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)

EXHIBIT 5

IN THE UNTED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF TEXAS
TYLER DIVISION
Eolas Technologies Incorporated, §
§
Plaintiff, §

- §

Civil Action No. 6:09-cv-446

§
§

§

Adobe Systems Inc., Amazon.com, Inc., §

Apple Inc., Blockbuster Inc., CDW Corp., §

JUY TRI

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., §

Offce Depot, Inc., Perot Systems Corp., §
Playboy Enterprises International, Inc., §

Rent-A-Center, Inc., §
Staples, Inc., Sun Microsystems Inc., §
Texas Instruments Inc., Yahoo! Inc., §

and Y ouTube, LLC §

§
Defendants. §

1-5) TO BE SEPARTELY

PLAINTIFF'S FIRT SET OF INTERROGATORIS (NOS.

ANSWERED BY EACH DEFENDANT

Plaintiff Eolas Technologies Incorporated ("Eolas" or "Plaintiff') fies this First Set of
Interrogatories to Defendants Adobe Systems Inc. ("Adobe"), Amazon.com, Inc. ("Amazon"),

Apple Inc. ("Apple"), Blockbuster Inc. ("Blockbustet'), CDW Corp. ("CDW"), Citigroup Inc.

("Citigroup"), eBay Inc. ("eBay"), Frito-Lay, Inc. ("Frito-Lay"), The Go Daddy Group, Inc.
("Go Daddy"), Google Inc. ("Google"), J.C. Penney Company, Inc. ("J.C. Penney"), JPMorgan

Chase & Co. ("JPMorgan Chase"), New Frontier Media, Inc. ("New Frontier Media"), Offce
Depot, Inc. ("Office Depot"), Perot Systems Corp. ("Perot Systems"), Playboy Enterprises

International, Inc. ("Playboy"), Rent-A-Center, Inc. ("Rent-A-Centet'),

Staples, Inc.

("Staples"), Oracle America, Inc., flka Sun Microsystems, Inc. ("Sun Microsystems"), Texas

Instrments Inc. ("Texas Instruments"), Yahoo! Inc. ("Yahoo") and YouTube, LLC
EOLAS' FIRST SET OF INTERROGATORIES
NOS.

1-5

Ausiin 59736v3

PAGE 1

("YouTube") (collectively "Defendants"). The answers should be served upon counsel for Eolas
as provided by Fed. R. Civ. P. 33.

I. INSTRUCTIONS
1. For the following interrogatories the information sought is that which is current to

the date of your response. The following interrogatories are of a continuing natue and
Civil Procedure 26(e).

supplemental responses are required in accordance with Federal Rule of

2. If any information is withheld on the basis of a claim of privilege or work product,

then the answer shall: generally identify the information withheld by subject matter, author,
addressees, and carbon copy recipient(s); stte the basis for withholding the information; and
the withheld information.

identify the person(s) knowledgeable about the subject matter of

3. If any documents referred to in your response to these interrogatories were, but are
. no longer in your possession, custody, or control, state what disposition was made of them and

when. If any documents referred to in response to these interrogatories have been lost or
destroyed, describe in detail the circumstances of such loss or destruction and identify each lost
or destroyed document (and all files that contained such documents).
4. If

the procedure for answering interrogatories as authorized by Fed. R. Civ. P. 33(d)

is used, for each interrogatory and subpar thereof, specify the production (i.e., Bates) numbers
of the specific document or group of documents.

II. DEFINITIONS
The following terms and definitions shall apply to these Interrogatories:

1. "And" as used herein shall mean and/or.

2. "Eolas" means Eolas Technologies, Inc. and includes any offcers, directors, parters,
associates, employees, staff members, agents, representatives, attorneys, subsidiaries, parents,

affliates, divisions, successors, predecessors and any other related entities.
EOLAS' FIRST SET OF INTERROGATORIES
NOS.

1-5

Austin 59736v3

PAGE

2

3. "Discuss," "relate to" or "support" means in any way directly or indirectly, in whole
or in part discussing, referring to, regarding, constituting, concerning, about, pertining to,

relating to, reflecting, considering, underlying, modifying, amending, confirming, mentioning,

endorsing, evidencing, sumrnarizing, memorializing, describing, analyzing, evaluating,
representing, supporting, qualifying, terminating, revoking, canceling or negating.
4. "Identify," when used with reference to:

(a) an individual person, means to state his full name, present or last known employer,

job title, present or last known residence addresses and telephone number, and present or last
known business addresses and telephone number.

(b) a business entity, means to state the full name and address of the entity and the
names and positions of the individual or individuals connected with such entity who have
knowledge of

the information requested.

(c) a document, means to state the type of document (letter, memorandum, etc.), its date,

author(s) or originator(s), addressee(s), all individuals who received copies of the document, the

identity of persons known or presumed by you to have present possession, custody or control

thereof, and a brief description of the subject matter and present location. The foregoing is
unnecessar ifthe document is being produced to Eolas in lieu ofthe answer to an Interrogatory.

If the document has already been produced, "identify" means to provide the production number
of

the document.
5. "Patents-in-Suit," "Patent-in-Suit" or "Relevant Patents" collectively refers to United

States Patent Nos. 5,838,906 ("the '906 patent") and 7,599,985 ("the '985 patent"), as well as
any patent(s) subsequently asserted by Eolas in this action.
6. "Person" shall refer to any natural person, firm, association, partnership, corporation,

group, organization or other form oflegal business entity.
EOLAS' FmsT SET OF INERROGATORIS
Nos.
1-5
Austin 59736v3

PAGE

3

7. "Adobe" means Adobe Systems Inc., and includes any offcers, directors, parters,
associates, employees, staff members, agents, representatives, attorneys, subsidiaries foreign or

domestic, parents, affliates, divisions, successors, predecessors, and any other related entities,

and specifically includes all assets or companies that have been acquired by Adobe or with
respect to which it has succeeded to rights or obligations.

8. "Amazon" means Amazon.com, Inc., and includes any offcers, directors, partners,
associates, employees, staff members, agents, representatives, attorneys, subsidiaries foreign or

domestic, parents, affliates, divisions, successors, predecessors, and any other related entities,

and specifically includes all assets or companies that have been acquired by Amazon or with
respect to which it has succeeded to rights or obligations.

9. "Apple" means Apple, Inc., and includes any offcers, directors, parers, associates,
employees, staff members, agents, representatives, attorneys, subsidiaries foreign or domestic,

parents, affliates, divisions, successors, predecessors, and any other related entities, and
specifically includes all assets or companies that have been acquired by Apple or with respect to
which it has succeeded to rights or obligations.
i O. "Blockbuster" means Blockbuster, Inc., and includes any offcers, directors, parters,

associates, employees, staff members, agents, representatives, attorneys, subsidiares foreign or

domestic, parents, affliates, divisions, successors, predecessors, and any other related entities,
and specifically includes all assets or companies that have been acquired by Blockbuster or with
respect to which it has succeeded to rights or obligations.

i i. "CDW" means CDW Corp., and includes any offcers, directors, parers, associates,
employees, staff members, agents, representatives, attorneys, subsidiaries foreign or domestic,

parents, affliates, divisions, successors, predecessors, and any other related entities, and

EOLAS' FIRST SET OF
Nos.

1-5

Austin 59736v3

INTERROGATORIS

PAGE

4

specifically includes all assets or companies that have been acquired by CDW or with respect to
which it has succeeded to rights or obligations.

12. "Citigroup" means Citigroup, Inc., and includes any officers, directors, parters,
associates, employees, staff members, agents, representatives, attorneys, subsidiaries foreign or

domestic, parents, affliates, divisions, successors, predecessors, and any other related entities,
and specifically includes all assets or companies that have been acquired by Citigroup or with
respect to which it has succeeded to rights or obligations.

13. "eBay" means eBay, Inc. and/or PayPal, Inc. and includes any offcers, directors,
partners, associates, employees, staff members, agents, representatives, attorneys, subsidiaries

foreign or domestic, parents, affiiates, divisions, successors, predecessors, and any other related

entities, and specifically includes all assets or companies that have been acquired by eBay or
with respect to which it has succeeded to rights or obligations.

14. "Frito-Lay" means Frito-Lay, Inc., and includes any offcers, directors, parters,
associates, employees, staff members, agents, representatives, attorneys, subsidiaries foreign or

domestic, parents, affliates, divisions, successors, predecessors, and any other related entities,
and specifically includes all assets or companies that have been acquired by Frito-Lay or with
respect to which it has succeeded to rights or obligations.

15. "Go Daddy" means The Go Daddy Group, Inc. and includes any offcers, directors,
parters, associates, employees, staff members, agents, representatives, attorneys, subsidiaries

foreign or domestic, parents, affliates, divisions, successors, predecessors, and any other related

entities, and specifically includes all assets or companies that have been acquired by Go Daddy
or with respect to which it has succeeded to rights or obligations.

16. "Google" means Google, Inc., and includes any offcers, directors, parters,
associates, employees, staff members, agents, representatives, attorneys, subsidiaries foreign or
EOLAS' FIST SET OF INERROGATORIES
Nos. 1-5

Austin 59736v3

PAGES

domestic, parents, affliates, divisions, successors, predecessors, and any other related entities,

and specifically includes all assets or companies that have been acquired by Google or with
respect to which it has succeeded to rights or obligations.

17. "J.C. Penney" means the J.C. Penney Company, Inc., and includes any offcers,
directors, parners, associates, employees, staff members, agents, representatives, attorneys,

subsidiaries foreign or domestic, parents, affliates, divisions, successors, predecessors, and any
other related entities, and specifically includes all assets or companies that have been acquired by
J.C. Penney or with respect to which it has succeeded to rights or obligations.

18. "JPMorgan" and/or "JPMorgan Chase" means JPMorgan Chase & Co., and includes
any offcers, directors, parters, associates, employees, staff members, agents, representatives,

attorneys, subsidiaries foreign or domestic, parents, affliates, divisions, successors,
predecessors, and any other related entities, and specifically includes all assets or companies that

have been acquired by JPMorgan and/or JPMorgan Chase or with respect to which it has
succeeded to rights or obligations.

19. ''New Frontier Media" means New Frontier Media, Inc., and includes any offcers,
directors, partners, associates, employees, staff members, agents, representatives, attorneys,

subsidiaries foreign or domestic, parents, affliates, divisions, successors, predecessors, and any
other related entities, and specifically includes all assets or companies that have been acquired by
New Frontier Media or with respect to which it has succeeded to rights or obligations.

20. "Offce Depot" means Offce Depot, Inc., and includes any offcers, directors,
parters, associates, employees, staff members, agents, representatives, attorneys, subsidiaries

foreign or domestic, parents, affiiates, divisions, successors, predecessors, and any other related

entities, and specifically includes all assets or companies that have been acquired by Offce
Depot or with respect to which it has succeeded to rights or obligations.
EOLAS' FIRST SET OF INTERROGATORIES
Nos.

1-5

Austin 59736v3

PAGE

6

21. "Perot Systems" means Perot Systems Corp., and includes any offcers, directors,
parters, associates, employees, staff members, agents, representatives, attorneys, subsidiaries

foreign or domestic, parents, affiiates, divisions, successors, predecessors, and any other related

entities, and specifically includes all assets or companies that have been acquired by Perot
Systems or with respect to which it has succeeded to rights or obligations.

22. "Playboy" means Playboy Enterprises International, Inc., and includes any offcers,

directors, parters, associates, employees, staff members, agents, representatives, attorneys,
subsidiaries foreign or domestic, parents, affliates, divisions, successors, predecessors, and any
other related entities, and specifically includes all assets or companies that have been acquired by
Playboy or with respect to which it has succeeded to rights or obligations.
23. "Rent-a-Center" means Rent-A-Center, Inc., and includes any offcers, directors,
parers, associates, employees, staff members, agents, representatives, attorneys, subsidiaries

foreign or domestic, parents, affliates, divisions, successors, predecessors, and any other related

entities, and specifically includes all assets or companies that have been acquired by Rent-ACenter or with respect to which it has succeeded to rights or obligations.

24. "Staples" means Staples, Inc., and includes any offcers, directors, parers,
associates, employees, staff members, agents, representatives, attorneys, subsidiaries foreign or

domestic, parents, affliates, divisions, successors, predecessors, and any other related entities,

and specifically includes all assets or companies that have been acquired by Staples or with
respect to which it has succeeded to rights or obligations.

25. "Sun" and/or "Sun Microsystems" means Oracle America Inc., or Sun Microsystems,

Inc., and includes any offcers, directors, parters, associates, employees, staff members, agents,

representatives, attorneys, subsidiares foreign or domestic, parents, affliates, divisions,
successors, predecessors, and any other related entities, and specifically includes all assets or
EOLAS' FmST SET OF INTERROGATORIES
Nos. 1-5

Ausiin 59736v3

PAGE 7

companies that have been acquired by Sun and/or Sun Microsystems or with respect to which it
has succeeded to rights or obligations.

26. "Texas Instrments" means Texas Instrments Inc., and includes any offcers,
directors, parners, associates, employees, staff members, agents, representatives, attorneys,
subsidiaries foreign or domestic, parents, affliates, divisions, successors, predecessors, and any
other related entities, and specifically includes all assets or companies that have been acquired by
Texas Instruments or with respect to which it has succeeded to rights or obligations.

27. "Yahoo" means Yahoo!, Inc., and includes any offcers, directors, partners,
associates, employees, staff members, agents, representatives, attorneys, subsidiaries foreign or

domestic, parents, affliates, divisions, successors, predecessors, and any other related entities,

and specifically includes all assets or companies that have been acquired by Yahoo or with
respect to which it has succeeded to rights or obligations.

28. "YouTube" means YouTube, LLC, and includes any offcers, directors, parters,
associates, employees, staff members, agents, representatives, attorneys, subsidiaries foreign or

domestic, parents, affliates, divisions, successors, predecessors, and any other related entities,
and specifically includes all assets or companies that have been acquired by Y ouTube or with
respect to which it has succeeded to rights or obligations.
29. "Defendants" collectively refers to Adobe, Amazon, Apple, Blockbuster, CDW,

Citigroup, eBay, Frito-Lay, Go Daddy, Google, J.C. Penney, JPMorgan, New Frontier Media,
Offce Depot, Perot Systems, Playboy, Rent-A-Center, Staples, Sun, Texas Instruments, Yahoo
and Y ouTube.

30. "You," or "Your" means the responding part, depending on who is responding, and
includes any offcers, directors, parters, associates, employees, staff members, agents,

representatives, attorneys, subsidiaries foreign or domestic, parents, affliates, divisions,
EOLAS' FmsT SET OF INTERROGATORIES
Nos.

1-5

Austin 59736v3

PAGES

successors, predecessors, and any other related entities, and specifically includes all assets or

companies that you have acquired or with respect to which you have succeeded to rights or
obligations.

31. As used herein, the term "document" means and includes, but is not limited to, the

following items, whether typed, printed, handwritten, drawn, created, recorded, stored, or
reproduced by any means or process and whether or not a claim of privilege or other bar to
discovery is asserted: notes, letters, memoranda, correspondence, e-mail, drafts, books,

telegrams, telexes, telephone bills, telephone logs, notebooks, charts, tables, lists, graphs,
agendas, outlnes, schedules, plans, studies, applications, policies, procedures, rules, guidelines,

manuals, handbooks, evaluations, worksheets, minutes, bids, bid forms, promissory notes,
memoranda of understanding, statements of work, requests for proposal, requests for quotation,
letters of intent, contracts, agreements, journal ledgers, accounting ledgers, invoices,

spreadsheets, loan agreements, tabulations, compilations, financial statements, income

statements, balance sheets, checks, registers, pro- formas, budgets, projections, strategic plans,
calendars, diares, appointment books, records and summaries of meetings, telephone

conversations or interviews, investigative reports, consultant reports, credit reports, requests for

information, proposals, videotapes, audio tapes, recordings, computer tapes, computer disks,
DVDs, CDs, computer printouts and data stored on any computer-accessible media, databases,
call tracking systems, defect trackig systems, consumer relationship systems or softare, sales

force automations systems, engineering notebooks, lab notebooks, drawings, sketches, designs,

illustrations, diagrams, schematics, engineering drawings, blueprints, CAD, project schedules,
design reviews, project reviews, status reports, bug reports, change logs, test results, data books,
data sheets, user manuals, installation guides, patch release notes, white papers, application

notes, bils of material, product literature, advertising documents, competitive analyses, market
EOLAS' FIST SET OF INERROGATORIS
1-5

NOS.

Austin 59736v3

PAGE

9

share studies, presentations, price lists, product lists, customer lists, catalogs, sales reports,
annual reports, government fiings, press releases, patents, patent applications (including

abandoned applications), fie histories, prior art, prior art searches or reports, foreign patent
applications, trademark applications, trademark searches, source code, server code, object code,

machine code, source fies, library files, data files, text files, program fies, directory fies, and
computer applications, systems or softare, including my file systems back up, and all other

writings or drafts thereof as defined in Federal Rule of Civil Procedure 34(a) and Federal Rule of
Evidence § 1001 and all non-identical copies of

the items described above.

32. As used herein, the term "communication" means any transmission of information

from one person or entity to another, including, without limitation, by personal meeting, letter,

memorandum, note, telephone, telecopier, radio, telegraph, electronic mail (including, but not
limited to, any data recovered from back up media, whether on-site or off-site), image, symbol,
data, photograph, sound or video.
33. As used herein, "web application" includes, but is not limited to, applications that are

accessed over a network such as the Internet and includes computer softare applications that
are hosted in a browser-controlled environment (e.g. a Java applet) or coded in a browsersupported language (such as JavaScript, combined with a browser-rendered markup language

like HTML) and reliant on a web browser to render the application.
34. As used herein, "AJAX-like technologies" includes, but is not limited to, HTMLor

XHTML and/or CSS for presentation of the Document Object Model; XM and/or XSL T for the

interchange, and manipulation and display of data; the XMHttRequest object; and/or other
similar technologies.
35. As used herein, the term "Accused Product(s)" shall have the following meaning,

depending on your identity:
EOLAS' FIRST SET OF INTERROGATORIS
Nos.

1-5

Austin 59736v3

PAGE 10

a. If

you are Adobe, then the term "Accused Product(s)" means, but is not limited to,

the following:

The flash authoring tools, plug-ins and players identified in the chars titled "906 Adobe - Authoring Tools and Players" and "985 - Adobe - Authoring Tools and
Players" attched to Eolas' P.R. 3-2 submission. This includes, but is not limited

to the following:

.
.

.
.
.
.
.
.

.
.
.

Flash Professional

Flash Platform
Creative Suite 4 Production Premium
Creative Suite 4 Design Premium
Creative Suite 4 Web Premium

Creative Suite 4 Web Standard
Creative Suite 4 Master Collection
Flex
Director
Dreamweaver
lnesign CS4

The websites (including the servers hosting those websites) and fuctionality

i "and "985 - Adobei " attched to Eolas' P.R. 3-2 submission. This includes, but is not
limited to the following:
identified in the chart titled "906 - Adobe - Flash - Char

Flash - Char

.
.

.

ww.Adobe.com
CookBooks.Adobe.com
StudentEditions.Adobe.com

The websites (including the servers hosting those websites) and functionality
identified in the char titled "906 - Adobe - Flash - OtherDomains" and "985 Adobe - Flash - OtherDomains" attched to Eolas' P.R. 3-2 submission. This
includes, but is not limited to the following:
tV.adobe.com
. labs.adobe.com

.

.
.
.
.

ww.photoshoo.com
cocomo.acrobat.com

ww.adobe.com/financial
ww.adobe.comlmanufacturing

The pdf authoring tools and plug-ins identified in the chart titled "906 - Adobe PDF - Authoring Tools and Players" and "985 - Adobe - PDF - Authoring Tools
and Players" attched to Eolas' P.R. 3-2 submission. This includes, but is not

limited to the following:

.
.

Acrobat Standard

.
.
.
.
.
.

Creative Suite 4 Design Standard
Creative Suite 4 Web Premium
Creative Suite 4 Master Collection
Technical Communication Suite 2
Distiller Server
Flash Paner

.
.

Acrobat Pro
Acrobat Pro Extended
Creative Suite 4 Design Premium

EoLA' FIRST SET OF INERROGATORI
Nos. 1-5
Austi 59736v3

PAGE 11

.
.
.

Framemaker
InDesign CS4
Pagemaker

The websites (including the servers hosting those websites) and functionality
identified in the char titled "906 - Adobe - photoshop.com - Flash - Chart i" and
"985 - Adobe - photoshop.com - Flash - Charl" attched to Eolas' P.R. 3-2

submission. This includes, but is not limited to the following:

.

ww.ohotoshop.com

The Adobe Search Buddy functionality (including the servers hosting it) identified
in the chart titled "985 - Adobe - Search Buddy" attched to Eolas' P.R. 3-2
submission.
Adobe Flash 10. I and Flash Lite for mobile devices as identified in the chars
titled "906 - Adobe - Flash 10. I and Flash Lite for Mobile Devices" and "985 Adobe - Flash 10.1 and Flash Lite for Mobile Devices" attched to Eolas' P.R. 3-2
submission.

you are Amazon, then the term "Accused Product(s)" means, but is not limited

b. If

to, the following:

The websites (including the servers hosting those websites) and functionality
identified in the charts titled "906 - Amazon - Chart I" and "985 - Amazon Charl" attched to Eolas' P.R. 3-2 submission. This includes, but is not limited
to the following:

.
.

ww.amazon.com
ww.windowshoo.com

The websites (including the servers hosting those websites) and functionality
identified in the chart titled "906 - Amazon - OtherDomains" and "985 - Amazon
- OtherDomains" attched to Eolas' P.R. 3-2 submission. This includes, but is not
limited to the following:

.

.
.
.
.
.
.

zaooostv .magnifev .net
imdb.com

webstore.amazon.com
endless.com
blog.shooboD.com
soundunwound.com

ww.abebooks.com

The Amazon Auto Complete functionality (including the servers hosting it)
identified in the chart titled "985 - Amazon - Auto Complete" attched to Eolas'

P.R. 3-2 submission.
The Amazon product slider as identified in the chart titled "985 - Amazon Slider" attched to Eolas' P.R. 3-2 submission.

c. If

you are Apple, then the term "Accused Product(s)" means, but is not limited to,

the following:
EOLAS' FIRST SET OF INTERROGATORIES
Nos.

1-5

Austin 59736v3

PAGE 12

The Apple Safari browser for Windows, Apple and other operating systems as
identified in the chart titled "906 - Apple - Safari" and "985 - Apple - Safar"
attched to Eolas' P.R. 3-2 submission.

Apple iTunes for Windows, Apple and other operating systems (including Apple
hardware, such as laptops, desktops, the ¡Pad and the iPhone that comes pre-

installed with iTunes) as identified in the chars titled "906 - Apple - iTunes" and
"985 - ADDIe - iTunes" attched to Eolas' P.R. 3-2 submission.

Apple hardware, such as laptops, desktops, the ¡Pad and the ¡Phone that come preinstalled with the Apple Safari browser as identified in the chars titled "906 Apple - Safari", "985 - Apple - Safari", "906 - Apple - iTunes" and "985 - AppleiTunes".
The QuickTime authoring tools, plug-ins and players identified in the chars titled

"906 - Apple - QuickTime - AuthoringIlayers" and "985 - Apple - QuickTime AuthoringIlayers" attched to Eolas' P.R. 3-2 submission. This includes, but is
not limited to the following:
. QuickTime Pro
. QuickTime Broadcaster
. QuickTime Streaming Server
. QuickTime VR Authorig Studio
. Darwin Streaming Server
. QuickTime Player
. QuickTime Plug-in
The websites (including the servers hosting those websites) and functionality
identified in the charts titled "906 - Apple - QuickTime - Char

I " and "985 -

Apple - QuickTime - Charl" attched to Eolas' P.R. 3-2 submission. This
includes, but is not limited to the following:

.

ww.apple.com

The websites (including the servers hosting those websites) and functionality
identified in the charts titled "906 - Apple - QuickTime - Other Domains" and
"985 - Apple - QuickTime - Other Domains" attched to Eolas' P.R. 3-2
submission. This includes, but is not limited to the following:

.
.

ww.apple.com
developer.

apple.

com

The Apple Search Shortcuts functionality (including the servers hosting it)
identified in the char titled "985 - Apple - Search Shortcuts" attched to Eolas'
P.R. 3-2 submission.

d. If you are Blockbuster, then the term "Accused Product(s)" means, but is not

limited to, the following:
The websites (including the servers hosting those websites) and functionality
identified in the charts titled "906 - Blockbuster - Chartl" and "985 - Blockbuster
- Char
i " attched to Eolas' P.R. 3-2 submission. This includes, but is not limited
to the following:
. ww.blockbuster.com

EOLAS' FmsT SET OF INTERROGATORIES
1-5

NOS.

Ausiin 59736v3

PAGE 13

you are CDW, then the term "Accused Product(s)" means, but is not limited to,

e. If

the following:

The websites (including the servers hosting those websites) and functionality
identified in the charts titled "906 - CDW Charl" and "985 - CDW - Charl"
attched to Eolas' P.R. 3-2 submission. This includes, but is not limited to the

following:

. ww.cdw.com
The CDW Auto Suggest functionality (including the servers hosting it) identified
in the char titled "985 - CDW - AutoSuggest" attched to Eolas' P.R. 3-2
submission.

f. If

you are CitiGroup, then the term "Accused Product(s)" means, but is not limited

to, the following:

The websites (including the servers hosting those websites) and functionality
identified in the chart titled "906 - Citi Group - Chart I" and "985 - Citi Group Chart I" attched to Eolas' P.R. 3-2 submission. This includes, but is not limited

to the following:

.
.

.

ww.citi.com
ww.studentloan.com
www.citibank.com

The websites (including the servers hosting those websites) and functionality
identified in the chars titled "906 - CitiGroup - OtherDomains" and "985 CitiGroup - OtherDomains" attched to Eolas' P.R. 3-2 submission. This

includes, but is not limited to the following:
www.citigroup.com
icq.citi.com
. www.citimortgage.com

.
.
.
.
.

ww.citifinancial.com
ww.transactionservices.citigroup.com
ww.privatebank.citibank.com
ww.citicards.com

.

ww.primerica.com
ww.banamex.com

.
.
.

online.citibank.com

The websites (including the servers hosting those websites) and functionality
identified in the char titled "985 - CitiGroup - Banking System" attched to
Eolas' P.R. 3-2 submission. This includes, but is not limited to the following:
. CitiDirect Online Baning

.

.
.

Citibank Online Investments COLI)

Citi International Financial Services Net Exchange
CitiFX Pro Web.
The websites (including the servers hosting those websites) and functionality

identified in the char titled "906 - CitiGroup - Java - Charl" and "985CitiGroup-Java - Charl" attched to Eolas' P.R. 3-2 submission. This includes,
EOLA' FIRST SET OF INTERROGATORIES
Nos. 1-5
Ausin 59736v3

PAGE 14

but is not limited to the following:
. online.citibank.com

. ww.citifinancialauto.com

you are eBay, then the term "Accused Product(s)" means, but is not limited to,

g. If

the following:

The websites (including the servers hosting those websites) and functionality
identified in the chars titled "906 - eBay - Charl" and "985 - eBay - Charl"
attched to Eolas' P.R. 3-2 submission. This includes, but is not limited to the

following:
www.ebav.com
. neighborhoods.ebav.com
. success.ebav.com

.

The websites (including the servers hosting those websites) and functionality
identified in the chars titled "906 - eBay - OtherDomains" and "985 - eBay OtherDomains" attched to Eolas' P.R. 3-2 submission. This includes, but is not

limited to the following:
. http://antiques.shoD.ebav.com

.
.

.
.
.
.
.

.
.
.
.
.
.

.
.
.
.
.

.

ww.pavpal.com
ww.stubhub.com
http://www.ebavgreenteam.comlns/buv-green.html
httD:// givingworks.ebav .com

http://art.shoD.ebav.com
httD ://babv. shop.ebav .com

http://business.shop.ebav.com
h ttp://photographv. shop.ebav .com
httD://www .motors.ebav.com
http:// cell-phones.ebav.com

http://coins.ebav.com
httD://comDuters.ebav.com
httD:I/dolls.shop.ebav.com
http://services.ebav.com
httD ://video-games.ebav .com

http://electronics.ebav.com

ww.prostores.com
WW.shopDing.com
ww.skVDe.com

The eBay AutoFiI functionality (including the servers hosting it) identified in the
chart titled "985 - eBav - AutoFil" attched to Eolas' P.R. 3-2 submission.
The websites (including the servers hosting those websites) and functionality
identified in the chars titled "906 - eBay - Widgets" and "985 - eBay - Widgets"
attched to Eolas' P.R. 3-2 submission. This includes, but is not limited to the
following:

.

ww.ebav.com

EOLAS' FIRST SET OF INTERROGATORIES
Nos.

1-5

Austin 59736v3

PAGE is

you are Frito-Lay, then the term "Accused Product(s)" means, but is not limited

h. If

to, the following:
The websites (including the servers hosting those websites) and functionality

identified in the charts titled "906 - Frito-Lay - Charl" and "985 - Frito-Lay Chartl" attached to Eolas' P.R. 3-2 submission. This includes, but is not limited
to the following:
. Frito-Lav.com

you are GoDaddy, then the term "Accused Product(s)" means, but is not limited

i. If

to, the following:

The websites (including the servers hosting those websites) and functionality
identified in the charts titled "906 - GoDaddy - Chart i" and "985 - GoDaddy Charl" attched to Eolas' P.R. 3-2 submission. This includes, but is not limited
to the following:
. ww.godaddv.com
. radiogodaddv.com
. videos.godaddv.com

j. If you are Google, then the term "Accused Product(s)" means, but is not limited

to, the following:

The Google Chrome browser for Widows, Apple and other operating systems as
identified in the charts titled "906 - Google - Chrome" and "985 - Google Chrome" attched to Eolas' P.R. 3-2 submission.
The websites (including the servers hosting those websites) and functionality
identified in the char titled "906 - Google - Chart I" and "985 - Google - Char
I" attched to Eolas' P.R. 3-2 submission. This includes, but is not limited to the
following:
DoubleClick.com
Finance.Google.com
Video.Google.com

.
.
.

The websites (including the servers hosting those websites) and functionality
identified in the char titled "906 - Google - Other Domains" and "985 - Google Other Domains" attched to Eolas' P.R. 3-2 submission. This includes, but is not

limited to the following:
google.comlgooglevoice
. news.google.com
. oicasa.google.com
sketchuo.google.com
google.com/googlevoice

.

.
.
.

services.2:oo2:le.com

EOLAS' FIT SET OF INTERROGATORIES
NOS.

1-5

Austin 59736v3

PAGE 16

.
.
.

google.com/latitude
en.blog.orkut.com

ww.episodic.com

The Google Android Operating System for mobile devices (such as the Droid and
Nexus One phone and other devices) as identified in the chart titled "906 Google - Android for mobile devices" and "985 - Google - Android for mobile
devices" attched to Eolas' P.R. 3-2 submission.

The websites (including the servers hosting those websites) and functionality
identified in the chart titled "906 - Google - Phone - Chart I" and "985 - Google Phone - Chartl" attched to Eolas' P.R. 3-2 submission. This includes, but is not

limited to the following:

.

ww.l!ool!le.com/phone
...

Google AdSense (including the servers hosting it) as identified in the char titled
"985 - Gool!le - AdSense" attched to Eolas' P.R. 3-2 submission.
Google Documents (including the servers hosting it) as identified in the chart titled
"985 - Gool7le - Documents" attched to Eolas' P.R. 3-2 submission.

Google Gmail (including the servers hosting it) as identified in the chart titled
"985 - Gool!le - Gmail" attched to Eolas' P.R. 3-2 submission.
Google Search Suggest fuctionality (including the servers hosting it) as identified
in the char titled "985 - Google - Search Suggest" attched to Eolas' P.R. 3-2
submission.
Google Search functionality (including the servers hosting it) as identified in the
char titled "985 - Google - Search" attched to Eolas' P.R. 3-2 submission.
Google Maps (including the servers hosting it) as identified in the chart titled "985
- Gool7le - Mans" attched to Eolas' P.R. 3-2 submission.

Google Maps Web Service (including the servers hosting it) as identified in the
chart titled "985 - Google - Maps Web Service" attched to Eolas' P.R. 3-2

submission.
iGoogle (including the servers hosting it) as identified in the chart titled "985 Gool!le - iGool!le" attched to Eolas' P.R. 3-2 submission.
Google Episodic as identified in the charts titled "906 - Episodic - Flash episodic.com" and "985 - Episodic - Flash - episodic" as identified in the chars
nrovided to Gool7le's counseL.

k. If you are J.e. Penney, then the term "Accused Product(s)" means, but is not

limited to, the following:
The websites (including the servers hosting those websites) and functionality

identified in the charts titled "906 - JC Penney - Chart I" and "985 - JC Penney Charl" attched to Eolas' P.R. 3-2 submission. This includes, but is not limited
to the following:
. ww.icpennevbrands.com
. www.icpennev.net

. ww.icpennev.com
. icpportraits.com

EOLAS' FIRST SET OF INTERROGATORIES
Nos.

1-5

Austin 59736v3

PAGE 17

1. If

you are JPMorgan, then the term "Accused Product(s)" means, but is not limited

to, the following:

The websites (including the servers hosting those websites) and functionality
identified in the char titled "906 - JPMorganChase - Chart

I " and "985 -

JPMorganChase - chartl" attched to Eolas' P.R. 3-2 submission. This includes,
but is not limited to the following:
. ww.JPMogran.com

.
.

ww.Chase.com
thewavforward. ipmorganchase.com

The websites (including the servers hosting those websites) and functionality
identified in the charts titled "906 - JPMorganChase - OtherDomains" and "985 JPMorganChase - OterDomains" attched to Eolas' P.R. 3-2 submission. This
includes, but is not limited to the following:
. efxdemo. ipmorgan.com
demo.chase.com
. WW.ipmOrgan.com
. mortgage.chase.com
. ww. ipmorganchase.com

.
.

newhire. ipmorganchase.com

The websites (including the servers hosting those websites) and functionality
identified in the chart titled "985 - JPMorganChase - Banking System" attched to

Eolas' P.R. 3-2 submission. This includes, but is not limited to the following:

.

m. If

https:// chaseon I ine.chase.com/

you are New Frontier Media, then the term "Accused Product(s)" means, but is

not limited to, the following:
The websites (including the servers hosting those websites) and fuctionality
identified in the char titled "906 - New Frontier Media - Quicktime - Chart

i " and

i " attched to Eolas' P.R. 3-2
submission. This includes, but is not limited to the following:

"985 - New Frontier Media - Quicktime - Char

. ww.lightning-ent.com
. ww.mainlinereleasing.com
. media.lightning-ent.com

The websites (including the servers hosting those websites) and functionality
identified in the chart titled "906 - New Frontier Media - Adult Websites," "906 New Frontier Media - Adult 2," "985 - New Frontier Media - Adult Websites" and
"985 - New Frontier Media - Adult 2" attched to Eolas' P.R. 3-2 submission
and/or as Drovided to New Frontier Media's counseL.

EOLAS' FIRST SET OF INTERROGATORIES
Nos.

1-5

Austin 59736v3

PAGE is

n. If you are Offce Depot, then the term "Accused Product(s)" means, but is not

limited to, the following:

The websites (including the servers hosting those websites) and functionality
identified in the char titled "906 - OffceDepot - Char
i " and "985 - OffceDepot
- Charl" attched to Eolas' P.R. 3-2 submission. This includes, but is not limited
to the following:
. ww.offcedeoot.com
. ww.techdepot.com
. ww.ativaproducts.com

The Offce Depot Predictive Search fuctionality (including the servers hosting it)
identified in the char titled "985 - OffceDepot - Predictive Search" attched to
Eolas' P.R. 3-2 submission.

o. If you are Perot Systems, then the term "Accused Product(s)" means, but is not

limited to, the following:
The websites (including the servers hosting those websites) and fuctionality

i " and "985 - Perot
Systems - Charl" attched to Eolas' P.R. 3-2 submission. This includes, but is
identified in the chars titled "906 - Perot Systems - Char

not limited to the following:
. http://ww.perotsvstems.com

you are Playboy, then the term "Accused Product(s)" means, but is not limited

p. If

to, the following:

The websites (including the servers hosting those websites) and functionality
identified in the chars titled "906 - Playboy - Charl" and "985 - Playboy Charl" attched to Eolas' P.R. 3-2 submission. This includes, but is not limited
to the following:
. Plavbov.com
. PlavbovStore.com
. Cvber.Plavbov.com
. VideoGirls.Plavbov.com
. PlavbovFragrances.com

. PlavbovTV.com
. PlavbovsAllNaturals.com
. PlavbovsBustvBabes.com
. PlavbovsFreshFaces.com

. PlavbovsSexvWives.com
. PlavbovsStudentBodies.com

. WomenOfPlavbov.com
. Tour.PlavbovPlus.com
. PlavbovGolf.com

EOLAS' FIR SET OF INERROGATORIES
1-5

Nos.

Austin 59736v3

PAGE 19

. PlavbovLive.com

The Playboy Auto Complete functionality (including the servers hosting it)
identified in the chart titled "985 - Playboy - Auto Complete" attched to Eolas'

P.R. 3-2 submission.

q. If you are Rent-A-Center, then the term "Accused Product(s)" means, but is not

limited to, the following:

The websites (including the servers hosting those websites) and functionality
identified in the chart titled "906 - RentACenter - Chartl" and "985 RentACenter - Chartl" attched to Eolas' P.R. 3-2 submission. This includes, but
is not limited to the following:
. rentacenter.com

r. If you are Staples, then the term "Accused Product(s)" means, but is not limited
to, the following:

The websites (including the servers hosting those websites) and functionality
identified in the charts titled "906 - Staples Inc. - Chart
i " and "985 - Staples Inc. Charl" attched to Eolas' P.R. 3-2 submission. This includes, but is not limited
to the following:
. staples.com
. media.staples.com

s. If you are Sun, then the term "Accused Product(s)" means, but is not limited to,
the following:

The Sun Java and/or JavaFX authoring tools, plug-ins and players identified in the
chart titled "906 - Sun - JavalJavaFX authoring tools/players" and "985 - Sun JavalJavaFX authoring tools/players" attched to Eolas' P.R. 3-2 submission.

This includes, but is not limited to the following:
. JavaFX SDK
. NetBeans IDE 6.5.1 for JavaFX 1.2
. JavaFX Production Suite

. Java FX Platform
. Java FX Mobile
. Java Development Toolkit (JDK)
. Java Application Verification Kit (A VK) for the Enterprise
. Java Platform, Enterprise Edition (Java EE)

. Java Platform, Stadard Edition (Java SE)
. Java SE for Business

. Java Real-Time Svstem
EOLAS' FIRST SET OF INTERROGATORIES
Nos. 1-5

Austin 59736v3

PAGE 20

.
.

Java Platform
Java Platform, Micro Edition (Java ME)

The websites (including the servers hosting those websites) and functionality
identified in the chars titled "906 - Sun - Charl" and "985 - Sun - Chartl"
attched to Eolas' P.R. 3-2 submission. This includes, but is not limited to the
following:

.
.
.
.

.
.
.
.
.

.

ww.sun.com
webcast-west.sun.com
identitvhero.sun.com
netbeans.org
blogs.sun.com

ww.opensparc.net
iava.sun.com
channelsun.sun.com
sunsolve.sun.com
developers.sun.com

The websites (including the servers hosting those websites) and functionality
identified in the charts titled "906 - Sun - JavalJavaFX - Char
i " and "985 - Sun
-JavalJavaFX-Charl" attched to Eolas' P.R. 3-2 submission. This includes,
but is not limited to the following:
. iava.sun.com

.

ww.iavafx.com

t. If you are Texas Instments, then the term "Accused Product(s)" means, but is

not limited to, the following:

The websites (including the servers hosting those websites) and functionality
i " and "985 - Texas

identified in the char titled "906 - Texas Instrments - Chart

Instents - Charl" attched to Eolas' P.R. 3-2 submission. This includes, but

is not limited to the following:
. ww.ti.com
. ww.dlp.com
. ww.84silver.com
. ww.timathrocks.com
. ww.education.ti.com

u. If you are Yahoo, then the term "Accused Product(s)" means, but is not limited
to, the following:

i The websites (including the servers hosting those websites) and functionality
EOLA' FIRST SET OF INERROGATORIES
Nos. 1-5

Austin 59736v3

PAGE

21

identified in the chars titled "906 - Yahoo - chartl" and "985 - Yahoo - charl"
attched to Eolas' P.R. 3-2 submission. This includes, but is not limited to the

following:
. movies.vahoo.com
. autos. yahoo.com
The websites (including the servers hosting those websites) and fuctionality

identified in the chart titled "906 - Yahoo - OtherDomains" and "985 - Yahoo OtherDomains" attched to Eolas' P.R. 3-2 submission. This includes, but is not
limited to the following:
. new.music.vahoo.com

.
.
.
.

.
.
.
.

.
.
.
.
.

.
.
.
.

.
.

developer.

yahoo.

com

video.vahoo.com
trave1.vahoo.com
tv.vahoo.com
sports.vahoo.com
games.vahoo.com
messenger. vahoo.com
advertising.yahoo.com
finance.vahoo.com
news.vahoo.com
vsearchblog.com
mobile.vahoo.com
omg.yahoo.com
shine.vahoo.com

ww.flickr.com
sel fcare.hotiobs. yahoo.

com

security .yahoo.com

mai1.vahoo.com
answers.vahoo.com

Yahoo Search Suggest functionality (including the servers hosting it) as identified
in the chart titled "985 - Yahoo - Search Suggest" attched to Eolas' P.R. 3-2

submission.
Yahoo Mail (including the servers hosting it) as identified in the char titled "985 Yahoo - Mail" attched to Eolas' P.R. 3-2 submission.
Yahoo Maps (including the servers hosting it) as identified in the chart titled "985
- Yahoo - Maps" attched to Eolas' P.R. 3-2 submission.
My Yahoo (including the servers hosting it) as identified in the char titled "985 Yahoo - Mv Yahoo" attched to Eolas' P.R. 3-2 submission.

v. If you are YouTube, then the term "Accused Product(s)" means, but is not

limited to, the following:

The websites (including the servers hosting those websites) and functionality
identified in the char titled "906 - Y ouTube - outube.com" and "985 - Y ouTube
EOLAS' FIRST SET OF INERROGATORIES
Nos.

1-5

Austn 59736v3

PAGE

22

- youtube.com" attched to Eolas' P.R. 3-2 "Submission.

This includes, but is not

limited to the following:

ww.voutube.com
Y ouTube Search Suggest functionality (including the servers hosting it) as
identified in the chart titled "985 - Y ouTube - Search Suggest" attched to Eolas'

P.R. 3-2 submission.
The Y ouTube HTML5 video player as identified in the char title "985 - Y ouTube
- HTML5" attched to Eolas' P.R. 3-2 submission.

EOLAS' FIRST SET OF INTERROGATORIES
Nos.
1-5
Austin 59736v3

PAGE

23

m. INTERROGATORIS
INTERROGATORY NO.1:
Separately for each Accused Product, identify and describe all documents generated,

created or maintained by You, or of which You are aware, that relate to customer-use studies,
surveys, reports, tracking data, estimates, sttistics, metrics, analytics, web analytics (including,
but not limited to, documents generated using web analytics softare such as Adobe Omniture,

Coremetrics, SAS, Google, other similar analytic softare, or any other analytic tool of which

You are aware), profitability studies, business plans and the like regarding how and to what
extent Your customers, users of the Accused Products, or others of whom You are aware, access
and/or make use of

the Accused Products and identify the personCs) most knowledgeable and the

documents related to Your response to this Interrogatory. This Interrogatory is limited to
October 2004 to the present time.

INTERROGATORY NO.2:
Separately for each Accused Product, identify the worldwide geographic 10cationCs) Ce.g.

city, stte and country) of all of Your servers, or servers of which You are aware, which host,

provide access to, or make available, or which have hosted, provided access to, or made
available, each Accused Product and identify the web server technology Ce.g. Apache, etc.)
which underlies or powers each server identified and identify the personCs) most knowledgeable

and the documents related to Your response to this Interrogatory. This Interrogatory is limited to
October 2004 to the present time.

EOLAS' FIRT SET OF INTERROGATORIES
Nos.

1-5

Austin 59736v3

PAGE 24

INTERROGATORY NO.3:

Separately for each Accused Product, identify the number and percentage of users,
customers, or others of whom You are aware, who access, and/or make use of the Accused
Products utilizing the following browser technologies:
a. Microsoft Internet Explorer (including mobile versions)

b. Apple Safari for Windows
c. Apple Safari for Apple operating systems
d. Apple Safari for the Apple ¡Phone or iPod

e. Browsers for BlackBerr (including the BlackBerr browser)
f. Google Chrome for Windows

g. Google Chrome for Apple operating systems
h. Google Android
i. Google Chrome for Linux

J. Firefox for Windows
k. Firefox for Apple operating systems

1. Firefox for Linux

m. Opera for Windows
n. Opera for Apple operating systems

o. Opera for Linux
p. Other browsers or applications not previously mentioned above,

and identify the person(s) most knowledgeable and the documents related to your response to

this Interrogatory. Your response should breakdown the number and percentage of users,
time (e.g. day, week,

customers, or others of whom You are aware, into quantifiable periods of

month, quarter, year, etc.) as maintained by You in the ordinary course of business. This
EOLAS' FIRST SET OF INTERROGATORIES
Nos.

1-5

Austin 59736v3

PAGE

25

Interrogatory is limited to October 2004 to the present time.

INTERROGATORY NO.4:
Identify and describe all licenses, settlement agreements or covenants-not-to-sue

("Agreements") entered by You, or of which You are aware, related to patents or patent
the following:

applications (from any jurisdiction or nationality) related any of

a. the Accused Products,

b. AJAX

c. AJAX-like technologies
d. JavaScript

e. JavalJavaFX
f.

Flash

g. Quicktime

h. HTML5
1. WebM
J. H.264
k. Web Applications

1. Internet browser technology/softare
m. Internet browser plug-in technology/softare

n. Internet related softare
o. embedded application technology/softare
p. media softare

Your description should include:
the patent(s)

a. the number and nationality of

EOLAS' FIRST SET OF INTERROGATORIES
Nos.

1-5

Austin 59736v3

PAGE

26

b. the entity who owns the patentCs)

c. the amount paid by you or to you

d. the date each Agreement was entered
e. the date the Agreement took effect

f. the date or events upon which the Agreement terminates

g. the exclusive or non-exclusive nature of the Agreement

and identify the person(s) most knowledgeable and the documents related to your response to
this Interrogatory.

INTERROGATORY NO.5:
Separately for each Accused Product, describe Your use of, support for, or planned use of
or support for the following technologies:

a. AJAX
b. AJAX-like technologies
c. JavaScript

d. JavalJavaFX
e. Flash

f. Quicktime

g. HTML5
h. WebM
i. H.264
J. web applications

and identify the personCs) most knowledgeable and the documents related to Your response to
this Interrogatory . Your description should include the date of first use of each of these
EOLAS' FIRST SET OF INERROGATORIES
1-5

NOS.

Austin 59736,,3

PAGE

27

technologies and the extent of use of each of these technologies as related to the Accused
Products. This Interrogatory is limited to October 2004 to the present time.

EOLAS' FIRST SET OF INTERROGATORIES
Nos. 1-5

Ausiin 59736v3

PAGE2S

Dated: May 27, 2010

McKoOL SMITH, P.C.
/s/ Josh Budwin
Mike McKool
Lead Attorney

Texas State Bar No. 13732100
mmckool~mckoolsmith.com
Douglas Cawley

Texas State Bar No. 04035500
dcawley~mckoolsmith.com
Luke McLeroy
Texas State BarNo. 24041455
lmclerovíamckoolsmith.com
McKoOL SMITH, P.C.
300 Crescent Cour, Suite 1500

Dallas, Texas 75201
Telephone: [phone]
Telecopier: [phone]
Sam F. Baxter
Texas State BarNo. 01938000
sbaxter~mckoolsmith.com
McKoOL SMITH, P.c.
104 E. Houston St., Ste. 300
P.O.

Box

0

Marshall, Texas 75670
Telephone: [phone]

Telecopier: [phone]

Kevin 1. Burgess
Texas State Bar No. 24006927
kburgess~mckoolsmith.com
Steven J. Pollnger
Texas State BarNo. 2401 1919

spollingerígmckoolsmith.com
Josh W. Budwin
Texa State Bar No. 24050347

ibudwiníamckoolsmith.com
McKoOL SMITH, P.C.

300 West Sixt Street, Suite 1700
Austin, Texas 78701
Telephone: [phone]
Telecopier: [phone]

ATTORNYS FOR PLAINTIFF
EOLAS TECHNOLOGIES, INC.

EOLAS' FIRST SET OF INTERROGATORIES
Nos.

1-5

Austin 59736v3

PAGE

29

CERTICATE OF SERVICE
The undersigned certifies that the foregoing document was served via electronic mail on
all counsel of

record on this the 27th day of

May, 2010.

/s/ Josh Budwin
Josh Budwin

EOLAS' FIRST SET OF INTERROGATORIES
Nos.

1-5

Ausiin 59736v3

PAGE 30