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 6

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., §

JUY TRIAL

Apple Inc., Blockbuster Inc., CDW Corp., §
Citigroup Inc., eBay Inc., Frito-Lay, Inc., §

The Go Daddy Group, Inc., Google Inc., §

J.e. 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 YouTube, LLC §

§
Defendants. §

PLAITIFF'S SECOND SET OF INTERROGATORIS (NOS. 6-8) TO BE
SEP ARTEL Y ANSWERED BY EACH DEFENDANT
PlaintiffEolas Technologies Incorporated ("Eolas" or "Plaintiff) fies this Second Set of

Interrogatories to Defendants Adobe Systems Inc. ("Adobe"), Amazon.com, Inc. ("Amazon"),

Apple Inc. ("Apple"), Blockbuster Inc. ("Blockbuster"), 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"), Office
Depot, Inc. ("Offce 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

Instruments Inc. ("Texas Instrments"), Yahoo! Inc. ("Yahoo") and YouTube, LLC
EOLAS' SECOND SET OF INTERROGATORIS To ALL DEFENDANTS
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("Y ouTube") (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 nature 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
identify the person(s) knowledgeable about the subject matter of

the withheld information.

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 destrction and identify each lost
or destroyed document (and all fies 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 accompanying your response.

II. DEFINTIONS
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, attomeys, subsidiaries,

parents, affliates, divisions, successors, predecessors and any other related entities.
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3. "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
unnecessary if the 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.
4. "Patents-in-Suit," refers to United States Patent Nos. 5,838,906 ("the '906 patent")

and 7,599,985 ("the '985 patent").
5. "Person" shall refer to any natural person, firm, association, partnership, corporation,

group, organization or other form oflegal business entity.

6. "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.

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

domestic, parents, affiliates, 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.

8. "Apple" means Apple, 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 Apple or with respect to
which it has succeeded to rights or obligations.

9. "Blockbuster" means Blockbuster, 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 Blockbuster or with
respect to which it has succeeded to rights or obligations.

10. "CDW" means CDW Corp., 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 CDW or with respect to
which it has succeeded to rights or obligations.

11. "Citigroup" means Citigroup, 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,

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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.
12. "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.

13. "Frito-Lay" means Frito-Lay, 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 Frito-Lay or with
respect to which it has succeeded to rights or obligations.

14. "Go Daddy" means The Go Daddy Group, Inc. and includes any offcers, directors,

partners, 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 Go Daddy
or with respect to which it has succeeded to rights or obligations.

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

domestic, parents, affiliates, 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.

16. "L.C. Penney" means the L.C. Penney Company, Inc., and includes any offcers,
directors, partners, associates, employees, staff members, agents, representatives, attorneys,
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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.

17. "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.
18. "New Frontier Media" means New Frontier Media, 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
New Frontier Media or with respect to which it has succeeded to rights or obligations.

19. "Offce Depot" means Offce Depot, 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 Offce
Depot or with respect to which it has succeeded to rights or obligations.
20. "Perot Systems" means Perot Systems Corp., 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 Perot
Systems or with respect to which it has succeeded to rights or obligations.
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21. "Playboy" means Playboy Enterprises International, 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
Playboy or with respect to which it has succeeded to rights or obligations.
22. "Rent-a-Center" means Rent-A-Center, 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 Rent-ACenter or with respect to which it has succeeded to rights or obligations.

23. "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.

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

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 Sun and/or Sun Microsystems or with respect to which it
has succeeded to rights or obligations.

25. "Texas Instrents" means Texas Instrments 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
EOLAS' SECOND SET OF INERROGATORIS To ALL DEFENDANTS
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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.

26. "Yahoo" means Yahoo!, 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 Yahoo or with
respect to which it has succeeded to rights or obligations.
27. "Y ouTube" means Y ouTube, LLC, and includes any officers, 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 Y ouTube or with
respect to which it has succeeded to rights or obligations.

28. "You," or "Yout' means the responding party, depending on who is responding, and
includes any officers, 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 you have acquired or with respect to which you have succeeded to rights or
obligations.

29. 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, draft, books,
telegrams, telexes, telephone bills, telephone logs, notebooks, chars, tables, lists, graphs,
agendas, outlines, schedules, plans, studies, applications, policies, procedures, rules, guidelines,
EOLAS' SECOND SET OF INTERROGATORIES To ALL DEFENDANTS
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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, diaries, 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 tracking systems, consumer relationship systems or softare, sales

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

ilustrations, 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

share studies, presentations, price lists, product lists, customer lists, catalogs, sales reports,

annual reports, governent fiings, press releases, patents, patent applications (including
abandoned applications), fie histories, prior art, prior ar searches or reports, foreign patent
applications, trademark applications, trademark searches, source code, server code, object code,

machine code, source files, library fies, data fies, text fies, program fies, directory fies, and
computer applications, systems or softare, including my fie 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.

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30. As used herein, the term "Accused Product(s)" shall have the following meaning,

depending on your identity:
a. If

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

the following:

The 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 Player
Flash Player 10.1

Flash Player for Pocket PC
Flash Lite

Shockwave

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

limited to the following:

.
.
.

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" attached to Eolas' P.R. 3-2 submission. This
includes, but is not limited to the following:
tv.adobe.com
labs.adobe.com
. ww.DhotoshoD.com
cocomo.acrobat.com

.
.
.
.
.

ww.adobe.com/financial
ww.adobe.com/manufacturing

The pdf plug-in identified in the char 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:
. Adobe PDF plug-in

The websites (including the servers hosting those websites) and functionality
identified in the chart titled "906 - Adobe - photoshop.com - Flash - Char 1" and
"985 - Adobe - photoshop.com - Flash - Chartl" attched to Eolas' P.R. 3-2
submission. This includes, but is not limited to the following:
ww.DhotoshoD.com

.

The Adobe Search Buddy functionality (including the servers hosting it) identified
in the char titled "985 - Adobe - Search Buddy" attched to Eolas' P.R. 3-2
submission.
Adobe Flash 10.1 and Flash Lite for mobile devices as identified in the chars
EOLAS' SECOND SET OF INTERROGATORrES To ALL DEFENDANTS
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titled "906 - Adobe - Flash IO.1 and Flash Lite for Mobile Devices" and "985 Adobe - Flash IO.i 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 - Char
1 " 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.windowshoD.com

The websites (including the servers hosting those websites) and functionality
identified in the chars 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:

.
.
.
.
.

.
.

zaDDostv .magnifev .net

imdb.com
webstore.amazon.com
endless.

com

blog.shoDboD.com
sound

unwound.

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 checkout functionality identified in the chars attched to Eolas' P.R.
3-2 submission and/or as Drovided to Amazon's counsel.

The Amazon product slider as identified in the char 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:

The Apple Safari browser for Windows, Apple and other operating systems
(including Apple hardware, such as laptops, desktops, the iPad and the iPhone that
comes pre-installed with the Apple Safari browser) as identified in the char titled

"906 - Apple - Safar" and "985 - Apple - Safari" attched to Eolas' P.R. 3-2
submission and supplemental chars "906 - iPad - Safari and iTunes - v2", "906 Apple - Safari - Mac - v2", "906 - Apple - Safari - Windows - v2", "985 - Apple
Safar - Mac - v2", "985 - Apple - Safari - Windows - v2", "985 - ¡Pad - Safari and
iTunes - v2", "906 - Safari-WebKitand iTunes-WebKit for iPhone", and "985Safar-WebKit and iTunes-WebKit for iPhone."
Apple iTunes for Windows, Apple and other operating systems (including Apple
hardware. such as laptops desktops the iPad and the iPhone that comes oreEoLA' SECOND SET OF INTERROGATORrES To ALL DEFENDANTS
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installed with iTunes) as identified in the chars titled "906 - Apple - iTunes" and
"985 - Apple - iTunes" attched to Eolas' P.R. 3-2 submission and supplemental
chars "906 - iPad - Safari and iTunes - v2" and "985- iPad - Safari and iTunes -

v2", "906 - Safari-WebKit and iTunes-WebKit for iPhone", and "985 - SafarWebKit and iTunes- WebKit for iPhone."
The QuickTime authoring tools, plug-ins and players identified in the chars titled

"906 - Apple - QuickTime - Authoring/Players" 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 Authoring Studio

.

.
.

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

.

The websites (including the servers hosting those websites) and functionality
identified in the chars 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.aDDle.com

.

develoDer.aDDle.com

The Apple iAd functionality (including the servers hosting it) identified in the
chars attched to Eolas' P.R. 3-2 submission and/or as provided to Amazon's
counseL.

The Apple Search Shortcuts functionality (including the servers hosting it)
identified in the chart 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 - ChartI" and "985 - Blockbuster
- Char
1 " attched to Eolas' P.R. 3-2 submission. This includes, but is not limited
to the following:
. ww.blockbuster.com

e. If

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

the following:
EoLA' SECOND SET OF INTERROGATORrES To ALL DEFENDANTS
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The websites (including the servers hosting those websites) and fuctionality
identified in the charts titled "906 - CDW Chartl" and "985 - CDW - Char

"

i

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 chart titled "985 - CDW - AutoSuggest" attched to Eolas' P.R. 3-2
submission.

f. If

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

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

identified in the char titled "906 - Citi Group - Char 1" and "985 - Citi Group Chart 1" attched to Eolas' P.R. 3-2 submission. This includes, but is not limited

to the following:

.
.
.

ww.citi.com
ww.studentloan.com
ww.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:

.
.
.

ww.citigrouD.com
icq.citi.com

.
.

ww.citimortgage.com
ww.citifinancial.com
ww.transactionservices.citigrouD.com
ww.Drivatebank.citibank.com
ww.citicards.com

.
.

online.citibank.com
www.Drimerica.com

.
.
.

ww.banamex.com

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

.
.
.

Citibank Online Investments (OU)
Citi International Financial Services Net Exchange
CitiFX Pro Web.
The websites (including the servers hosting those websites) and functionality
identified in the chars titled "906 - CitiGroup - Java - Chartl" and "985 CitiGroup - Java - Chartl" attched to Eolas' P.R. 3-2 submission. This includes,

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

.

ww.citifinancialauto.com

EOLAS' SECOND SET OF INTERROGATORrES To ALL DEFENDANTS
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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 char titled "906 - eBay - Char I" and "985 - eBay - Char 1 "
attched to Eolas' P.R. 3-2 submission. This includes, but is not limited to the

following:

.
.
.

ww.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:

.

.
.
.
.
.
.

.
.
.
.
.
.
.
.
.

.
.
.
.

httD:/ /antiques.shoD.ebav .com

ww.Davoal.com
ww.stubhub.com
httD:/ /ww.ebavgreenteam.comlns/buv-green.html
httD:/ / givi n gworks.ebav .com

httD://art.shoD.ebav.com
httD:/ /babv .shoD.ebav .com
httD:/ /business.shoD.ebav.com
httD:/ /photOgraDhv .shoD.ebav .com

httD:/ /ww.motors.ebav.com
httD:/ /cell-Dhones.ebav .com
httD:/ /coins.ebav .com
httD:/ /comDuters.ebav.com
httD:/ / do Ils.shop.ebav .com
httD:/ /services.ebav .com

http://video-games.ebav.com
httD:/ /electronics.ebav .com

WW.DrostoreS.com
WW.shoDDing.com

ww.skvDe.com

The eBay AutoFiI functionality (including the servers hosting it) identified in the
char titled "985 - eBav - AutoFiI" attched to Eolas' P.R. 3-2 submission.
The websites (including the servers hosting those websites) and functionality
identified in the charts 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:

.

h. If

ww.ebav.com

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

to, the following:
EOLAS' SECOND SET OF INERROGATORIES To ALL DEFENDANS
Nos. 6-8
Austin 62656vl

PAGE 14

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

. 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 - ChartI" and "985 - GoDaddy 1 " attached to Eolas' P.R. 3-2 submission. This includes, but is not limited
Chart
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 chart 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 - Char 1" and "985 - Google - Chart
1" 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 and supplemental charts
"906 - Episodic - Flash - episodic.com" and "985 - Episodic - Flash episodic.com". This includes, but is not limited to the following:

.
.
.
.

.
.
.
.
.

google.com/googlevoice
news.google.com
Dicasa.google.com
sketchuD.gOogle.com
google.com/googlevoice
services.google.com
google.com/latitude
en.blog.orkut.com

ww.eDisodic.com

EOLAS' SECOND SET OF INTERROGATORIES To ALL DEFENDANTS
Nos.

6-8

Austin 62656v I

PAGE IS

The Google Android Operating System for mobile devices (such as the Droid and
Nexus One phone and other devices) as identified in the char 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 - GooglePhone - Char!" atthed to Eolas' P.R. 3-2 submission. This includes, but is not
limited to the following:

.

ww.google.com/Dhone

Google AdSense (including the servers hosting it) as identified in the char titled
"985 - Goog!e - AdSense" attched to Eolas' P.R. 3-2 submission.
Google Documents (including the servers hosting it) as identified in the chart titled
"985 - GOOl1:e - Documents" attched to Eolas' P.R. 3-2 submission.

Google Gmail (including the servers hosting it) as identified in the char titled
"985 - Goo"le - GmaH" attched to Eolas' P.R. 3-2 submission.
Google Search Suggest functionality (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
chart titled "985 - Gooirle - Search" attched to Eolas' P.R. 3-2 submission.
Google Maps (including the servers hosting it) as identified in the char titled "985
- Goó!!le - Maòs" 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.
Google Instat (including the servers hosting it) as identified in the chars attched
to Eolas' P.R. 3-2 submission and/or as nrovided to Goo!!le's counseL.

iGoogle (including the servers hosting it) as identified in the char titled "985 Goocle - iGoo!!le" attched to Eolas' P.R. 3-2 submission.

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 char titled "906 - JC Penney - Char
1 " and "985 - JC Penney Chartl" attched to Eolas' P.R. 3-2 submission. This includes, but is not limited
to the following:
. ww.icDennevbrands.com
. ww.icDennev.net

. ww.icDennev.com
. icDDortraits.com

i. If

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

to, the following:

EOLAS' SECOND SET OF INTERROGATORIES To ALL DEFENDANTS

NOs. 6-8
Austin 62656vl

PAGE 16

The websites (including the servers hosting those websites) and functionality
identified in the chars titled "906 - JPMorganChase - Chart 1" and "985 1 " attched to Eolas' P.R. 3-2 submission. This includes,
JPMorganChase - char
but is not limited to the following:

.
.
.

ww.JPMogran.com
ww.Chase.com
thewavforward. iomorganchase.com

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

.
.

.
.
.
.

efxdemo. iDmOrgan.com

demo.chase.com
ww.iDmOrgan.com
mortgage.chase.com
ww.iDmOrganchase.com
newhire. i Dmorganchase.com

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

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

.

m. If

httDS:/ / chaseonl ine.chase.com/

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

not limited to, the followig:
The websites (including the servers hosting those websites) and functionality
identified in the char titled "906 - New Frontier Media - Quicktime - Chartl" and
"985 - New Frontier Media - Quicktime - Chartl" attched to Eolas' P.R. 3-2
submission. This includes, but is not limited to the following:
. 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," "906New 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 nrovided to New Frontier Media's counseL.

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 chart titled "906 - OffceDepot - Char
1 " and "985 - OffceDepot
- ChartI" attched to Eolas' P.R. 3-2 submission. This includes. but is not limited
EOLAS' SECOND SET OF INERROGATORrE To ALL DEFENDANTS
Nos. 6-8
Austin 62656vl

PAGE 17

to the following:
. ww.offcedeDot.com
. ww.techdeDot.com
. ww.ativaDroducts.com

The Offce Depot Predictive Search functionality (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 functionality
identified in the char titled "906 - Perot Systems - Chartl" and "985 - Perot
Systems - Chartl" attched to Eolas' P.R. 3-2 submission. This includes, but is
not limited to the following:
. httD://ww.Derotsvstems.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
I " and "985 - Playboy Chartl" attched to Eolas' P.R. 3-2 submission. This includes, but is not limited

identified in the chars titled "906 - Playboy - Chart

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
. 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.

EOLAS' SECOND SET OF INERROGATORIES To ALL DEFENDANTS
Nos. 6-8
Austin 62656\1 1

PAGE 18

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
1 " and "985 -

identified in the chars titled "906 - RentACenter - Char

RentACenter - Charl" 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. - Charl" and "985 - Staples Inc. Charl" attched to Eolas' P.R. 3-2 submission. This includes, but is not limited
to the following:
. staDles.com
. media.staDles.com

The Staples AutoComplete functionality (including the servers hosting it)
identified in the char titled "985 - StaDles AutocomDlete."

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
charts titled "906 - Sun - Java/JavaFX authoring tools/players" and "985 - Sun Java/JavaFX 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, Standard Edition (Java SE)

. Java SE for Business

. Java Real-Time System
. 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 - Chart

EOLAS' SECOND SET OF INTERROGATORIES To ALL DEFENDANTS
NOS. 6Aus 62656v 1

I " and "985 - Sun - Chart

1"

PAGE

19

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.oDensparc.net
. iava.sun.com
. channelsun.sun.com
. sunsolve.sun.com
. develoDers.sun.com

The websites (including the servers hosting those websites) and functionality
identified in the charts titled "906 - Sun - Java/JavaFX - Chart 1" and "985 - Sun
-Java/JavaFX-CharI" attched to Eolas' P.R. 3-2 submission. This includes,
but is not limited to the following:
. iava.sun.com

. ww.iavaIX.com

t. If you are Texas Instruments, 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 - Texas Instrents - Chart
1 " and "985 - Texas
Instrments - Char
1 " attched to Eolas' P.R. 3-2 submission. This includes, but
is not limited to the following:
. www.ti.com

. ww.dID.com
. ww.84silver.com
. www.timathrocks.com
. ww.education.ti.com

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

u. If

to, the following:

The websites (including the servers hosting those websites) and functionality
identified in the charts titled "906 - Yahoo - chartl" and "985 - Yahoo - chart

I"

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

followig:
. movies.vahoo.com
. autos. vahoo.com

EoLA' SECOND SET OF INERROGATORI To ALL DEFENDANTS
Nos. 6-8
Austi 62656vl

PAGE

20

The websites (including the servers hosting those websites) and functionality
identified in the char titled "906 - Yahoo - OtherDomains" and "985 - YahooOtherDomains" 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
travel. vahoo.com

tv.vahoo.com
SDortS. yahoo.com

games.vahoo.com
messenger. vahoo.com
advertising. yahoo.com

.
.
.
.
.

finance.vahoo.com
news.vahoo.com
ysearchblog.com
mobile.vahoo.com
omg.vahoo.com
shine.vahoo.com

.
.

selfcare.hotiobs. vahoo.com
securitv.vahoo.com
mail.vahoo.com
answers.vahoo.com

.
.
.

ww.flckr.com

Yahoo Search Suggest functionality (including the servers hosting it) as identified
in the char 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" atthed to Eolas' P.R. 3-2 submission.
Yahoo Maps (including the servers hosting it) as identified in the char 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 chart titled "906 - Y ouTube - youtube.com" and "985 - Y ouTube
- youtube.com" attched to Eolas' P.R. 3-2 submission. This includes, but is not

limited to the following:

ww.voutube.com

EOLAS' SECOND SET OF INERROGATORrES To ALL DEFENDANTS
Nos. 6Austi 62656vl

PAGE

21

Y ouTube Search Suggest functionality (including the servers hostng it) as
identified in the char 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' SECOND SET OF INERROGATORrES To ALL DEFENDANTS
NOS.

6-8

Ausiin 62656vl

PAGE

22

II. INTERROGATORIS
INTERROGATORY NO.6:

Separately for each Accused Product, identify the gross revenue and profit of each
Accused Product on an annual basis for every year from 2003 until present (including any

forecasts for 2010 and 2011). Your answer should identify documents related to same (by bates
range) and the person(s) most knowledgeable about your response to this interrogatory.

INTERROGATORY NO.7:

Identify the circumstaces (including the date and attendant facts) relating to your first
awareness of each of the patents-in-suit and separately identify the circumstances (including the

date and attendant facts) relating to your first awareness of Eolas. Your answer should identify
documents related to same (by bates rage) and the person(s) most knowledgeable about your

response to this interrogatory.

INTERROGATORY NO.8:

Separately identify each of your discussions (whether internal or with other entities)

regarding workarounds or design-arounds for either of the patents-in-suit, including the
identification of all individuals or entities who paricipated in such discussions, the date(s) of
such discussions and a technical description of any contemplated or actual workaround or
design-around. Your answer should identify documents related to same (by bates rage) and the

person(s) most knowledgeable about your response to this interrogatory.

EOLAS' SECOND SET OF INTERROGATORrES To ALL DEFENDANTS
Nos.

6-8

Austin 62656v I

PAGE

23

Dated: September 16,2010

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

Lead Attorney
Texas State Bar No. 13732100
mmckooliÇmckoolsmith.com
Douglas Cawley
Texas State Bar No. 04035500
dcawlevíamckoolsmith.com
McKoOL SMITH, P.e.
300 Crescent Court, Suite 1500

Dallas, Texas 75201
Telephone: [phone]

Telecopier: [phone]
Sam F. Baxter
Texas State Bar No. 01938000
sbaxteríamckoo lsmith.com
McKoOL SMITH, P.C.
104 E. Houston St., Ste. 300
P.O.

Box

0

Marshall, Texas 75670
Telephone: [phone]
Telecopier: [phone]

Kevin L. Burgess
Texas State Bar No. 24006927
kburgessiÇmckoolsmith.com
Steven J. Pollnger
Texas State BarNo. 24011919
sDollingeríamckoolsmith.com
Josh W. Budwin
Texas State Bar No. 24050347
ibudwiniÇmckoolsmith.com
Matt Rappaport
Texas State Bar No. 24070472
mraDDaDortíamckoolsmith.com
McKoOL SMITH, P.C.

300 West Sixt Street, Suite 1700
Austin, Texas 7870 I

Telephone: [phone]

Telecopier: [phone]

ATTORNEYS FOR PLAINTIFF
EOLAS TECHNOLOGIES, INe.

Austin 62656v I

CERTIFICATE OF SERVICE
The undersigned certifies that the foregoing document was served via electronic mail on
all counsel of record on this the 16th day of September, 2010.

/s/ Josh Budwin
Josh Budwin

Austin 62656v 1