Eolas Technologies Incorporated v. Adobe Systems Incorporated et al

Filing 1043

SUR-REPLY to Reply to Response to Motion re 874 SEALED PATENT MOTION for Partial Summary Judgment of Non-Infringement Based on Divided Infringement filed by Eolas Technologies Incorporated. (Attachments: # 1 Declaration of Josh Budwin, # 2 Exhibit A)(McKool, Mike)

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IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TEXAS TYLER DIVISION Eolas Technologies Incorporated, Plaintiff, vs. Adobe Systems Inc., Amazon.com, Inc., Apple Inc., Argosy Publishing, Inc., Blockbuster Inc., CDW Corp., Citigroup Inc., eBay Inc., Frito-Lay, Inc., The Go Daddy Group, Inc., Google Inc., J.C. Penney Company, Inc., JPMorgan Chase & Co., New Frontier Media, Inc., Office Depot, Inc., Perot Systems Corp., Playboy Enterprises International, Inc., Rent-A-Center, Inc., Staples, Inc., Sun Microsystems Inc., Texas Instruments Inc., Yahoo! Inc., and YouTube, LLC Defendants. § § § Civil Action No. 6:09-CV-00446-LED § § § § JURY TRIAL § § § § § § § § § § § § § DECLARATION OF JOSH BUDWIN IN SUPPORT OF PLAINTIFFS’ SUR-REPLY IN OPPOSITION TO DEFENDANTS’ JOINT MOTION FOR PARTIAL SUMMARY JUDGMENT OF NONINFRINGEMENT BASED ON DIVIDED INFRINGEMENT (DKT. NO. 874) I, Josh Budwin, do state and declare as follows: 1. I am an attorney with the law firm of McKool Smith PC (McKool Smith), counsel for The Regents of the University of California (Regents) and Eolas Technologies Incorporated (Eolas) (collectively, Plaintiffs) in this action. I make this declaration in support of Plaintiffs’ Sur-Reply Response in Opposition to Defendants’ Joint Motion for Partial Summary Judgment of Non-Infringement Based on Divided Infringement, filed herewith. Unless otherwise stated, the matters contained in this declaration are of my own personal knowledge and, if called as a witness, I could and would testify competently to the matters set forth herein. 1 McKool 401121v1 2. Attached hereto as Exhibit A is a true and correct copy of a printout of http://www.cafc.uscourts.gov/argument/upcoming-oral-arguments.html on Wednesday, October 12, 2011. I declare under penalty of perjury that the foregoing is true and correct and that this declaration was executed on October 17, 2011, in Austin, Texas. Josh Budwin 2 McKool 401121v1

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