Eolas Technologies Incorporated v. Adobe Systems Incorporated et al

Filing 1191

Joint MOTION in Limine (OMNIBUS) by Eolas Technologies Incorporated, The Regents of the University of California. (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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ORDER GRANTING PLAINTIFFS’ AND DEFENDANTS’
JOINT OMNIBUS MOTION IN LIMINE
The Court, having considered Plaintiffs’ and Defendants’ Joint Omnibus Motion in
Limine, finds that those motion in limine topics should be granted.
It is therefore ordered that:
For Motions in Limine Topics Proposed by Plaintiffs:
1)

Defendants J.C. Penney Company, Inc., Adobe Systems Inc., Staples, Inc., and Citigroup

Inc. are precluded from presenting any argument, testimony, evidence, or reference to the effect
that Plaintiffs have licensed the “adult entertainment”, “pornography”, or “adult entertainment
industries” or that the licensed technology is used to provide pornographic and other online adult
videos and other media.

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2)

Plaintiffs and Defendants Yahoo! Inc., Amazon.com, Inc., and CDW Corp. are precluded

from presenting against one another any argument, evidence, testimony, or reference to the
retention agreement between the parties and their counsel or any reference to the nature of the
agreement.
3)

All Defendants (Adobe Systems Inc., Staples, Inc., J.C. Penney Company, Inc., The Go

Daddy Group, Inc., Google Inc., YouTube LLC, Yahoo! Inc., Amazon.com, Inc., CDW Corp.,
and Citigroup Inc.) are precluded from presenting any argument, evidence, testimony, or
reference to either Plaintiff as a “patent troll” or “patent pirate”.
4)

Plaintiffs and Defendants Adobe Systems Inc., The Go Daddy Group, Inc., and Citigroup

Inc. are precluded from presenting against one another any argument, evidence, testimony, or
reference to legal and expert fees and expenses incurred by the parties in prosecuting and
defending this litigation and/or incurred in a typical patent litigation, including but not limited to
SI267566-578. This agreement will not in any way restrict use at trial of Eolas’ business plans,
including argument, evidence, testimony, or reference to Eolas’ statements in Business Plans to
the effect of making the cost of a license less than the cost of fighting an infringement suit.
5)

Plaintiffs and Defendants CDW Corp. and J.C. Penney Company, Inc. are precluded from

presenting against one another any argument, evidence, testimony, or reference to legal fees and
expenses incurred by the parties in prosecuting and defending this litigation and/or incurred in a
typical patent litigation, including but not limited to SI267566-578. This agreement will not in
any way restrict use at trial of Eolas’ business plans, including argument, evidence, testimony, or
reference to Eolas’ statements in Business Plans to the effect of making the cost of a license less
than the cost of fighting an infringement suit.

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6)

Plaintiffs and all Defendants in this case (Adobe Systems Inc., Amazon.com, Inc., CDW

Corp., Citigroup Inc., The Go Daddy Group, Inc., Google Inc., J.C. Penney Company, Inc.,
Staples, Inc., Yahoo! Inc., and YouTube, LLC) are precluded from presenting against one
another any argument, evidence, testimony, or reference to (1) any jury study or focus groups
that have been conducted by either party or (2) the use by either party of a shadow jury during
trial.
For Motions in Limine Topics Proposed by Defendants Yahoo! Inc. and Amazon.com, Inc.:
1)

Plaintiffs and Defendants Yahoo! Inc., Amazon.com, Inc., and CDW Corp. are precluded

from presenting against one another any evidence, testimony, or argument concerning company
firings and/or layoffs as a result of this litigation and/or damages awards.
2)

Plaintiffs and Yahoo! Inc., Amazon.com, Inc., CDW Corp., Google Inc., and YouTube,

LLC are precluded from presenting against one another any evidence, testimony, or argument of
any kind mentioning religion of any particular individuals, including making any general
references to religion or religious figures or symbols.
3)

Plaintiffs are precluded from presenting against any Defendants any evidence, testimony,

or argument referring, mentioning, or otherwise offering evidence of any kind regarding
instances in which third parties have used or attempted to use Defendants’ websites for any kind
of unlawful or immoral purposes.
4)

Plaintiffs and Defendants Yahoo! Inc., Amazon.com, Inc., Adobe Systems Inc., Google,

Inc., CDW Corp., The Go Daddy Group, Inc., Staples, Inc., and YouTube, LLC are precluded
from presenting against one another any evidence, testimony, or argument from any party
referring to a prior retention or relationship between any expert with counsel or any party in this
case.

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5)

Plaintiffs are precluded from presenting against any Defendants any evidence, testimony,

or argument that they copied the patents-in-suit.
For Motions in Limine Topics Proposed by Defendants Adobe Systems Inc., Amazon.com,
Inc., Citigroup Inc., The Go Daddy Group, Inc., Google Inc., J.C. Penney Company, Inc.,
Staples, Inc., Yahoo! Inc., and YouTube, LLC:
1)

Plaintiffs and Defendants Adobe Systems Inc., Amazon.com, Inc., Citigroup Inc., The Go

Daddy Group, Inc., Google Inc., J.C. Penney Company, Inc., Staples, Inc., Yahoo! Inc., and
YouTube, LLC are precluded from presenting against one another any evidence, testimony,
argument, or reference to discovery disputes.
2)

Plaintiffs and Defendants Adobe Systems Inc., Amazon.com, Inc., Citigroup Inc., The Go

Daddy Group, Inc., Google Inc., J.C. Penney Company, Inc., Staples, Inc., Yahoo! Inc., and
YouTube, LLC are precluded from presenting against one another any evidence, testimony,
argument, or reference to the sufficiency of a party’s production, investigation, and document
collection efforts, including the content of a party’s privilege log.
For Motions in Limine Topics Proposed by Defendant CDW Corp. (and for 3, Staples,
Inc.):
1)

Plaintiffs and Defendant CDW Corp. are precluded from presenting against one another

any evidence, testimony, argument, or reference to the cost of defense or argument that the fact
that this case is being defended is evidence of the value of the accused features.
2)

Plaintiffs are precluded from presenting any evidence against Defendant CDW Corp. that

is only relevant to willfulness based on Plaintiffs’ representation that it will not pursue
willfulness against CDW Corp.
3)

Plaintiffs are precluded from presenting any evidence against Defendant Staples, Inc. that

is only relevant to willfulness based on Plaintiffs’ representation that it will not pursue
willfulness against Staples, Inc.
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For Motions in Limine Topics Proposed by All Defendants:
1)

Plaintiffs and all Defendants are precluded from presenting any evidence, testimony,

argument, or reference to motions in limine filed and the outcomes of such motions.
For Motions in Limine Topics Proposed by All Defendants and Modified Thereafter:
1)

Plaintiffs and Adobe Systems Inc., Google Inc., YouTube, LLC, Staples, Inc., Citigroup

Inc., Amazon.com, Inc., J.C. Penney Company, Inc., The Go Daddy Group, Inc., and Yahoo!
Inc. are precluded from presenting any evidence, testimony, argument, or reference to summary
judgment motions, motions to strike, and motions to exclude filed and the outcomes of such
motions.
It is further ordered that the parties identified in each of the foregoing orders, their
counsel, and through their counsel, any and all of their witnesses (whether testifying live or by
deposition only), be instructed to refrain from any mention or interrogation, directly or indirectly,
in any manner whatsoever, including the offering of documentary evidence or through
deposition, of any of the matters set forth in this Order.

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