Eolas Technologies Incorporated v. Adobe Systems Incorporated et al

Filing 1183

Opposed MOTION in Limine to Exclude Evidence of Efforts to Initiate a Re-Examination of the '906 Patent by Adobe Systems Incorporated. (Attachments: # 1 Exhibit A - Weinstein Core Report, # 2 Exhibit B - Expert Rpt of Weinstein re Adobe, # 3 Exhibit C - Expert Rpt of Martin, # 4 Exhibit D - Sadowski Depo Excerpts, # 5 Text of Proposed Order)(Healey, David) (Entered: 01/06/2012)

EXHIBIT C

UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF TEXAS
TYLER DIVISION

EOLAS TECHNOLOGIES, INC.,
Plaintiff,
vs.
ADOBE SYSTEMS INC., et al.,
Defendants.

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Civil Action No. 6:09-cv-446
HIGHLY CONFIDENTIAL –
ATTORNEY’S EYES ONLY

EXPERT REPORT OF DAVID M. MARTIN JR.

Attorneys' Eyes Only Confidential Information Subject to Protective Order

19

Expert Report of David M. Martin Jr.

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August 23, 2003

The W3C launches its HTML Patent Advisory Group (PAG)—including
members from various defendants in this case. The mission of the HTML PAG
is to study issues for HTML-related Working Drafts and Recommendations
raised by the court case of Eolas v. Microsoft and the ’906 patent.

September 10, 2003December 5, 2003

E-mail discussions between employees of Apple, Oracle (Sun Microsystems),
Adobe (including Macromedia) and others in the industry related to Eolas
and its ’906 patent.

October 14, 2003

Letter from AOL, Macromedia, and Microsoft urging re-examination of the
’906 patent is submitted to the PTO.

October 15, 2003

Letter from Adobe urging director-ordered reexamination of the ’906 patent
is submitted to the PTO.

October 28, 2003

Letter from Tim Berners-Lee of the World Wide Web Consortium (W3C)
urging director-ordered reexamination of the ’906 patent is submitted to the
PTO.

October 30, 2003

First ’906 reexamination request is ordered. This request is director-ordered.

January 14, 2004

N.D. Ill. Dist Ct enters $520M judgment in favor of Eolas against Microsoft.
Microsoft appeals to the Federal Circuit.

March 2, 2005

Federal Circuit opinion issues.

November 17, 2005

Microsoft invites various industry players — including Apple, Adobe, Oracle
(Sun Microsystems), eBay, Yahoo and Google — to a meeting to discuss the
upcoming changes to its Internet Explorer browser.

December 22, 2005

Second ’906 reexamination request is made by Microsoft.

February 9, 2006

Order granting second reexamination issued.

April 2006

Microsoft releases an Internet Explorer update that includes the “click-toactivate” requirement for ActiveX.

June 6, 2006

First ’906 reexamination certificate issues.

August 17, 2007

Settlement and license agreement with Microsoft.

April 2008

Microsoft releases an Internet Explorer update that removes the “click-toactivate” requirement for ActiveX.

February 3, 2009

Second ’906 reexamination certificate issues.

March 20, 2009

Notice of allowance of the ’985 patent

October 6, 2009

’985 patent issues; Eolas files this case.

IV.B. Conception and Reduction to Practice

Attorneys' Eyes Only Confidential Information Subject to Protective Order