiliate of ACC. On June 25, 2002, Century-TCI Holdings, LLC filed a petition in bankruptcy under Chapter 11 in the United States Bankruptcy Court for the Southern District of New York. Century-TCI Holdings, LLC's

bankruptcy proceedings are jointly administered with In re Adelphia Communications Corporation, Case No. 02-41729 (REG). 7. Defendant Parnassos Communications, LP is a partnership organized under the

laws of the State of Delaware. Parnassos Communications, LP is an affiliate of ACC. On June 25, 2002, Parnassos Communications, LP filed a petition in bankruptcy under Chapter 11 in the United States Bankruptcy Court for the Southern District of New York. Parnassos

Communications, LP's bankruptcy proceedings are jointly administered with In re Adelphia Communications Corporation, Case No. 02-41729 (REG). 8. Defendant Parnassos Distribution Company I, LLC is a limited liability company

organized under the laws of the State of Delaware. Parnassos Distribution Company I, LLC is an affiliate of ACC. On October 6, 2005, Parnassos Distribution Company I, LLC filed a petition in bankruptcy under Chapter 11 in the United States Bankruptcy Court for the Southern District of

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New York.

Parnassos Distribution Company I, LLC's bankruptcy proceedings are jointly

administered with In re Adelphia Communications Corporation, Case No. 02-41729 (REG). 9. Defendant Parnassos Distribution Company II, LLC is a limited liability company

organized under the laws of the State of Delaware. Parnassos Distribution Company II, LLC is an affiliate of ACC. On October 6, 2005, Parnassos Distribution Company II, LLC filed a petition in bankruptcy under Chapter 11 in the United States Bankruptcy Court for the Southern District of New York. Parnassos Distribution Company II, LLC's bankruptcy proceedings are jointly administered with In re Adelphia Communications Corporation, Case No. 02-41729 (REG). 10. Defendant Parnassos Holdings, LLC is a corporation organized under the laws of

the State of Delaware. Parnassos Holdings, LLC is an affiliate of ACC. On June 25, 2002, Parnassos Holdings, LLC filed a petition in bankruptcy under Chapter 11 in the United States Bankruptcy Court for the Southern District of New York. Parnassos Holdings, LLC's

bankruptcy proceedings are jointly administered with In re Adelphia Communications Corporation, Case No. 02-41729 (REG). 11. Defendant Parnassos, LP is a partnership organized under the laws of the State of

Delaware. Parnassos, LP is an affiliate of ACC. On June 25, 2002, Parnassos, LP filed a petition in bankruptcy under Chapter 11 in the United States Bankruptcy Court for the Southern District of New York. Parnassos, LP's bankruptcy proceedings are jointly administered with In re Adelphia Communications Corporation, Case No. 02-41729 (REG). 12. Defendant Western NY Cablevision, LP is a partnership organized under the laws

of the State of Delaware. Western NY Cablevision, LP is an affiliate of ACC. On June 25, 2002, Western NY Cablevision, LP filed a petition in bankruptcy under Chapter 11 in the United

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States Bankruptcy Court for the Southern District of New York. Western NY Cablevision, LP's bankruptcy proceedings are jointly administered with In re Adelphia Communications Corporation, Case No. 02-41729 (REG). 13. On information and belief, Defendants are liable for the infringement of Rembrandt makes these allegations with regard to

Rembrandt's patents as alleged herein.

particular Defendants based on a review of publicly available information. Other affiliates of ACC may also be liable for infringement of these patents. Rembrandt intends to amend this pleading to add other ACC affiliates who have infringed Rembrandt's patents or, if appropriate, to dismiss Defendants who are shown not to have engaged in any infringing activity. JURISDICTION AND VENUE 14. This is an action for patent infringement arising under the law of the United States

relating to patents, including, inter alia, 35 U.S.C. §§ 271, 281, 284 and 285. This court has jurisdiction over such federal question claims pursuant to 28 U.S.C. §§ 1331 and 1338(a). 15. For the avoidance of doubt and for the sake of clarity, Plaintiffs hereby explicitly

state that all acts of infringement alleged herein relate solely to actions taken by Defendants after their filing for bankruptcy in this district on June 25, 2002 or October 6, 2005, as applicable, and before the acquisition by Time Warner Cable and Comcast on July 31, 2006 (such period for each Defendant, the "Post-Petition Period"). Plaintiffs hereby explicitly state and affirm that they are not seeking relief for any actions of Defendants that occurred prior to the filing of ACC's bankruptcy petition. ACC continued to operate its cable internet and television

businesses after June 25, 2002 and prior to its acquisition. In doing so, as alleged in greater detail below, ACC engaged in post-petition acts of infringement that have damaged Rembrandt.

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It is solely based on these post-petition actions, and for relief under the United States patent laws, that Rembrandt brings this action. 16. This Court has personal jurisdiction over the Defendants because one or more

events giving rise to the causes of action herein occurred in this district and because the Defendants have submitted to the jurisdiction of this Court. 17. Venue is proper in this district pursuant to 28 U.S.C. §§ 1391(b) and 1409(a). COUNT I: INFRINGEMENT OF U.S. PATENT NO. 5,710,761 18. above. 19. Rembrandt is the owner of all right, title and interest, including the right to sue, Rembrandt refers to and incorporates herein the allegations of Paragraphs 1-17

enforce and recover damages for all infringements, in U.S. Patent No. 5,710,761, entitled "Error Control Negotiation Based on Modulation" ("the `761 patent."). A true copy of the `761 patent is attached as Exhibit A. 20. The `761 patent was duly and legally issued by the United States Patent and

Trademark Office on January 20, 1998, after full and fair examination. 21. During the Post-Petition Period, the Defendants have directly or indirectly

infringed the `761 patent by practicing or causing others to practice, by inducement or contributorily, the inventions claimed in the `761 patent, in this district and otherwise within the United States. For example, Defendants infringed the `761 patent by providing high-speed cable modem internet products and services to subscribers. 22. Rembrandt suffered substantial damages due to the Defendants' infringement.

Furthermore, upon information and belief, such infringement was willful, making this an

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exceptional case and entitling Rembrandt to increased damages and reasonable attorneys' fees pursuant to 35 U.S.C. §§ 284 and 285. COUNT II: INFRINGEMENT OF U.S. PATENT NO. 5,778,234 23. above. 24. Rembrandt is the owner of all right, title and interest, including the right to sue, Rembrandt refers to and incorporates herein the allegations of Paragraphs 1-17

enforce and recover damages for all infringements, in U.S. Patent No. 5,778,234, entitled "Method for Downloading Programs" ("the `234 patent."). A true copy of the `234 patent is attached as Exhibit B. 25. The `234 patent was duly and legally issued by the United States Patent and

Trademark Office on July 7, 1998, after full and fair examination. 26. During the Post-Petition Period, the Defendants have directly or indirectly

infringed the `234 patent by practicing or causing others to practice, by inducement or contributorily, the inventions claimed in the `234 patent, in this district and otherwise within the United States. For example, the Defendants infringed the `234 patent by providing high-speed cable modem internet products and services to subscribers. 27. Rembrandt suffered substantial damages due to the Defendants' infringement.

Furthermore, upon information and belief, such infringement was willful, making this an exceptional case and entitling Rembrandt to increased damages and reasonable attorneys' fees pursuant to 35 U.S.C. §§ 284 and 285. COUNT III: INFRINGEMENT OF U.S. PATENT NO. 6,131,159 28. above. Rembrandt refers to and incorporates herein the allegations of Paragraphs 1-17

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29.

Rembrandt is the owner of all right, title and interest, including the right to sue,

enforce and recover damages for all infringements, in U.S. Patent No. 6,131,159, entitled "System for Downloading Programs" ("the `159 patent."). A true copy of the `159 patent is attached as Exhibit C. 30. The `159 patent was duly and legally issued by the United States Patent and

Trademark Office on October 10, 2000, after full and fair examination. 31. During the Post-Petition Period, the Defendants have directly or indirectly

infringed the `159 patent by practicing or causing others to practice, by inducement or contributorily, the inventions claimed in the `159 patent, in this district and otherwise within the United States. For example, the Defendants infringed the `159 patent by providing high-speed cable modem internet products and services to subscribers. 32. Rembrandt suffered substantial damages due to the Defendants' infringement.

Furthermore, upon information and belief, such infringement was willful, making this an exceptional case and entitling Rembrandt to increased damages and reasonable attorneys' fees pursuant to 35 U.S.C. §§ 284 and 285. COUNT IV: INFRINGEMENT OF U.S. PATENT NO. 6,950,444 33. above. 34. Rembrandt is the owner of all right, title and interest, including the right to sue, Rembrandt refers to and incorporates herein the allegations of Paragraphs 1-17

enforce and recover damages for all infringements, in U.S. Patent No. 6,950,444, entitled "System and Method for a Robust Preamble and Transmission Delimiting in a Switched-Carrier Transceiver" ("the `444 patent."). A true copy of the `444 patent is attached as Exhibit D.

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35.

The `444 patent was duly and legally issued by the United States Patent and

Trademark Office on September 27, 2005, after full and fair examination. 36. During the Post-Petition Period, Defendants directly or indirectly infringed the

`444 patent by practicing or causing others to practice, by inducement or contributorily, the inventions claimed in the `444 patent, in this district and otherwise within the United States. For example, the Defendants infringed the `444 patent by providing high-speed cable modem internet products and services to subscribers. 37. Rembrandt suffered substantial damages due to the Defendants' infringement.

Furthermore, upon information and belief, such infringement was willful, making this an exceptional case and entitling Rembrandt to increased damages and reasonable attorneys' fees pursuant to 35 U.S.C. §§ 284 and 285. PRAYER FOR RELIEF WHEREFORE, Rembrandt prays that it have judgment from the District Court against the Defendants for the following: (1) An order that the Defendants have infringed the patents-in-suit; (2) An award of damages for said infringement; (4) An award of increased damages pursuant to 35 U.S.C. § 284; (5) An award of all costs of this action, including attorneys' fees and interest; and (6) Such other and further relief, at law or in equity, to which Rembrandt is justly entitled.

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Dated: September 13, 2006.

SUSMAN GODFREY L.L.P. By:_/s/ Vineet Bhatia_______________________ VINEET BHATIA (VB 9964) MAX L. TRIBBLE, JR. Texas Bar 20213950 (application pending) EDGAR SARGENT Washington Bar 28283 (application pending) BROOKE A.M. TAYLOR Washington Bar 33190 (application pending) TIBOR L. NAGY Texas Bar 24041562 (application pending) SUSMAN GODFREY L.L.P. 590 Madison Ave., 8th Floor New York, NY 10022 Main Telephone: (212) 336-8330 Main Fax: (212) 336-8340 Email: [email protected] Email: [email protected] Email: [email protected] Email: [email protected] Email: [email protected]

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UNITED STATES BANKRUPTCY COURT Southern District of New York
In re: Adelphia Communications Corporation Rembrandt Technologies LP Plaintiff, -against- Adelphia Communications Corporation Century-TCI California Communications, LP Century-TCI Distribution Company, LLC Century-TCI Holdings, LLC Parnassos, L.P. Parnassos Communications, LP Parnassos Distribution Company I, LLC Parnassos Distribution II, LLC Parnassos Holdings, LLC Western NY Cablevision, LP Defendant Adversary Proceeding No. 06-01739-reg Bankruptcy Case No.: 02-41729-reg

SUMMONS AND NOTICE OF PRETRIAL CONFERENCE IN AN ADVERSARY PROCEEDING
YOU ARE SUMMONED and required to submit a motion or answer to the complaint which is attached to this summons to the clerk of the bankruptcy court within 30 days after the date of issuance of this summons, except that the United States and its offices and agencies shall submit a motion or answer to the complaint within 35 days, to: Address of Clerk: Clerk of the Court United States Bankruptcy Court Southern District of New York One Bowling Green New York, NY 10004-1408 At the same time, you must also serve a copy of the motion or answer upon the plaintiff's attorney. Name and Address of Plaintiff's Attorney: Rembrandt Technologies LP If you make a motion, your time to answer is governed by Bankruptcy Rule 7012. YOU ARE NOTIFIED that a pretrial conference of the proceeding commenced by the filing of the complaint will be held at the following time and place: United States Bankruptcy Court Room: Courtroom 621 (REG), One Bowling Southern District of New York Green, New York, NY 10004 One Bowling Green New York, NY 10004-1408 Date and Time: 11/14/06 09:45 AM IF YOU FAIL TO RESPOND TO THIS SUMMONS, YOUR FAILURE WILL BE DEEMED TO BE YOUR CONSENT TO ENTRY OF A JUDGMENT BY THE BANKRUPTCY COURT AND JUDGMENT BY DEFAULT MAY BE TAKEN AGAINST YOU FOR THE RELIEF DEMANDED IN THE COMPLAINT. Dated: 9/13/06 Kathleen Farrell-Willoughby Clerk of the Court By: /s/ Venice Leggett Deputy Clerk

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UNITED STATES BANKRUPTCY COURT SOUTHERN DISTRICT OF NEW YORK ADELPHIA COMMUNICATIONS CORP., Debtors. : : : : 02-41729 (REG) Jointly Administered

________________________________________________________x

ORDER GRANTING MOTION FOR ADMISSION, Pro Hac Vice ORDERED, Tibor L. Nagy, Esq., is admitted to practice, pro hac vice, in the above proceeding in the United States Bankruptcy Court, Southern District of New York, subject to payment of the filing fee.

Dated: October 3, 2006

S/ Robert E. Gerber UNITED STATES BANKRUPTCY JUDGE

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UNITED STATES BANKRUPTCY COURT SOUTHERN DISTRICT OF NEW YORK ADELPHIA COMMUNICATIONS CORP., Debtors. : : : : 02-41729 (REG) Jointly Administered

________________________________________________________x

ORDER GRANTING MOTION FOR ADMISSION, Pro Hac Vice ORDERED, Brooke A. Taylor, Esq., is admitted to practice, pro hac vice, in the above proceeding in the United States Bankruptcy Court, Southern District of New York, subject to payment of the filing fee.

Dated: October 3, 2006

S/ Robert E. Gerber UNITED STATES BANKRUPTCY JUDGE

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UNITED STATES BANKRUPTCY COURT SOUTHERN DISTRICT OF NEW YORK ADELPHIA COMMUNICATIONS CORP., Debtors. : : : : 02-41729 (REG) Jointly Administered

________________________________________________________x

ORDER GRANTING MOTION FOR ADMISSION, Pro Hac Vice ORDERED, Edgar G. Sargent, Esq., is admitted to practice, pro hac vice, in the above proceeding in the United States Bankruptcy Court, Southern District of New York, subject to payment of the filing fee.

Dated: October 3, 2006

S/ Robert E. Gerber UNITED STATES BANKRUPTCY JUDGE

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IN THE UNITED STATES BANKRUPTCY COURT SOUTHERN DISTRICT OF NEW YORK In re Adelphia Communications Corporation, et al., Debtors. Rembrandt Technologies, LP, Plaintiff, v. Adelphia Communications Corporation; Century-TCI California, LP; Century-TCI California Communications, LP; Century-TCI Distribution Company, LLC; Century-TCI Holdings, LLC; Parnassos, LP; Parnassos Communications, LP; Parnassos Distribution Company I, LLC; Parnassos Distribution Company II, LLC; Parnassos Holdings, LLC; Western NY Cablevision, LP, Defendants. ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Chapter 11 Case No. 02-41729 (REG) Jointly Administered Adversary Proceeding No. 06-01739 (REG)

STIPULATION IT IS HEREBY STIPULATED AND AGREED, by and between the undersigned attorneys for the parties herein, that Defendants' time to answer, move or otherwise respond to the Complaint for Post-Petition Patent Infringement will be extended to and including October 23, 2006.

Dated: New York, New York October 13, 2006

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WILLKIE FARR & GALLAGHER LLP

SHEARMAN & STERLING LLP

By:

/s/ Brian E. O'Connor Brian E. O'Connor (BO-7627)

By:

/s/ James L. Garrity, Jr. James L. Garrity, Jr. (JG-8389)

787 Seventh Avenue New York, NY 10019-6099 Tel: (212) 728-8000 Attorneys for Defendants and Debtors in Possession Adelphia Communications Corporation; Century-TCI California, LP; Century-TCI California Communications, LP; Century-TCI Distribution Company, LLC; Century-TCI Holdings, LLC; Parnassos, LP; Parnassos Communications, LP; Parnassos Distribution Company I, LLC; Parnassos Distribution Company II, LLC; Parnassos Holdings, LLC; Western NY Cablevision, LP SO ORDERED: S/ Robert E. Gerber 10/17/2006 Robert E. Gerber, United States Bankruptcy Judge

599 Lexington Avenue New York, NY 10022 Tel: (212) 848-4000 SUSMAN GODFREY LLP 590 Madison Avenue, 8th Floor New York, NY 10022 Tel: (212) 336-8330 Attorneys for Rembrandt Technologies, LP

Error! Unknown switch argument.

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IN THE UNITED STATES BANKRUPTCY COURT SOUTHERN DISTRICT OF NEW YORK In re Adelphia Communications Corporation, et al., Debtors. Rembrandt Technologies, LP, Plaintiff, v. Adelphia Communications Corporation; Century-TCI California, LP; Century-TCI California Communications, LP; Century-TCI Distribution Company, LLC; Century-TCI Holdings, LLC; Parnassos, LP; Parnassos Communications, LP; Parnassos Distribution Company I, LLC; Parnassos Distribution Company II, LLC; Parnassos Holdings, LLC; Western NY Cablevision, LP, Defendants. ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Chapter 11 Case No. 02-41729 (REG) Jointly Administered Adversary Proceeding No. 06-01739 (REG)

STIPULATION AND ORDER IT IS HEREBY STIPULATED AND AGREED, by and between the undersigned attorneys for the parties herein, that Defendants' time to answer, move or otherwise respond to the Complaint for Post-Petition Patent Infringement will be extended to and including November 27, 2006; and it is further STIPULATED AND AGREED, by and between the undersigned attorneys for the parties herein, that, notwithstanding this Stipulation and Order, and absent further order of the Court or agreement between and among the parties herein, the parties shall attend the previously-

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scheduled pre-trial conference, presently scheduled for November 14, 2006 at 9:45 a.m. (the "Pre-Trial Conference"); and it is further STIPULATED AND AGREED, by and between the undersigned attorneys for the parties herein, that, if Defendants have not answered, moved or otherwise responded to the Complaint for Post-Petition Patent Infringement prior to the agreed deadline of November 27, 2006, the absence of such an answer, motion or other response during that period shall not prejudice any of the parties herein.

Error! Unknown switch argument.

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Dated: New York, New York October 25, 2006 WILLKIE FARR & GALLAGHER LLP SHEARMAN & STERLING LLP

By: /s/ Roger Netzer Roger Netzer (RN-7190) 787 Seventh Avenue New York, NY 10019-6099 Tel: (212) 728-8000 Attorneys for Defendants and Debtors in Possession Adelphia Communications Corporation; Century-TCI California, LP; Century-TCI California Communications, LP; Century-TCI Distribution Company, LLC; Century-TCI Holdings, LLC; Parnassos, LP; Parnassos Communications, LP; Parnassos Distribution Company I, LLC; Parnassos Distribution Company II, LLC; Parnassos Holdings, LLC; Western NY Cablevision, LP

By: /s/ James L. Garrity, Jr. James L. Garrity, Jr. (JG-8389) 599 Lexington Avenue New York, NY 10022 Tel: (212) 848-4000 SUSMAN GODFREY LLP 590 Madison Avenue, 8th Floor New York, NY 10022 Tel: (212) 336-8330 Attorneys for Rembrandt Technologies, LP

SO ORDERED: S/ Robert E. Gerber 10/26/06 Robert E. Gerber, United States Bankruptcy Judge

Error! Unknown switch argument.

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UNITED STATES BANKRUPTCY COURT SOUTHERN DISTRICT OF NEW YORK ADELPHIA COMMUNICATIONS CORP., : : : : 02-41729 (REG) Jointly Administered

________________________________________________________x

Debtors.

Rembrandt Technologies LP Plaintiff Adversary Proceeding 06-1739 v. Adelphia Communications Corp, et al. Defendant _______________________________________________ x

ORDER GRANTING MOTION FOR ADMISSION, Pro Hac Vice ORDERED, Joseph S. Grinstein, Esq., is admitted to practice, pro hac vice, in the above proceeding in the United States Bankruptcy Court, Southern District of New York.

Dated: November 13, 2006

S/ Robert E. Gerber UNITED STATES BANKRUPTCY JUDGE

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IN THE UNITED STATES BANKRUPTCY COURT SOUTHERN DISTRICT OF NEW YORK ) ) ) Debtors. ) __________________________________________) Rembrandt Technologies, LP, ) ) ) Plaintiff, ) v. ) ) Adelphia Communications Corporation; ) Century-TCI California, LP; ) Century-TCI California Communications, LP; ) Century-TCI Distribution Company, LLC; ) Century-TCI Holdings, LLC; ) Parnassos, LP; ) Parnassos Communications, LP; ) Parnassos Distribution Company I, LLC; ) Parnassos Distribution Company II, LLC; ) Parnassos Holdings, LLC; ) Western NY Cablevision, LP, ) ) ) Defendants. __________________________________________) In re Adelphia Communications Corporation, et al., Chapter 11 Case No. 02-41729 (REG) Jointly Administered

Adversary Proceeding No. 06-01739 (REG)

Agreed Protective Order
The parties have agreed to engage in limited discovery in an attempt to reach agreement on what amount, if any, to reserve for Administrative Expense Claim No. 19630, filed by Rembrandt Technologies, LP on September 13, 2006 (the "Claim") prior to the plan confirmation hearing currently scheduled to begin December 7, 2006. Pursuant to Federal Rule of Civil Procedure 26(c) and Federal Rule of Bankruptcy Procedure 7026, and subject to the approval of this Court, Plaintiff Rembrandt Technologies, LP and Defendants Adelphia Communications Corporation; Century-TCI California, LP; CenturyTCI California Communications, LP; Century-TCI Distribution Company, LLC; Century-TCI

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Holdings, LLC; Parnassos, LP; Parnassos Communications, LP; Parnassos Distribution Company I, LLC; Parnassos Distribution Company II, LLC; Parnassos Holdings, LLC; and Western NY Cablevision, LP ("named parties") hereby stipulate to the following interim protective order to govern and facilitate discovery between them. 1. The named parties may designate any document, thing, material, or testimony

containing that party's non-public trade secret or other confidential research, development, or commercial information "Confidential" under the terms of this Order. Confidential documents

shall be so designated by stamping each page of copies of the documents produced with the legend "CONFIDENTIAL." Confidential testimony taken at a deposition, conference, hearing,

or trial shall be so designated by making a statement to that effect on the record at the deposition or other proceeding or by a written designation within thirty days of receipt of the transcript of the proceeding. Arrangements shall be made with the court reporter taking and transcribing such proceeding to label such portions appropriately. 2. Material designated as Confidential under this Order, the information contained

therein, and any summaries, copies, abstracts, or other documents derived in whole or in part from material designated as Confidential ("Confidential Material") shall be used only for the purpose of the prosecution, defense, or settlement of this action and/or the Claim, and for no other purpose. 3. Except as otherwise stated in this paragraph, the inadvertent production or

disclosure of any information, document, transcript, or thing without a confidentiality designation shall not in and of itself be deemed a waiver of any named party's claim of confidentiality as to such material, nor shall an inadvertent production or disclosure of any

document or communication subject to an attorney/client, work product, or other privilege be deemed a waiver of any privilege if the named party entitled to assert such privilege promptly

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notifies the named party to whom disclosure or production was made that the disclosure or production was inadvertent and that the privilege is not waived. A named party may "snap

back" any privileged document that has been inadvertently produced by sending a letter within a reasonable amount of time after production requesting that the document be returned. Any

named party receiving a "snap back" letter shall return the original and all copies of the allegedly privileged document and make no use of the information contained therein, even if the named party disputes the underlying privilege. A named party's return of an allegedly privileged

document is without prejudice to its right to seek a judicial determination of the merits of that privilege claim. 4. Confidential Material produced pursuant to this Order may be disclosed or made

available only to the Court, court personnel, jury, in-house and outside counsel (including counsel's paralegal, clerical, and secretarial staff) for: (a) a named party; (b) the Official Committee of Unsecured Creditors in these cases or its designee; or (c) the Plan Administrator in these cases or its designee, and the "qualified persons" designated below: (a) experts or consultants (together with their clerical staff) retained by such counsel to assist in the prosecution, defense, or settlement of this action and/or the Claim, but only upon compliance with the provisions of paragraph 5; court reporter(s) employed in this action and/or the Claim; any person whose testimony is taken in this action whom counsel in good faith believes has some prior familiarity with the confidential information about to be disclosed to that person; any person specifically referenced as an author, sender, addressee or other recipient in a document about to be disclosed whom counsel in good faith believes may have knowledge of relevant facts or of facts that may lead to the discovery of admissible evidence; any person or entity who has properly served upon a named party or any other person or entity to whom the disclosing party owes a legal duty of disclosure a subpoena issued under the authority of a court of competent jurisdiction;

(b) (c)

(d)

(e)

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(f)

any other person as to whom the named parties in writing agree.

When disclosing Confidential Material to any qualified persons listed above except in the case of subsection (f), a named party shall furnish them with a copy of this Order and obtain their agreement to treat the disclosed material as confidential and to abide by this Order. 5. Any person described in paragraph 4(a) is to be identified to all other parties Such identification shall provide the

before any Confidential Material is shown to him or her.

person's (i) name; (ii) business affiliation, and title, if any; (iii) business address; (iv) curriculum vitae; and (v) if not included in the curriculum vitae, a summary of the person's employment history for the past 5 years and description of every current or previous employment or consulting relationship with any of the parties. The party whose information is sought to be

disclosed shall have three (3) business days from the receipt of this identification to object to such disclosure, stating the reasons for such objection. If an objection is timely made, there shall be no disclosure of such Confidential Material until the issue is resolved either by the parties or by Court order. Further, such disclosure to any person described in paragraph 4(a) shall be made only after he or she has been made aware of the provisions of this Order and has expressed his or her assent to be bound thereby by signing a copy of the undertaking annexed at Exhibit A. 6. Source code produced by the Defendants in electronic form shall be produced

pursuant to the following protections: (a) Source code shall be accessed only on a non-networked computer at: (i) Susman Godfrey's Seattle or New York offices; or (ii) the o ffice or home of an expert to be disclosed to Defendants; All electronic media containing source code and any printed copies shall by kept in a secure location under lock and key; and No copies, other then volatile copies necessarily made in the course of accessing the source code on the non-networked computer, shall be made.

(b) (c)

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7.

Nothing herein shall impose any restrictions on a named party's use or disclosure

of material obtained by it independent of discovery in this action and/or the Claim, whether or not such material is also obtained through discovery in this action and/or the Claim, or from disclosing its own Confidential Material as it deems appropriate. 8. If Confidential Material is included in any papers to be filed in Court, such papers

shall be labeled "Confidential ­ Subject to Court Order" and filed under seal until further order of this Court. 9. The disclosure of Confidential Material pursuant to discovery or to the procedures

set forth in this Order, or any use of Confidential Material in a court proceeding in this action and/or the Claim, shall not constitute a waiver of any trade secret or of any intellectual property, proprietary, or other rights to or in such material, nor shall such material lose its confidential status by such use or disclosure. 10. Material. Nothing in this Order shall affect the admissibility into evidence of Confidential However, nothing herein shall preclude a named party from seeking confidential

treatment from the Court with respect to the use or disclosure of Confidential Material in court proceedings, or from raising any available objection, including without limitation objections concerning admissibility, materiality, and privilege. 11. If a dispute arises between any named parties regarding a confidentiality

designation, those parties shall make a good faith effort to resolve the dispute without intervention of the Court. If that effort is unsuccessful, the party making the disputed

confidentiality designation shall, within five calendar days of the other party's notice that the dispute cannot be resolved, schedule a conference call with the Court, pursuant to Paragraph 34 of the Court's Case Management Order #3, entered in Case Number 02-41729 (REG), and the material in question shall be treated as Confidential under the t rms of this Order until such time e

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as the Court resolves the dispute.

If the party making the disputed confidentiality designation

fails to schedule a conference call with the Court within five calendar days in accordance with the terms of this paragraph, the material in question shall not be treated as Confidential under the terms of this Order unless and until such time as the Court resolves the dispute. No party shall be obliged to dispute the propriety of a confidentiality designation, and a failure to do so shall not preclude a subsequent attack on the propriety of such a designation. 12. This Order shall be without prejudice to the right of any named party to (a)

present a motion to the Court for a separate protective order as to any particular documents or information, including restrictions differing from those as specified herein; (b) present a motion to the Court for modification of this Order; or (c) to seek judicial review, or pursue other judicial action, with respect to any ruling made by the Court concerning the status of any designated Confidential Material. 13. If any named party inadvertently discloses Confidential Material, the disclosing

party shall promptly notify the other named parties of the disclosure of the material. 14. Nothing in this Order, nor the production of any information or document under

the terms of this Order, nor any proceedings pursuant to this Order, shall be deemed to have the effect of an admission or waiver by any named party, or to have the effect of altering any existing obligation of any named party (or the absence thereof), or to have the effect of altering the confidentiality or non-confidentiality of any such document or information. 15. This Order shall be without prejudice to the right of any person to bring before

this Court at any time the question of whether any particular information is properly designated as Confidential and entitled to confidential treatment. The burden of proving that any

information is entitled to confidential treatment pursuant to this Order shall be on the named party who designated the document, thing, material, or testimony as Confidential Material.

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Nothing in this Order shall create any presumption, or otherwise constitute evidence, that any material designated as Confidential is in fact confidential and proprietary.

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WILLKIE FARR & GALLAGHER LLP

SUSMAN GODFREY L.L.P.

By: /s/ Roger Netzer ROGER NETZER (RN-7190) 787 Seventh Avenue New York, NY 10019-6009 Tel: (212) 728-8000 Attorneys for Defendants and Debtors in Possession Adelphia Communications Corporation; Century-TCI California, LP; Century-TCI California Communications LP; Century-TCI Distribution Company, LLC; Century-TCI Holdings, LLC; Parnassos, LP; Parnasos Communications, LP; Parnassos Distribution Company I, LLC; Parnassos Distribution Company II, LLC; Parnassos Holdings, LLC; Western NY Cablevision, LP

By:_/s/ Vineet Bhatia_________ VINEET BHATIA (VB 9964) MAX L. TRIBBLE, JR. Texas Bar 20213950 (application pending) EDGAR SARGENT Washington Bar 28283 (application pending) BROOKE A.M. TAYLOR Washington Bar 33190 (application pending) TIBOR L. NAGY Texas Bar 24041562 (application pending) SUSMAN GODFREY L.L.P. 590 Madison Ave., 8th Floor New York, NY 10022 Main Telephone: (212) 336-8330 Main Fax: (212) 336-8340 Email: [email protected] Email: [email protected] Email: [email protected] Email: [email protected] Email: [email protected] JAMES L. GARRITY, JR. (JG 8389) MARC B. HANKIN (MH 7001) SHEARMAN & STERLING LLP 599 Lexington Avenue New York, NY 10022 Main Telephone: (212) 848 4000 Main Fax: (212) 848 7179 Email: [email protected] Email: [email protected]

SO ORDERED: S/ Robert E. Gerber 11/202006 Robert E. Gerber, United States Bankruptcy Judge

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IN THE UNITED STATES BANKRUPTCY COURT SOUTHERN DISTRICT OF NEW YORK ) ) ) Debtors. ) __________________________________________) Rembrandt Technologies, LP, ) ) ) Plaintiff, ) v. ) ) Adelphia Communications Corporation; ) Century-TCI California, LP; ) Century-TCI California Communications, LP; ) Century-TCI Distribution Company, LLC; ) Century-TCI Holdings, LLC; ) Parnassos, LP; ) Parnassos Communications, LP; ) Parnassos Distribution Company I, LLC; ) Parnassos Distribution Company II, LLC; ) Parnassos Holdings, LLC; ) Western NY Cablevision, LP, ) ) ) Defendants. __________________________________________) In re Adelphia Communications Corporation, et al., Chapter 11 Case No. 02-41729 (REG) Jointly Administered

Adversary Proceeding No. 06-01739 (REG)

UNDERTAKING I, ___________________________, hereby declare as follows: 1. My address is ___________________________________. My present employer is _______________________________, and the address of my present employer is ____________________________________. My present occupation is ______________________________________. 2. I have received a copy of the Stipulated Protective Order ("Protective Order"). I will comply with all of the provisions of the Protective Order. I will hold in confidence, will not disclose

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to anyone not qualified under the Protective Order, and will use only for the purposes expressly set forth in the Protective Order, any Confidential Material that is disclosed to me. 3. At the conclusion of my involvement in this matter, I will return all Confidential Material that comes into my possession, and all documents and things that I have prepared relating thereto, to counsel for the party by whom I am employed or retained or from whom I received such material, or will certify destruction thereof. 4. I hereby submit to the jurisdiction of this Court for the purpose of enforcement of this Undertaking and the Protective Order in this action. I declare under penalty of perjury that the foregoing statements are true and correct.

Date: ____________________

Name: _________________________________________

Error! Unknown switch argument.

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IN THE UNITED STATES BANKRUPTCY COURT SOUTHERN DISTRICT OF NEW YORK ) ) ) Debtors. ) __________________________________________) Rembrandt Technologies, LP, ) ) Plaintiff, ) ) v. ) ) Adelphia Communications Corporation; ) Century-TCI California, LP; ) Century-TCI California Communications, LP; ) Century-TCI Distribution Company, LLC; ) Century-TCI Holdings, LLC; ) Parnassos, LP; ) Parnassos Communications, LP; ) Parnassos Distribution Company I, LLC; ) Parnassos Distribution Company II, LLC; ) Parnassos Holdings, LLC; ) Western NY Cablevision, LP ) ) Defendants. ) __________________________________________ In re Adelphia Communications Corporation, et al., Chapter 11 Case No. 02-41729 (REG) Jointly Administered

Adversary Proceeding No. 06-01739 (REG)

Stipulation
Plaintiff Rembrandt Technologies, LP (Rembrandt) has asserted post-petition patent infringement claims against Debtor Adelphia Communications Corporation (Adelphia) and JV Debtors Century-TCI California, LP, Century-TCI California Communications, LP, Century-TCI Distribution Company, LLC, Century-TCI Holdings, LLC, Parnassos, LP, Parnassos

Communications, LP, Parnassos Distribution Company I, LLC, Parnassos Distribution Company II, LLC, Parnassos Holdings, LLC, Western NY Cablevision, LP (collectively, JV Debtors) alleging that the provision of internet broadband services of Adelphia and the JV Debtors infringe four of Rembrandt's patents. Adelphia and the JV Debtors contend that they lack

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sufficient information about the claims to be able to establish a reserve for these administrative claims. The parties have agreed to engage in limited discovery according to the calendar set

forth below in an attempt to reach agreement on the proper amount, if any, to reserve for these claims prior to the plan confirmation hearing currently scheduled to begin December 7, 2006. Accordingly, IT IS HEREBY STIPULATED AND AGREED, by and between the undersigned attorneys for the parties herein, that limited discovery shall take place according to the calendar set forth below:

DISCOVERY

DATE

Parties exchange limited document requests October 20, 2006 and requests for information. Rembrandt's response to Adelphia's October October 27, 2006 20 question regarding its damages claim Rembrandt's response to Adelphia's October November 3, 2006 20 questions regarding its infringement contentions Written objections to document requests and November 3, 2006 good faith production of documents responsive to October 20th requests, as indicated in the parties' telephone conferences of October 23 and 24, and production of all documents to be relied upon in initial expert reports. Supplementation of document production shall be permitted for documents later identified. Disclosure of initial expert reports, Rembrandt November 13, 2006 to provide reports on infringement and damages, Adelphia to provide a report on its invalidity contentions. Disclosure of rebuttal expert reports. November 22, 2006

The parties agree that they will not seek depositions of party or non-party witnesses prior to the conclusion of the plan confirmation hearings, absent agreement of the other party or order of the Court. Subpoenas duces tecum for production of documents may be served on third

parties and depositions on written questions of these third parties solely for the authentication of

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documents. Such subpoenas will be governed by the Federal Rules, and no party consents to the propriety of any particular subpoena by virtue of this stipulation.. Finally, both parties anticipate production of documents containing confidential,

proprietary information, including trade secrets.

Some documents produced by the parties may

contain trade secrets belonging to third-parties, which the parties to this case are legally obliged to take steps to protect. non-parties. The parties may also subpoena confidential documents directly from

To protect the confidentiality and business value of the information contained in

these documents, the parties move the Court to enter the proposed protective order submitted with this stipulated motion. This protective order is intended to address the confidentiality of Subsequent to the plan

documents and information produced during this phase of the case.

confirmation the parties may request modifications to this protective order to accommodate additional discovery contemplated at that time.

RESPECTFULLY SUBMITTED Dated: November 15, 2006.

WILLKIE FARR & GALLAGHER, LLP

SUSMAN GODFREY L.L.P.

By: /s/ Roger Netzer ROGER NETZER (RN-7190) 787 Seventh Avenue New York, NY 10019-6009 Tel: (212) 728-8000

By:_ /s/ Vineet Bhatia VINEET BHATIA (VB 9964) MAX L. TRIBBLE, JR. Texas Bar 20213950 (application pending) EDGAR SARGENT Washington Bar 28283 (application pending)

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Attorneys for Defendants and Debtors in Possession Adelphia Communications Corporation; Century-TCI California, LP; Century-TCI California Communications LP; Century-TCI Distribution Company, LLC; Century-TCI Holdings, LLC; Parnassos, LP; Parnasos Communications, LP; Parnassos Distribution Company I, LLC; Parnassos Distribution Company II, LLC; Parnassos Holdings, LLC; Western NY Cablevision, LP

BROOKE A.M. TAYLOR Washington Bar 33190 (application pending) TIBOR L. NAGY Texas Bar 24041562 (application pending) SUSMAN GODFREY L.L.P. 590 Madison Ave., 8th Floor New York, NY 10022 Main Telephone: (212) 336-8330 Main Fax: (212) 336-8340 Email: [email protected] Email: [email protected] Email: [email protected] Email: [email protected] Email: [email protected] JAMES L. GARRITY, JR. (JG 8389) MARC B. HANKIN (MH 7001) SHEARMAN & STERLING LLP 599 Lexington Avenue New York, NY 10022 Main Telephone: (212) 848 4000 Main Fax: (212) 848 7179 Email: [email protected] Email: [email protected]

SO ORDERED S/ Robert E. Gerber 11/20/2006 Robert E. Gerber, United States Bankruptcy Judge

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