Eolas Technologies Incorporated v. Adobe Systems Incorporated et al

Filing 1148

Unopposed MOTION FOR LEAVE TO SUPPLEMENT THEIR P.R. 3-1 INFRINGEMENT CONTENTIONS WITH RESPECT TO STAPLES, INC.'S NEW WAY WEBSITES by Eolas Technologies Incorporated. (Attachments: # 1 Text of Proposed Order)(McKool, Mike)

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

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JURY TRIAL
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PLAINTIFFS’ UNOPPOSED MOTION FOR LEAVE TO SUPPLEMENT
THEIR P.R. 3-1 INFRINGEMENT CONTENTIONS WITH RESPECT
TO STAPLES, INC.’S NEW WAY WEBSITES
Pursuant to Patent Rule 3-6, Plaintiffs The Regents of the University of California and
Eolas Technologies Incorporated (“Plaintiffs”) respectfully request leave to supplement their
infringement contentions as to Defendant Staples, Inc. (“Staples”) with respect to
order.staplesadvantage.com

and

those

websites

to

which

it

links,

such

as

www.staplesadvantagecatalogs.com (“New Way websites”). Staples is unopposed to the relief
requested in this Motion.
Plaintiffs served their original infringement contentions against Staples on March 5,
2010. Staples’ New Way websites did not become “live” until October 24, 2011. At that time,
Plaintiffs’ experts used the log-in credentials provided by Staples to expeditiously and diligently

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examine and analyze the New Way websites. On November 14, 2011, in an attempt to obtain
consent to file this Motion unopposed, Plaintiffs provided Staples a supplemental expert report
and supporting documents for Plaintiffs’ infringement allegations concerning the New Way
websites and have, since that time, diligently worked with Staples to obtain agreement to add the
New Way websites to this case. Today, the parties reached an agreement regarding the scope of
discovery regarding the New Way websites and, thus, Plaintiffs have just now obtained consent
to file this Motion unopposed.
Plaintiffs have clearly met the good cause standard for supplementing infringement
contentions. First, the New Way websites were made “live” 18 months after Plaintiffs had
served their original infringement contentions. Second, Plaintiffs served their supplemental
expert report on Staples as soon as Plaintiffs’ experts were able to conclude their investigation of
the New Way websites. Third, excluding the New Way websites would require duplicative
litigation.
For the foregoing reasons, Plaintiffs respectfully request that the Court grant their motion
to supplement their infringement contentions.

McKool 405805v1

Dated: December 22, 2011

Respectfully submitted,

.

MCKOOL SMITH, P.C.
/s/ Mike McKool
Mike McKool
Lead Attorney
Texas State Bar No. 13732100
[e-mail]
Douglas Cawley
Texas State Bar No. 04035500
[e-mail]
Holly Engelmann
Texas State Bar No. 24040865
[e-mail]
MCKOOL SMITH, P.C.
300 Crescent Court, Suite 1500
Dallas, Texas 75201
Telephone: [phone]
Telecopier: [phone]
Kevin L. Burgess
Texas State Bar No. 24006927
[e-mail]
Josh W. Budwin
Texas State Bar No. 24050347
[e-mail]
Gretchen K. Curran
Texas State Bar No. 24055979
[e-mail]
Matthew B. Rappaport
Texas State Bar No. 24070472
[e-mail]
J.R. Johnson
Texas State Bar No. 24070000
[e-mail]
MCKOOL SMITH, P.C.
300 West Sixth Street, Suite 1700
Austin, Texas 78701
Telephone: [phone]
Telecopier: [phone]

McKool 405805v1

Robert M. Parker
Texas State Bar No. 15498000
[e-mail]
Robert Christopher Bunt
Texas Bar No. 00787165
[e-mail]
Andrew T. Gorham
Texas State Bar No. 24012715
[e-mail]
PARKER, BUNT & AINSWORTH, P.C.
100 E. Ferguson, Suite 1114
Tyler, Texas 75702
[phone]
[phone]- Facsimile
ATTORNEYS FOR PLAINTIFF
EOLAS TECHNOLOGIES INC.
AND THE REGENTS OF THE
UNIVERSITY OF CALIFORNIA

CERTIFICATE OF CONFERENCE
The undersigned certifies that the parties have complied with Local Rule CV-7(h)’s meetand-confer requirement. Staples is unopposed to the relief sought in this Motion.
/s/ Gretchen K. Curran
Gretchen K. Curran

CERTIFICATE OF SERVICE
The undersigned certifies that the foregoing document was filed electronically in
compliance with Local Rule CV-5(a). As such, this document was served on all counsel who
have consented to electronic services on December 22, 2011. Local Rule CV-5(a)(3)(A).
/s/ Gretchen K. Curran
Gretchen K. Curran

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