Eolas Technologies Incorporated v. Adobe Systems Incorporated et al

Filing 1169

Unopposed MOTION TO INCREASE THE COURT'S LIMIT OF DESIGNATED EXHIBITS FOR TRIAL 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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§ Civil Action No. 6:09-CV-00446-LED
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JURY TRIAL
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PLAINTIFFS’ UNOPPOSED MOTION TO INCREASE THE
COURT’S LIMIT OF DESIGNATED EXHIBITS FOR TRIAL
Pursuant to the Court’s Standing Order Regarding Letter Briefs, dated August 12, 2011,
each side in this case is limited to designating 250 exhibits for trial. For good cause, as allowed
by the Standing Order, Plaintiffs respectfully request an increase of their limit of designated
exhibits from 250 exhibits to 400 exhibits.
In this case, Plaintiffs assert two patents against ten (10) remaining Defendants. Those
Defendants provide access to a number of features alleged to be infringing on a number of
accused websites. As Plaintiffs, Eolas and The Regents of the University of California bear the
burden to prove infringement, both direct and indirect, willfulness, and damages.

These

elements of proof are document intensive. Although generally 250 exhibits is adequate for the

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presentation of evidence in a case, the number of Defendants remaining for trial against whom
Plaintiffs must prove liability, wilfullness,1 and damages justifies in this case an increase in the
limit of exhibits from 250 exhibits to 400 exhibits. The good cause standard set forth in the
Court’s Standing Order is met here, where a limit of 400 exhibits—40 per Defendant—is a
manageable number for the parties’ review and presentation of objections and is reasonable
under the circumstances of this case.
Defendants have advised Plaintiffs that they do not oppose Plaintiffs’ request for leave to
designate 400 exhibits.
For the foregoing reasons, Plaintiffs respectfully request that the Court grant their motion
to increase the limit of Plaintiffs’ designated exhibits from 250 exhibits to 400 exhibits.

1

Plaintiffs allege willfulness against Defendants Adobe, Amazon, Citigroup, Google and Yahoo.

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Dated: January 5, 2012.

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]
Rosemary T. Snider
Texas State Bar No. 18796500
[e-mail]
Thomas G. Fasone III
Texas State Bar No. 00785382
[e-mail]
Holly Engelmann
Texas State Bar No. 24040865
[e-mail]
Ivan Wang
Texas State Bar No. 24042679
[e-mail]
MCKOOL SMITH, P.C.
300 Crescent Court, Suite 1500
Dallas, Texas 75201
Telephone: [phone]
Telecopier: [phone]
Samuel F. Baxter
Texas State Bar No. 01938000
[e-mail]
MCKOOL SMITH, P.C.
104 E. Houston Street, Suite 300
(P.O. Box 0)
Marshall, Texas 75670
Telephone: [phone]
Telecopier: [phone]
Voicemail: [phone]
Kevin L. Burgess
Texas State Bar No. 24006927
[e-mail]
John B. Campbell
Texas State Bar No. 24036314
[e-mail]
John F. Garvish II
Texas State Bar No. 24043681
[e-mail]
Josh W. Budwin
Texas State Bar No. 24050347
[e-mail]
Gretchen K. Curran
Texas State Bar No. 24055979
[e-mail]

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Lindsay K. Martin
Texas State Bar No. 24049544
[e-mail]
J.R. Johnson
Texas State Bar No. 24070000
[e-mail]
Chris Mierzejewski
Texas State Bar No. 24070270
[e-mail]
Matthew B. Rappaport
Texas State Bar No. 24070472
[e-mail]
James E. Quigley
Texas State Bar No. 24075810
[e-mail]
MCKOOL SMITH, P.C.
300 West Sixth Street, Suite 1700
Austin, Texas 78701
Telephone: [phone]
Telecopier: [phone]
Gayle Rosenstein Klein
Texas State Bar No. 00797348
[e-mail]
MCKOOL SMITH, P.C.
One Bryant Park, 47th Floor
New York, NY 10036
Telephone: [phone]
Telecopier: [phone]
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
Telephone: [phone]
Telecopier: [phone]
ATTORNEYS FOR PLAINTIFFS THE
REGENTS OF THE UNIVERSITY OF
CALIFORNIA AND EOLAS
TECHNOLOGIES INC.

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CERTIFICATE OF CONFERENCE
The undersigned certifies that the parties have complied with Local Rule CV-7(h)’s meetand-confer requirement. The Defendants do not oppose the relief sought in this Motion.

/s/ John Campbell
John Campbell

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 January 5, 2012. Local Rule CV-5(a)(3)(A).

/s/ John Campbell
John Campbell

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