Eolas Technologies Incorporated v. Adobe Systems Incorporated et al

Filing 1208

NOTICE by Amazon.com Inc., Yahoo! Inc. (Notice of Estimated Trial Time) (Doan, Jennifer)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF TEXAS
TYLER DIVISION
EOLAS TECHNOLOGIES, INC. and
THE REGENTS OF THE UNIVERSITY
OF CALIFORNIA
Plaintiff,
v.
ADOBE SYSTEMS, INC. ET AL.,
Defendants.

§
§
§
§
§
§
§
§
§
§
§

CIVIL ACTION NO. 6:09-CV-446 (LED)

DEFENDANTS AMAZON AND YAHOO!’S
NOTICE OF ESTIMATED TRIAL TIME
Defendants Amazon.com Inc. and Yahoo! Inc. (“Defendants”) hereby submit
their estimate of the amount of time requested for jury selection and trial in this matter
pursuant to the Docket Control Order and state:
Currently ten (10) defendants remain in this litigation. As two or more trial
groups have been requested, Yahoo! and Amazon only propose times for the parties’
suggested groups in which they are included. Each of the defendants has different
technologies, experts and fact witnesses. As such, Defendants reserve the right to amend
this pleading in the event that either Defendant is grouped  with other disparate
technologies, or with defendants with whom they do not share trial efficiencies, asserted
claims or products. In addition, as discovery is ongoing with Plaintiff The Regents of the
University of California and the experts, Defendants reserve the right to amend the
request at or before the close of discovery. Further, Defendants reserve the right to
amend this submission in response to the Court’s rulings regarding trial organization.

DEFENDANTS AMAZON AND YAHOO!’S NOTICE OF ESTIMATED TRIAL TIME – Page 1

Finally, as there are also numerous unresolved legal issues, including major evidentiary
questions, Yahoo! and Amazon reserve the right to amend on that basis as well.
Specifically, Yahoo! and Amazon propose the following time limits per side:
Trial of Yahoo! Only:
(1)

Voir Dire - 45 min

(2)

Opening - 45 min

(3)

Testimony - 17 hours

(4)

Closing - 60 min

Trial of Amazon Only:
(1)

Voir dire - 45 min

(2)

Opening - 45 min

(3)

Testimony - 15 hours

(4)

Closing - 60 min

Trial of Yahoo! and Amazon Only:
(1)

Voir dire - 60 min

(2)

Opening – 60 min

(3)

Testimony - 20 hours

(4)

Closing – 75 min

Trial of Yahoo!, Amazon, Citi, CDW, and Go-Daddy Only:1
(1)

Voir Dire – 90 min

1

These estimates are proposed by Amazon and Yahoo! and are not endorsed by the other
defendants in this group, who specifically reserve the right to make their own trial estimates.

DEFENDANTS AMAZON AND YAHOO!’S NOTICE OF ESTIMATED TRIAL TIME – Page 2

(2)

Opening - 90 min

(3)

Testimony - 26 hours

(4)

Closing - 150 min

Respectfully submitted,

/s/ Jennifer H. Doan
Jennifer H. Doan
Texas Bar No. 08809050
Joshua R. Thane
Texas Bar No. 24060713
Shawn A. Latchford
Texas Bar No. 24066603
Stephen W. Creekmore, IV
HALTOM & DOAN
6500 Summerhill Road, Suite 100
Texarkana, TX 75503
Telephone: [phone]
Facsimile: [phone]
Email: [e-mail]
Email: [e-mail]
Email: [e-mail]
Email: [e-mail]
Edward R. Reines
Jared Bobrow
Sonal N. Mehta
Aaron Y. Huang
Andrew L. Perito
WEIL, GOTSHAL & MANGES LLP
201 Redwood Shores Parkway
Redwood Shores, CA 94065
Telephone: [phone]
Facsimile: [phone]
Email: [e-mail]
Email: [e-mail]
Email: [e-mail]
Email: [e-mail]
Email: [e-mail]

DEFENDANTS AMAZON AND YAHOO!’S NOTICE OF ESTIMATED TRIAL TIME – Page 3

Doug W. McClellan
WEIL, GOTSHAL & MANGES LLP
700 Louisiana, Suite 1600
Houston, TX 77002
Telephone: [phone]
Facsimile: [phone]
Email: [e-mail]
ATTORNEYS FOR DEFENDANTS
AMAZON.COM INC. and YAHOO!
INC.

CERTIFICATE OF SERVICE
The undersigned certifies that the foregoing document was filed electronically in
compliance with Local Rule CV-5(a). All other counsel of record not deemed to have
consented to electronic service were served with a true and correct copy of the foregoing
by certified mail, return receipt requested, on this the 9th day of January, 2012.

/s/ Jennifer H. Doan
Jennifer H. Doan

DEFENDANTS AMAZON AND YAHOO!’S NOTICE OF ESTIMATED TRIAL TIME – Page 4