Eolas Technologies Incorporated v. Adobe Systems Incorporated et al

Filing 1198

NOTICE by Adobe Systems Incorporated Notice of Time Estimate for Trial (Healey, David)

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

EOLAS TECHNOLOGIES, INC. AND THE
REGENTS OF THE UNIVERSITY OF
CALIFORNIA,
Plaintiffs,
v.

Civil Action No. 6:09-CV-446 LED
JURY TRIAL DEMANDED

ADOBE SYSTEMS INC., ET AL.,
Defendants.

ADOBE SYSTEMS INCORPORATED’S NOTICE OF TIME ESTIMATE FOR TRIAL
Defendant Adobe Systems Incorporated (“Adobe”) hereby notifies the Court and the
parties that it requests the follow amount of time at jury selection and trial. If Adobe is tried
alone, and the prior Eolas litigation with Microsoft from 1999 to 2007 and willfulness are at
issue at trial, Adobe estimates it will need 22 hours for the following purposes: (1) voir dire, 30
minutes, (2) opening statements, 60 minutes, (3) direct and cross examinations, 19.5 hours, (4)
closing arguments, 60 minutes.
If Adobe is tried with another party, it is likely that there will be a reduction of time on
examinations for purposes of invalidity. However, if for example Adobe is tried with various
Adobe technology customers using Scene7 (e.g. J.C. Penny Corporation, Inc., Staples, Inc.,
CDW, Inc.), there will likely be an equivalent increase in time because direct and cross
examinations of Adobe related witnesses will be longer as the parties attempt to bolster liability
and indemnity related issues requiring Adobe to respond in kind.

ADOBE SYSTEMS INCORPORATED’S NOTICE OF TIME ESTIMATE FOR TRIAL - Page 1

Dated: January 9, 2012

Respectfully submitted,
FISH & RICHARDSON P.C.

By: /s/ David J. Healey
David J. Healey
E-mail: [e-mail]
FISH & RICHARDSON P.C.
1 Houston Center
1221 McKinney Street, Suite 2800
Houston, TX 77010
[phone] (Telephone)
[phone] (Facsimile)
OF COUNSEL:
Frank E. Scherkenbach
E-mail: [e-mail]
Proshanto Mukherji
Email: [e-mail]
FISH & RICHARDSON P.C.
One Marina Park Drive
Boston, MA 02110-1878
[phone] (Telephone)
[phone] (Facsimile)
Jason W. Wolff
E-mail: [e-mail]
FISH & RICHARDSON P.C.
12390 El Camino Real
San Diego, CA 92130
[phone] (Telephone)
[phone] (Facsimile)
Counsel for Defendant
ADOBE SYSTEMS INCORPORATED

ADOBE SYSTEMS INCORPORATED’S NOTICE OF TIME ESTIMATE FOR TRIAL - Page 2

CERTIFICATE OF SERVICE
The undersigned hereby certifies that a true and correct copy of the above and foregoing
document has been served on January 9, 2012 to all counsel of record who are deemed to have
consented to electronic service via the Court’s CM/ECF system per Local Rule CV-5(a)(3).

/s/ David J. Healey

11195212.doc

ADOBE SYSTEMS INCORPORATED’S NOTICE OF TIME ESTIMATE FOR TRIAL - Page 3