Eolas Technologies Incorporated v. Adobe Systems Incorporated et al

Filing 1201

Unopposed MOTION for Leave to File a Stand-Alone Motion in Limine by CDW Corporation. (Attachments: # 1 Exhibit A, # 2 Text of Proposed Order)(Labbe, John)

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UNITED STATES DISTRICT COURT EASTERN DISTRICT OF TEXAS TYLER DIVISION ) ) 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. ) ) ) Eolas Technologies Incorporated, Civil Action No. 6:09-cv-446 Honorable Judge Leonard E. Davis JURY TRIAL DEMANDED UNOPPOSED DEFENDANT CDW LLC’S MOTION FOR LEAVE TO FILE A STAND-ALONE MOTION IN LIMINE CDW hereby requests leave of Court to file a short stand-alone motion in limine seeking to exclude plaintiffs’ suggestion, argument or evidence that CDW could completely remove or disable accused features at minimal cost. A copy of CDW’s motion is attached hereto as Exhibit A. CDW seeks leave of Court to file this motion as a stand-alone motion because CDW’s co-defendants do not join in this motion. However, the total number of issues raised in the Defendants’ omnibus motion in limine (Docket No. 1189) and CDW’s stand-alone motion in limine will not exceed ten issues, nor will the briefs in support of these motions exceed a total of fifteen pages. Counsel for Plaintiffs has indicated that Plaintiffs do not oppose CDW’s filing of a standalone motion in limine. Accordingly, CDW requests leave of court to file a single stand-alone motion in limine. Dated: January 9, 2012 Respectfully submitted, MARSHALL, GERSTEIN & BORUN LLP By: /s/ John R. Labbé Thomas L. Duston tduston@marshallip.com Julianne Hartzell jhartzell@marshallip.com John R. Labbé jlabbe@marshallip.com Scott A. Sanderson ssanderson@marshallip.com 6300 Willis Tower 233 South Wacker Drive Chicago, IL 60606-6357 Telephone: (312) 474-6300 Facsimile: (312) 474-0448 Brian Craft bcraft@findlaycraft.com Eric H. Findlay efindlay@findlaycraft.com FINDLAY CRAFT, LLP 6760 Old Jacksonville Highway, Suite 101 Tyler, Texas 75703 Telephone: (903) 534-1100 Attorneys for Defendant CDW LLC 2 CERTIFICATE OF CONFERENCE I hereby certify that the parties met and conferred regarding the relief requested in this Motion for Leave on January 9, 2012, and counsel for Eolas indicated that Eolas does not oppose CDW’s filing of a stand-alone motion in limine as requested in this Motion for Leave. /s/ John R. Labbé John R. Labbé CERTIFICATE OF SERVICE I, John R. Labbé, an attorney, hereby certify that I caused a copy of the foregoing UNOPPOSED DEFENDANT CDW LLC’S MOTION FOR LEAVE TO FILE A STANDALONE MOTION IN LIMINE to be served on all counsel of record via electronic mail via the Court’s ECF system. /s/ John R. Labbé John R. Labbé

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