Eolas Technologies Incorporated v. Adobe Systems Incorporated et al

Filing 1093

RESPONSE in Opposition re 1050 MOTION FOR LEAVE TO SUPPLEMENT THEIR P.R. 3-1 INFRINGEMENT CONTENTIONS WITH RESPECT TO FRITO-LAY, INC.'S HAPPINESS.LAYS.COM filed by Frito-Lay, Inc.. (Attachments: # 1 Declaration of J. Yee, # 2 Exhibit 1, # 3 Exhibit 2, # 4 Exhibit 3, # 5 Exhibit 4, # 6 Exhibit 5, # 7 Exhibit 6, # 8 Exhibit 7, # 9 Exhibit 8, # 10 Exhibit 9, # 11 Exhibit 10, # 12 Exhibit 11, # 13 Exhibit 12, # 14 Exhibit 13, # 15 Text of Proposed Order)(McSwane, Douglas)

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF TEXAS
TYLER DIVISION
Eolas Technologies Incorporated,

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Plaintif[

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Civil Action No. 6:09-CV-00446-LED

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vs.

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Adobe Systems Inc., Amazon.com, Inc.,
Apple Inc., Argosy Publishing, Inc.,
Blockbuster Inc., CDW Corp.,
Citigroup Inc., eBay Inc., Frito-Layr Inc.,
The Go Daddy Group,Inc., Google Inc.,
J.C. Penney Company, Inc., JPMorgan
Chase & Co., New Frontier Media, fnc.,
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

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JURY TRIAL

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Defendants.

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DECLARATION OF JEFFREY YEE IN SUPPORT OF FRITO.LAY, INC.'S
OPPOSITION TO EOLAS'S MOTION FOR LEAVE TO SUPPLEMENT P.R.3-I
INFRINGEMENT CONTENTIONS WITH RESPECT TO FRITO.LAY, INC.'S
HAPPINESS.LAYS.COM

I, Jeffrey F. Yee, declare

I am a member in good standing of the State Bar of California, and admittedpro hac vice
in this Court in the above-captioned action. I am an attorney of Greenberg Traurig LLP, counsel

for Frito-Lay, Inc. ("Frito-Lay") in the above-captioned action. I am familiar with the
captioned litigation, and I have personal knowledge of the following facts, and,

above-

if called upon, I

am competent to testify about them.

L

Exhibit

I is a true and correct copy of the first page of Eolas's infringement

contention claim charts regarding the '906 Patent and the '985 Patent served on March 5,2010.

2.

Exhibit 2 is a true and conect copy of a screenshot of www.fritolay.com showing

a command menu that includes a command

3.
a separate

"View Page Source."

Exhibit 3 is a true and correct copy of a screenshot of www.fritolay.com showing

window displaying source code with the use of the'oView Page Source" command.

4.

Exhibit

4 is a true and correct copy of a press release retrieved from

http://www.fritolay.com/about-us/press-release-20100315.htmlon October 29,2011.

5.

Exhibit 5 is a true and correct copy of Plaintiff s First Set of Intenogatories (Nos.

l-5) To Be Separately Answered By Each Defendant

6.

dated May 27,2010.

Exhibit 6 is a true and correct copy of Plaintiffs Second Set of Interrogatories

(Nos. 6-8) To Be Separately Answered By Each Defendant dated September 16,2010.
7

.

Exhibit 7 is a true and conect copy of Plaintiffls Third Set of Interrogatories (No.

9) To Be Separately Answered By Each Defendant dated November 1,2010.

8.

Exhibit 8 is a true and correct copy of Plaintiffs Fourth Set of Interrogatories

(No. l0) To Be Separately Answered By Each Defendant dated April 1 ,2011.

9.

Exhibit 9 is a true and correct copy of Plaintiffls First Set of Intenogatories Qllos.

l-2) To Be Answered By Defendant Frito-Lay dated April 5, 2011.

10.

Exhibit l0 is a true and correct copy of the first two pages of Eolas's infringement

contention claim charts regarding the '906 Patent and the '985 Patent served on October 14,

20t1.
1

l.

Exhibit

I

I is a true and correct copy of the enor message received by directing

a

browser to http://happiness.fritolay.com.

12.

Exhibit 12 is a true and correct copy of a press release retrieved from

http://www.fritolay.com/about-us/press-release-201

13.

l0207.html on November 2,2011

Exhibit 13 is a true and correct copy of Docket No. 171 for Case No. 2:04-cv-

00297-LED.

I declare under penalty of perjury according to the laws of the United States that the
foregoing is true and conect to the best of my knowledge.

November 4,2011

CERTIFICATE OF SERVICE
The undersigned certifies that the foregoing document was filed electronically in
compliance with Local Rule CV-S(a). As such, this document was served on all counsel who
have consented to electronic service. Local Rule CV-5(aX3XA) on this November 4,2011.

/s/ Douglas R. Mcffi'anq Jr.
Douglas R. McSwane, Jr.