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 8

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

§
§

Plaintiff,

§ Civil Action No. 6:09-CV-00446-LED

vs.

Adobe Systems Inc., Amazon.com, Inc.,
Apple Inc., Argosy Publishing, Inc.,
Blockbuster Inc., CDW Corp.,

Citigroup Inc., eBay Inc., Frito-Lay, Inc.,
The Go Daddy Group, Inc., Google Inc.,

J.C. Penney Company, Inc., JPMorgan
Chase & Co., New Frontier Media, Inc.,
Offce Depot, Inc., Perot Systems Corp.,
Playboy Enterprises International, Inc.,
Rent-A-Center, Inc., Staples, Ine., Sun
Microsystems Inc., Texas Instruments Inc.,
Yahoo! Inc., and YouTube, LLC
Defendants.

§
§
§

§ JUY TRIAL
§
§
§
§
§
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§

§
§
§
§

§
§

PLAITIFF'S FOURTH SET OF INTERROGATORIES (NO.

to) TO BE SEPARTELY

ANSWERED BY EACH DEFENDANT
Plaintiff Eolas Technologies Incorporated ("Eolas" or "Plaintiff') fies this Fourth 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.e. Penney Corporation, 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., flka Sun
Microsystems, Inc. ("Sun Microsystems"), Texas Instruments Inc. ("Texas Instruments"),

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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 identif' the information withheld by subject matter, author,
addressees, and carbon copy recipient(s); state 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 destction 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.

11. DEFITIONS
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:

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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
unnecessary ifthe 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 oflega! business entity.

4. "Adobe" means Adobe Systems 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 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, 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 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 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 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, affliates, divisions, successors, predecessors, and any other related entities,
and specifically includes all assets or companies that have been acquired by Citigroup or with
respect to which it has succeeded to rights or obligations.
9. "eBay" means eBay, Inc. and/or Pay

Pal, 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 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, parers,

associates, employees, staff members, agents, representatives, attorneys, subsidiaries foreign or
EOL¡\S' FOURTH SET OF INERROGATORIES To ALL DEFENDANTS
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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.

Ii. "Go Daddy" means The Go Daddy Group, 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 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.e. Penney Corporation, 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

J.e. 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, 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 JPMorgan and/or JPMorgan Chase or with respect to which it has
succeeded to rights or obligations.
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15. "New Frontier Media" means New Frontier Media, 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
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, 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
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, affiliates, divisions, successors, predecessors, and any other related

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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, 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 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, stff 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 Instruments" means Texas Instrments 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
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, 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.

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24. "Y ouTube" means Y ouTube, LLC, 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 Y ouTube or with

respect to which it has succeeded to rights or obligations.

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

representatives, attorneys, subsidiaries foreign or domestic, parents, affliates, divisions,
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, handwrtten, 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' FOURTH 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, governent 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 files, 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.
27. As used herein, the term "Accused Products" shall have the following meaning,

depending on your identity:

a. If you are Adobe, then the term "Accused Products" means, but is not limited to,
the following:

The plug-ins and players identified in the charts 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
Flash
Flash
Flash

Player
Player 10.1
Player for Pocket PC
Lite

. Shockwave
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The websites (including the servers hosting those websites) and functionality
identified in the char titled "906 - Adobe - Flash - Char1" and "985 - Adobe Flash - Char1" attched to Eolas' P.R. 3-2 submission. This includes, but is not

limited to the following:

.
.

.

ww.Adobe.com
CookBooks.Adobe.com
StudentEd itions.Adobe.com

The websites (including the servers hosting those websites) and functionality
identified in the chart 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.DhotoshoD.com
. cocomo.acrobat.com

.
.
.
.
.

ww.adobe.com/fnancial
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 - Chart1" and
"985 - Adobe - photoshop.com - Flash - Chart1" 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 chart titled "985 - Adobe - Search Buddy" attched to Eolas' P.R 3-2
submission.
Adobe Flash 10. i and Flash Lite for mobile devices as identified in the chars.

titled "906 - Adobe - Flash 10.1 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 Products" means, but is not limited
to, the following:
The websites (including the servers hosting those websites) and functionality
identified in the charts titled "906 - Amazon - Chart1" and "985 - Amazon Chartl" attched to Eolas' P.R. 3-2 submission. This includes, but is not limited
to the following:
. ww.amazon.com
. ww.windowshoD.com
those websites and functionali
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identified in the charts 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:
. webstore.amazon.com
The Amazon Auto Complete functionality (including the servers hosting it)
identified in the char titled "985 - Amazon - Auto Complete" attched to Eolas'
P.R. 3-2 submission.
The Amazon product slider as identified in the chart titled "985 - Amazon Slider" attched to Eolas' P.R. 3-2 submission.

you are Apple, then the term "Accused Products" means, but is not limited to,

c. If

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 chars titled
"906 - Apple - Safar" and "985 - Apple - Safari" attched to Eolas' P.R. 3-2
submission and supplemental charts "906 - ¡Pad - 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 - iPad - 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 charts 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 - Safar 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 char titled
"906 - Apple - QuickTime - Authoring/Players" and "985 - Apple - QuickTime -

Authoring/layers" 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 - Char1" and "985 Apple - QuickTime - Chart1" 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 t~~~harts titled "906 - Apple - QuickTime - Other Domains" and
"985 - AnnIe - uickTime - Other Domains" attched to Eolas' P.R. 3-2
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submission. This includes, but is not limited to the following:
. www.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 Apple'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.

you are CDW, then the term "Accused Products" means, but is not limited to,

d. If

the following:

The websites (including the servers hosting those websites) and functionality
identified in the chars titled "906 - CDW Char1" and "985 - CDW - Char1"
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 Products" means, but is not limited
to, the following:

The websites (including the servers hosting those websites) and functionality
identified in the chars titled "906 - Citi Group - Chart i" and "985 - Citi Group Char 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 charts 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
. icg.citI.com

. ww.citimortgage.com
. ww.citifinancial.com
. ww.transactionservices.citigrouD.com

. ww.orivatebank.citibank.com

. ww.citicards.com
. online.citibank.com

. www.nrimerica.com
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.

ww.banamex.com

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

Eolas' P.R. 3-2 submission. This includes, but is not limited to the following:
. CitiDirect Online Baning
Citibank Online Investments (OLI)
Citi International Financial Services Net Exchange
CitiFX Pro Web.
The websites (including the servers hosting those websites) and functionality
identified in the chart titled "906 - CitiGroup - Java - Chart1" and "985 CitiGroup - Java - Char
i " attched to Eolas' P.R. 3-2 submission. This includes,
but is not limited to the following:
online.citibank.com

.
.
.

.
.

ww.citifinancialauto.com

f. If you are eBay, then the term "Accused Products" means, but is not limited to,
the following:

The websites (including the servers hosting those websites) and functionality
identified in the chars titled "906 - eBay - Char1" and "985 - eBay - Chart

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 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:

.
.

.
.

.
.
.
.
.
.
.
.
.

.
.

httD:/ /antiaues.shoD.ebav .com

httD:/ /ww.ebavgreenteam.com/ns/buv-green.html
httD:/ / givingworks.ebav .com
httD:/ /art.shoD.ebav .com
httD:/ /babv .shoD.ebav .com
httD:/ /business. shoD.ebav .com
httD:/ /DhotograDhv .shoD.ebav .com

httD:/ /ww.motors.ebav.com
httD:/ /cell-Dhones.ebav .com

httD://coins.ebav.com
httD:/ /comDuters.ebav .com
httD:/ / dolls.shoD.ebav .com
httD:/ /services.ebav.com
httD:/ /video-games.ebav.com
httD:/ /electronics.ebav.com

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

. ww.ebav.com

g. If you are Frito-Lay, then the term "Accused Products" means, but is not limited
to, the following:
The websites (including the servers hosting those websites) and functionality

identified in the charts titled "906 - Frito-Lay - Char1" and "985 - Frito-Lay Chart1" 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 Products" means, but is not limited

h. If

to, the following:

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

i. If you are Google, then the term "Accused Products" 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 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 sunnlemental chars
EOLAS' FOURTH SET OF INTERROGATORIES To ALL DEFENDANTS
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"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/ googlevo ice

services.google.com
google.com/latitude
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 chars titled "906Google - 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 char titled "906 - Google - Phone - Chart 1" and "985 - Google Phone - Char1" attched 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 - Goo!!le - 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" attached 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
char titled "985 - Google - Search" attched to Eolas' P.R. 3-2 submission.

Google Maps (including the servers hosting it) as identified in the chart titled "985
- Goo!!le - MaDs" 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 char attched
to Eolas' P.R. 3-2 submission and/or as Drovided to Google's counseL.

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

j. If

you are J.C. Penney, then the term "Accused Products" means, but is not limited

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

identified in the charts titled "906 - JC Penney - Chart1" and "985 - JC Penney 1 " attched to Eolas' P.R. 3-2 submission. This includes, but is not limited
to the following:
Chart

EOLAS' FOURTH SET OF INTERROGATORIES To ALL DEFENDANS
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10

Austin 66590v I

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. ww.icDennevbrands.com
. ww.!cDennev.net
. ww.icDennev.com

k. If you are JPMorgan, then the term "Accused Products" means, but is not limited
to, the following:
The websites (including the servers hosting those websites) and functionality
1 " and "985 -

identified in the charts titled "906 - JPMorganChase - Chart

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

.
.
.

ww.JPMorgan.com
ww.Chase.com
thewavforward. iDmorganchase.com

The websites (including the servers hosting those websites) and functionality
identified in the char 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. iDmorganchase.com

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

identified in the chart titled "985 - JPMorganChase - Banking System" attched to

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

.

httDs:/ / chaseonl ine.chase.com/

L. If you are New Frontier Media, then the term "Accused Products" means, but is
not limited to, the following:

The websites (including the servers hosting those websites) and functionality
identified in the char titled "906 - New Frontier Media - Quicktime - Chart1" and
"985 - New

Frontier Media - Quicktime - Chart

1

" 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 charts titled "906 - New Frontier Media Adult Websites" and "985 - New Frontier Media - Adult Websites"
attched to Eolas' P.R. 3-2 submission and sUDnlemental charts "906 -

EOLAS' FOURTH SET OF INTERROGATORIES To ALL DEFENDANTS
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New Frontier - Adult 2" and "985 - New Frontier - Adult 2."

m. If you are Offce Depot, then the term "Accused Products" 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 - Chart1" and "985 - OffceDepot
- Chart1" attched to Eolas' P.R. 3-2 submission. This includes, but is not limited

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 chart titled "985 - OffceDepot - Predictive Search" attched to
Eolas' P.R. 3-2 submission.

n. If you are Perot Systems, then the term "Accused Products" means, but is not

limited to, the following:

The websites (including the servers hosting those websites) and functionality
identified in the chars titled "906 - Perot Systems - Chart
1 " and "985 - Perot
Systems - Char
i " attched to Eolas' P.R. 3-2 submission. This includes, but is
not limited to the following:
. httD://www.DerotSystems.com

o. If

you are Playboy, then the term "Accused Products" meas, but is not limited to,

the following:

The websites (including the servers hosting those websites) and functionality
identified in the charts titled "906 - Playboy - Chart
i " 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.Playboy.com
. VideoGirls.Plavbov.com
. PlayboyFragrances.com

. PlavbovTV.com
. PlavbovsAIlNaturals.com

. PlavbovsBustvBabes.com
. PlayboysFreshFaces.com
. PlavbovsSexvWives.com
EOLAS' FOURTH SET OF INERROGATORIES To ALL DEFENDANTS
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. PlavbovsStudentBodies.com

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

The Playboy Auto Complete fuctionality (including the servers hosting it)
identified in the char titled "985 - Playboy - Auto Complete" attched to Eolas'
P.R. 3-2 submission.

p. If you are Rent-a-Center, then the term "Accused Products" means, but is not

limited to, the following:

The websites (including the servers hosting those websites) and functionality
identified in the chars titled "906 - RentACenter - Chart1" 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 Products" 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. - Char1" and "985 - Staples Inc. Chart

i " 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 - Stanles Autocomnlete."

r. If you are Sun, then the term "Accused Products" 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 authorig 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

EOLAs' FOURTH SET OF INERROGATORI To ALL DEFENDANT
NO.

10

Austin 66590vl

PAGE is

.
.
.
.

.
.
.
.
.
.

.
.

Java Development Toolkit (JDK)
Java Application Verification Kit (A VK) for the Enterprise
Java Platform, Enterprise Edition (Java EE)
Java Platform, Stadard Edition (Java SE)

Java SE for Business
Java Real-Time System
Java Platform
Java Platform, Micro Edition (Java ME)
Java Runtime Environment

Java Virtal Machine
Java Card Technology
Java Plug-in

The websites (including the servers hosting those websites) and functionality
identified in the charts titled "906 - Sun - Char i" and "985 - Sun - Char1"

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

.
.
.
.

ww.sun.com

.
.
.
.

WW.ODenSDarc.net

.

.

webcast-west.sun.com
identitvhero.sun.com
netbeans.org
blogs.sun.com
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 - Char1" and "985 - Sun
- Java/JavaFX - Chart 1" attched to Eolas' P.R. 3-2 submission. This includes,

but is not limited to the following:
. iava.sun.com

.

s. If

ww.iavafx.com

you are Texas Instrments, then the term "Accused Products" 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 Instrents - Chart
i " and "985 - Texas
Instments - Char1" attached to Eolas' P.R. 3-2 submission. This includes, but
is not limited to the following:
. ww.ti.com
. ww.dID.com
. ww.84silver.com
. ww.timathrocks.com

EOLAS' FOURTH SET OF INERROGATORIES To ALL DEFENDANS
10

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PAGE 19

. www.education.ti.com

t. If

you are Yahoo, then the term "Accused Products" means, but is not limited to,

the following:

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

.
.

movies. yahoo.com
autos. yahoo.

com

The websites (including the servers hosting those websites) and functionality
identified in the char 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.yahoo.com
. develoDer.vahoo.com

.

.
.
.
.

.
.
.
.

video. yahoo.

com

travel.yahoo.com
tv. vahoo.com

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

.
.
.
.

finance.vahoo.com
news. yahoo.com
vsearchblog.com
mobile.vahoo.com
omg.vahoo.com
shine.vahoo.com

ww.flckr.com

.
.

.
.
.

selfcare.hotiobs. vahoo.com
securitv. yahoo.

com

mail.vahoo.com
answers.yahoo.com

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

submission.
Yahoo Mail (including the servers hosting it) as identified in the chart titled "985 Yahoo - Mail" attached to Eolas' P.R. 3-2 submission.
Yahoo Maps (including the servers hosting it) as identified in the char titled "985
- Yahoo - Mans" attched to Eolas' P.R. 3-2 submission.
Mv Yahoo (including the servers hostin!! it) as identified in the chart titled "985 EOLAS' FOURTH SET OF INTERROGATORIS To ALL DEFENDANTS
10
No.
Austin 66590vl

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20

I Yahoo - My Yahoo" attched to Eolas' P.R. 3-2 submission.
u. If you are YouTube, then the term "Accused Products" means, but is not

limited to, the following:

The websites (including the servers hosting those websites) and functionality
identified in the chars 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 fuctionality (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 chart title "985 - Y ouTube
- HTML5" attched to Eolas' P.R. 3-2 submission.

28. Embedded Interactive Media means embedded audio, visual, and/or video
content that allows a user to pause, play, fast-forward, rewind, advance, and/or vary the volume
of the content.

29. Embedded Interactive Ads means embedded advertising content that allows a
user to scroll through different ads or otherwise interact with the ad.
30. Flash and Shockwave means Adobe Flash and Adobe Shockwave (formerly

Macromedia Flash and Macromedia Shockwave) used to add animation, video, and/or
interactivity to web pages.

31. QuickTime meas the multimedia framework developed by Apple Inc., capable

of handling various formats of digital video, pictue, sound, panoramic images, and interactivity.

32. HTM5 means HTML used to add animation, video, audio, and/or interactivity
to web pages though the use of the -cvideo;o tag, -cudio;o tag or some other method for

including interative multimedia and graphical content on the web without having to resort to
proprietary plugins and APIs.

EoLA' FOURTH SET OF INTERROGATORIES To ALL DEFENDANTS
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21

33. AJAX means a group of interrelated web development methods used on the
client-side to create interactive web applications. With Ajax, web applications can retrieve data

from the server asynchronously in the background without intedering with the display and

behavior of the existing page (i.e., there is no need to "refresh" the page to update the
information displayed).

Data is usually (but not necessarily) retrieved using the

XMHttRequest object. Despite the name, the use ofXM is not needed, and the requests need
not be asynchronous.
34. Interactive Product Viewer means any product viewer that provides zoom and/or

pan functionality for viewing the image.

35. As used herein, the term "Accused Featue" means and includes, but is not
limited to, the use and/or support of (a) embedded interactive media (including, but not limited

to, Flash, Shockwave, QuickTime, and HTML5), (b) Embedded Interactive Ads, (c) AJAX or
AJAX-like functionality, and (d) Interactive Product Viewers.

36. As used herein, "Relevant Period" means the date of introduction of each
Accused Feature or October 2003, whichever is earlier, and the present.

EOLAS' FOURTH SET OF INTERROGATORIES To ALL DEFENDANTS
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22

INTERROGATORIS
INTERROGATORY NO. 10 TO ALL DEFENDANTS:
For each asserted claim of Eolas' patents-in-suit, on a c1aim-by-c1aim, Accused Product-

by-Accused Product, and Accused Feature-by-Accused Featue basis, state your contention, if

any, as to any changes, additions, or modifications to the source code made during the Relevant
Period that supports, refutes, or otherwise relates to any contention of non-infringement by You

with respect to each Accused Featue of each Accused Product. Your response should include,

but should not be limited to, (i) the dates of such changes to the source code of the Accused
Product, (ii) the circumstaces and reasons surrounding the decision to implement such changes
to the source code of

the Accused Product, (iii) the operation of

the Accused Feature both before

and after such changes to the source code of the Accused Product, (iv) and the identity of the
person most knowledgeable about your response to this interrogatory.

EOLAS' FOURTH SET OF INERROGATORIES To ALL DEFENDANTS
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23

Dated: April 1,2011.

McKoOL SMITH, P.c.
/s! Matt RaDDaDort

Mike McKool
Lead Attorney
Texas State Bar No. 13732100
mmckool(gmckoolsmith.com
Douglas Cawley

Texas State Bar No. 04035500
dcawlevíqmckoolsmith.com
McKoOL SMITH, P.c.
300 Crescent Court, Suite 1500

Dallas, Texas 75201
Telephone: [phone]
Telecopier: [phone]

Kevin L. Burgess
Texas State Bar No. 24006927
kburgess(gmckoolsmith.com
John B. Campbell
Texas State Bar No. 24036314
IcamDbellÍßmckoolsmith.com
Josh W. Budwin
Texas State Bar No. 24050347
ibudwiníqmckoolsmith.com
Gretchen K. Harting
Texas State Bar No. 24055979
ghartingíqmckoo Ism ith .com

Matthew B. Rappaport
Texas State Bar No. 24070472
mraDDaDort(gmckoolsmith.com
McKoOL SMITH, P.c.
300 West Sixth Street, Suite 1700
Austin, Texas 78701
Telephone: [phone]

Telecopier: [phone]

ATTORNYS FOR PLAITIFF
EOLAS TECHNOLOGIES INC.

Austin 66590vl

CERTIFICATE OF SERVICE
The undersigned certifies that the foregoing document was served via electronic mail on
all counsel of record on this the 1st day of April, 20 II.
/s/ Matt RaDDaDort

Matt Rappaport

Austin 66590vl