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 7

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

Plaintiff,
vs.

Adobe Systems Inc., Amazon.com, Inc.,
Apple Inc., Argosy Publishing, Inc.,
Blockbuster Inc., CDW Corp.,
Citigroup Inc., eBay Inc., Frito-Lay, Inc.,
The Go Daddy Group, Inc., Google Inc.,
J.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.

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§ Civil Action No. 6:09-CV-00446-LED

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§ JURY TRIAL
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PLAINTIFF'S THI SET OF INTERROGATORIS (NO.9) TO BE SEPARATELY
ANSWERED BY EACH DEFENDANT

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

Apple Inc. ("Apple"), CDW LLC ("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. ("Offce Depot"), Perot
Systems Corp. ("Perot Systems"), Playboy Enterprises International, Inc. ("Playboy"), Rent-A-

Center, Inc. ("Rent-A-Center"), Staples, Inc. ("Staples"), Oracle America, Inc., fJa Sun
Microsystems, Inc. ("Sun Microsystems"), Texas Instruments Inc. ("Texas Instruments"),

EOLAS' THIRD SET OF INTERROGATORIES To ALL DEFENDANTS

No.9

PAGE i

Yahoo! Inc. ("Yahoo") and YouTube, LLC ("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 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); state the basis for witholding 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 circumstaces of such loss or destruction 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 subpart 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. "IdentifY," when used with reference to:

EOLAS' THIRD SET OF INTERROGATORIES To ALL DEFENDANTS

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(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 if the document is being produced to Eolas in lieu of the answer to an Interrogatory.

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

the document.

3. "Person" shall refer to any natural person, firm, association, partership, corporation,

group, organization or other form of legal business entity.

4. "Adobe" means Adobe Systems 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 Adobe or with
respect to which it has succeeded to rights or obligations.

5. "Amazon" means Amazon.com, 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,

EOLAS' TH SET OF INTERROGATORIES To ALL DEFENDANTS

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3

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.

6. "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.

7. "CDW" means CDW 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 CDW or with respect to
which it has succeeded to rights or obligations.

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

9. "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.

10. "Frito-Lay" means Frito-Lay, Inc., and includes any offcers, directors, parters,

associates, employees, staff members, agents, representatives, attorneys, subsidiaries foreign or
EOLAS' THIR SET OF INERROGATORIS To ALL DEFENDANTS

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4

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.

i I. "Go Daddy" means The Go Daddy Group, Inc. 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 Go Daddy
or with respect to which it has succeeded to rights or obligations.

12. "Google" means Google, 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 Google or with
respect to which it has succeeded to rights or obligations.

13. "J.C. Penney" means the J.C. Penney Company, 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
J.C. Penney or with respect to which it has succeeded to rights or obligations.

14. "JPMorgan" and/or "JPMorgan Chase" means JPMorgan Chase & Co., 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 JPMorgan and/or JPMorgan Chase or with respect to which it has
succeeded to rights or obligations.

EOLAS' TH SET OF INTERROGATORIS To ALL DEFENDANTS

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15. "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.

16. "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.
17. "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.

18. "Playboy" means Playboy Enterprises International, 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
Playboy or with respect to which it has succeeded to rights or obligations.
19. "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, affliates, divisions, successors, predecessors, and any other related

EOLAS' THIR SET OF INTERROGATORIES To ALL DEFENDANTS

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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.

20. "Staples" means Staples, 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 Staples or with
respect to which it has succeeded to rights or obligations.

21. "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.

22. "Texas Instrments" means Texas Instruments 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
Texas Instruments or with respect to which it has succeeded to rights or obligations.

23. "Yahoo" means Yahoo!, 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 Yahoo or with
respect to which it has succeeded to rights or obligations.

EOLAs' THI SET OF INTERROGATORIES To ALL DEFENDANTS

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24. "Y ouTube" means Y ouTube, 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.

25. "You," or "Your" means the responding part, depending on who is responding, 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 you have acquired or with respect to which you have succeeded to rights or
obligations.

26. 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 bils, telephone logs, notebooks, charts, tables, lists, graphs,
agendas, outlines, 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, diaries, appointment books, records and summaries of meetings, telephone
conversations or interviews, investigative reports, consultant report, credit reports, requests for

EOLAS' THIRD SET OF INTERROGATORIES To ALL DEFENDANTS

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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, 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 fies, data fies, text files, 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 § 100 i and all non-identical copies of the items described above.
27. 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

EOLAS' THIR SET OF INERROGATORIS To ALL DEFENDANTS

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9

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

.
.
.
.

.
.

ww.photoshop.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 charts titled "906 - Adobe - photoshop.com - Flash - Chartl" 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.photoshop.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. i and Flash Lite for mobile devices as identified in the chars
titled "906 - Adobe - Flash 10.1 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.

b. If

you are Amazon, 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 - Amazon I " attched to Eolas' P.R. 3-2 submission. This includes, but is not limited

identified in the charts titled "906 - Amazon - Chart
Chart

to the following:
. ww.amazon.com
. ww.windowshop.com

The websites (including the servers hosting those websites) and functionalitv
EOLAS' TH SET OF INTERROGATORIES To ALL DEFENDANTS

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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:
. zappostv .magnifev .net
. imdb.com
. webstore.amazon.com
. endless.com
blog.shopbop.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 checkout functionality identified in the chars attched to Eolas' P.R.

3-2 submission and/or as provided to Amazon's counsel.
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:

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 Safar browser) as identified in the chars titled
"906 - Apple - Safar" and "985 - Apple - Safari" attched to Eolas' P.R. 3-2
submission and supplemental charts "906 - iPad - Safari and iTunes - v2", "906 Apple - Safari - Mac - v2", "906 - Apple - Safar - Windows - v2", "985 - Apple
Safari - Mac - v2", "985 - Apple - Safari - Windows - v2", "985 - ¡Pad - Safari and
iTunes - v2", "906 - Safari-WebKit and 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 preinstalled 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
charts "906 - ¡Pad - Safar and iTunes - v2" and "985- ¡Pad - Safari and iTunes v2", "906 - Safari-WebKit and iTunes-WebKit for ¡Phone", and "985 - SafarWeb
Kit and iTunes- WebKit for iPhone."
The QuickTime authoring tools, plug-ins and players identified in the charts titled
"906 - Apple - QuickTime - AuthoringIlayers" and "985 - Apple - QuickTime Authoring/Players" 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
Darwin Streaming Server
. QuickTime Player
. QuickTime Plug-in
The websites (includinl! the servers hosting those websites) and functionality
EOLAS' TH SET OF INERROGATORIES To ALL DEFENDANTS

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PAGE 11

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.apple.com

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

d. If

you are CDW, 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 chars titled "906 - CDW Charl" and "985 - CDW - Chartl"
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.

e. 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 charts titled "906 - Citi Group - Char 1" and "985 - Citi Group Char I" 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.citilYroun.com

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PAGE 12

.
.
.
.
.
.
.

.
.

icq.citi.com

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

ww.Drimerica.com
ww.banamex.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 Banking
Citibank Online Investments (OLI)
Citi International Financial Services Net Exchange
CitiFX Pro Web.
The websites (including the servers hosting those websites) and functionality
identified in the charts titled "906 - CitiGroup - Java - Chart
1 " and "985 -

.
.
.

CitiGroup-Java - Charl" attched to Eolas' P.R. 3-2 submission. This includes,
but is not limited to the following:
online.citibank.com

.
.

f. If

ww.citifinancialauto.com

you are eBay, 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 - eBay - Charl" and "985 - eBay - Chartl"
attached 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 charts 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.DaVDal.com
. ww.stubhub.com
.
.
.
.
.

httD:/ /www.ebavgreenteam.com/ns/buv-green.htm I
httD://givingworks.ebav.com
httD://art.shoD.ebav.com
httD://babv.shoD.ebav.com
httD://business.shoD.ebav.com

. httD:/ /DhotograDhv .shop.ebav .com

. http://ww.motors.ebav.com

. h~//cell~ones.ebav.com

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.
.
.
.
.

.
.
.
.

http://coins.ebav.com
http://computers.ebav.com
http://dolls.shop.ebav.com
httD:/ /services.ebav.com
httD:/ /video-games.ebav .com
httD:/ /electronics.ebav.com

WW.Drostores.com

ww.shoPDing.com

ww.skvpe.com

The eBay AutoFil functionality (including the servers hosting it) identified in the
chart titled "985 - eSav - AutoFill" 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:

.

ww.ebav.com

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

g. 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 Charl" attched 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

h. If

to, the following:

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

. radiogodaddv.com
. videos.godaddv.com

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

I The Google Chrome browser for Widows, Apple and other operating systems as
EOLAS' THIRD SET OF INTERROGATORIES To ALL DEFENDANTS

No.9

PAGE 14

identified in the chars 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 chart titled "906 - Google - Char 1" and "985 - Google - Chart
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 chart titled "906 - Google - Other Domains" and "985 - Google Other Domains" attched to Eolas' P.R. 3-2 submission and supplemental charts
com" and "985 - Episodic - Flash "906 - Episodic - Flash - episodic.
episodic.com". This includes, but is not limited to the following:

.
.
.
.
.
.

.
.
.

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

ww.eDisodic.com

The Google Android Operating System for mobile devices (such as the Droid and
Nexus One phone and other devices) as identified in the charts 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 fuctionality

identified in the charts titled "906 - Google - Phone - Char I" and "985 - Google Phone - Chartl" attched to Eolas' P.R. 3-2 submission. This includes, but is not

limited to the following:

.

ww.google.comlphone

Google AdSense (including the servers hosting it) as identified in the char titled
"985 - Google - AdSense" attched to Eolas' P.R. 3-2 submission.
Google Documents (including the servers hosting it) as identified in the chart titled
"985 - Google - Documents" attched to Eolas' P.R. 3-2 submission.
Google Gmail (including the servers hosting it) as identified in the chart titled
"985 - Google - Gmail" attched to Eolas' P.R. 3-2 submission.
Google Search Suggest functionality (including the servers hosting it) as identified
in the chart 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 - Google - Search" attched to Eolas' P.R. 3-2 submission.
Google Maps (including the servers hosting it) as identified in the char titled "985
- Google - Maps" 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 Instant (including the servers hosting it) as identified in the charts attched
to Eolas' P.R. 3-2 submission and/or as provided to Google's counseL.

EOLAS' TH SET OF INTERROGATORIES To ALL DEFENDANTS

No.9

PAGE is

iGoogle (including the servers hosting it) as identified in the chart titled "985 Goo Ie - iGoo Ie" attched to Eolas' P.R. 3-2 submission.

J. If you are J.C. 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 - Chartl" and "985 - JC Penney I " attched to Eolas' P.R. 3-2 submission. This includes, but is not limited
Char
to the following:
. www.icDennevbrands.com

. ww.icpennev.net

. ww.icpennev.com
. icpportraits.com

k. 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 charts titled "906 - JPMorganChase - Charl" and "985 JPMorganChase - charl" attched to Eolas' P.R. 3-2 submission. This includes,

but is not limited to the following:

.

.
.

ww.JPMogran.com
ww.Chase.com
thewavforward. jpmorganchase.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.ipmorgan.com
. demo.chase.com

.

ww.ipmOrgan.com

.

ww. jpmorganchase.com

.
.

mortgage.

chase.

com

newhire. jpmorganchase.com

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

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

EOLAS' TH SET OF INTERROGATORIES To ALL DEFENDANTS

No.9

PAGE 16

i. If

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 functionality
identified in the chart titled "906 - New Frontier Media - Quicktime - Chartl" and
"985 - New Frontier Media - Quicktime - Charl" 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 char 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 provided to New Frontier Media's counsel.

m. 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 - Chart
i " and "985 - OffceDepot
- Charl" attched to Eolas' P.R. 3-2 submission. This includes, but is not limited
to the following:
. ww.offcedeDot.com
. ww.techdeDot.com
. ww.ativaproducts.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.

n. 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
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 - Chart

not limited to the following:
. httD://ww.Derotsvstems.com

EOLAS' THI SET OF INERROGATORIS To ALL DEFENDANTS

No.9

PAGE 17

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

o. If

to, the following:

The websites (including the servers hosting those websites) and functionality
identified in the charts titled "906 - Playboy - Charl" and "985 - Playboy Chartl" 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
. PlavbovsAIINaturals.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.

p. 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 charts titled "906 - RentACenter - Char

i " and "985 -

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

q. 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. - Chartl" and "985 - Staples Inc. Char

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

to the following:
. staples.com
. media.staDles.com

EOLA' THIR SET .OF INERROGATORIES To ALL DEFENDANTS

No.9

PAGE is

The Staples AutoComplete functionality (including the servers hosting it)
identified in the chart titled "985 - Staples Autocomplete."

r. 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
chars 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 Toolkt (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 fuctionality

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

.
.
.

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 chars titled "906 - Sun - Java/JavaFX - Chart
1 " and "985 - Sun
- Java/JavaFX - Chart
i " attched to Eolas' P.R. 3-2 submission. This includes,
but is not limited to the following:
java.sun.com

.
.

ww.iavafX.com

EOLAS' THIRD SET OF INTERROGATORIES To ALL DEFENDANTS

No.9

PAGE 19

s. If you are Texas Instrments, 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 - Texas Instrments - Chart

i " and "985 - Texas

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

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

. ww.timathrocks.com
. ww.education.ti.com

t. If

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

following:
. movies.vahoo.com
. autos. vahoo.com

The websites (including the servers hosting those websites) and functionality
identified in the chars 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
. develoDer.vahoo.com
. video.vahoo.com
. travel.vahoo.com

. tv.vahoo.com
. SDortS. vahoo.com

. games.vahoo.com
. messenger.vahoo.com
. advertising.vahoo.com
. finance. vahoo.com

. news.vahoo.com
. vsearchblog.com
. mobile.vahoo.com

. omg.vahoo.com
. shine.vahoo.com

. ww.flckr.com

EOLAS' THI SET OF INTERROGATORIES TO

No.9

ALL DEFENDANTS PAGE 20

.
.

.
.

sel fcare.hotiobs. vahoo.com
securitv.vahoo.com
maiI.vahoo.com
answers.vahoo.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" attched to Eolas' P.R. 3-2 submission.
Yahoo Maps (including the servers hosting it) as identified in the chart titled "985
- Yahoo - MaDS" attched to Eolas' P.R. 3-2 submission.

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

u. 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 charts 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
Y ouTube Search Suggest functionality (including the servers hosting 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' THIRD SET OF INTERROGATORIES To ALL DEFENDANTS

No.9

PAGE

21

II. INTERROGATORIES
INTERROGATORY NO.9:
Separately, for each Accused Product that is a website, identifY the costs incurred by you

for the following: the creation of the website, maintenance of the website (on a month-to-month

basis from October 2003 onward), the purchase and maintenance of things used to make the
website available to the public (including, but not limited to, softare, hardware, servers, internet
access, cables, and facilities), and research and development efforts directed towards the website.

The costs identified in your response should include, but are not limited to, labor costs,
the cost of materials, costs of services performed by third-parties at your direction, and costs of
materials provided by third-parties at your direction.

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

EOLAS' TH SET OF INTERROGATORIS To ALL DEFENDANTS

No.9

PAGE

22

Dated: November 1,2010

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

Mike McKool
Lead Attorney
Texas State BarNo. 13732100
mmckoolíamckoolsmith.com
Douglas Cawley

Texas State Bar No. 04035500
dcawlev(qmckoolsmith.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
sbaxter(gmckoo ¡smith.com

McKoOL SMITH, P.e.
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
kburgessíamckoolsmith.com
Steven J. Pollinger
Texas State BarNo. 24011919
spo llinger(qmckoo Ism ith.com

Josh W. Budwin
Texas State Bar No. 24050347
ibudwiníqmckoolsmith.com
Matt Rappaport
Texas State Bar No. 24070472
mrappaportíamckoolsmith.com
McKoOL SMIH, P.e.
300 West Sixth Street, Suite 1700
Austin, Texas 78701
Telephone: [phone]

Telecopier: [phone]

ATTORNYS FOR PLAINTIFF
EOLAS TECHNOLOGIES INC.

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

record on this the I" day of

November, 2010.
/s/ Josh Budwin
Josh Budwin