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)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF TEXAS
TYLER DIVISION
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Plaintiff,
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vs.
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Adobe Systems Inc., Amazon.com, Inc., Apple
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Inc., Argosy Publishing, Inc., Blockbuster Inc.,
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CDW Corp., Citigroup Inc., eBay Inc., Frito-Lay, )
Inc., The Go Daddy Group, Inc., Google Inc., J.C. )
Penney Company, Inc., JPMorgan Chase & Co.,
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New Frontier Media, Inc., Office Depot, Inc.,
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Perot Systems Corp., Playboy Enterprises
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International, Inc., Rent-A-Center, Inc., Staples,
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Inc., Sun Microsystems Inc., Texas Instruments
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Inc., Yahoo! Inc. and YouTube, LLC,
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Defendants.
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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
[e-mail]
Julianne Hartzell
[e-mail]
John R. Labbé
[e-mail]
Scott A. Sanderson
[e-mail]
6300 Willis Tower
233 South Wacker Drive
Chicago, IL 60606-6357
Telephone: [phone]
Facsimile: [phone]
Brian Craft
[e-mail]
Eric H. Findlay
[e-mail]
FINDLAY CRAFT, LLP
6760 Old Jacksonville Highway, Suite 101
Tyler, Texas 75703
Telephone: [phone]
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