Eolas Technologies Incorporated v. Adobe Systems Incorporated et al

Filing 1244

Proposed Pretrial Order by Eolas Technologies Incorporated, The Regents of the University of California. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Exhibit 10, # 11 Exhibit 11, # 12 Exhibit 12, # 13 Exhibit 13, # 14 Exhibit 14, # 15 Exhibit 15, # 16 Exhibit 16, # 17 Exhibit 17, # 18 Exhibit 18, # 19 Exhibit 19, # 20 Exhibit 20, # 21 Exhibit 21, # 22 Exhibit 22, # 23 Exhibit 23, # 24 Exhibit 24, # 25 Exhibit 25, # 26 Exhibit 26, # 27 Exhibit 27)(McKool, Mike) Modified on 1/17/2012 (mjc, ). Modified on 1/17/2012 (mjc, ).

EXHIBIT 2

UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF TEXAS
TYLER DIVISION
EOLAS TECHNOLOGIES, INC.
Plaintiff,
Civil Action No. 6:09-CV-446 LED

v.
ADOBE SYSTEMS INC., ET AL.,

JURY TRIAL DEMANDED

Defendants.

DEFENDANT ADOBE’S FIRST AMENDED TRIAL WITNESS LIST
Defendant Adobe Systems, Inc. (“Adobe”), pursuant to the Court’s Docket Control Order
entered in this case, files this First Amended Trial Witness List for identification of trial
witnesses. The designations of witnesses who “will be called to testify at trial,” “may be called
to testify at trial who are currently under contract with Adobe,” “may be called by deposition or
live, depending on their willingness to come to trial and the issues at trial,” and “may [be]
call[ed] adverse if at trial or within subpoena range of the court or otherwise required to attend
the trial” are based on information currently available to Adobe and may change based on events
between the time of this filing and the time at which these witnesses may be called. Adobe
further reserves the right to call any other witness deposed by Eolas, identified on Eolas’s
witness list, identified on any other defendant’s witness list, or necessitated by the Court’s claim
constructions. Adobe further reserves the right to call any witnesses necessary to authenticate
materials Adobe relies upon at trial where the authenticity, date of the materials, or content of the
materials are disputed by Eolas. Adobe also reserves the right to object on any ground to the
admissibility of the trial testimony of the witnesses on any party’s witness list and further
reserves its right to move for the exclusion of such testimony.

DEFENDANT ADOBE’S FIRST AMENDED TRIAL WITNESS LIST

At this time, Adobe identifies the following witnesses for trial:
A.

Witnesses Who Will Be Called To Testify At Trial
1. Blaire Hansen
2. Bob Wulff
3. Brian Napper
4. Kevin Lynch
5. Nick Godici1
6. Richard Phillips

B.

Witnesses Who May be Called to Testify At Trial Who Are Currently Under
Contract With Adobe
1. Dan Sadowski
2. Doug Benson
3. Ed Rowe
4. Eric Robeson
5. Joe Nemeth
6. Lisa Flosznik
7. Paul Betlem
8. Rick Brown
9. Sheila Dahlgren

C.

Witnesses Who May Be Called By Deposition Or Live, Depending On Their
Willingness To Come To Trial And The Issues At Trial
1. Anup Murarka
2. Apple, Inc.
3. Bill Janssen

1

Will not be called at jury trial unless the Court decides that inequitable conduct will be tried to
the jury.

DEFENDANT ADOBE’S FIRST AMENDED TRIAL WITNESS LIST

4. Chris McRae
5. Dale Dougherty
6. Dave Raggett
7. Eric Bina
8. Jonathan Gay
9. Karl Jacob
10. Los Alamos National Laboratory and/or employees of the same, including John Bass
and Andy White
11. Mike Sundermeyer
12. Mozilla Foundation
13. Patrick Heynen
14. Pei Wei
15. Robert Tatsumi
16. Scott Silvey
17. Tim Berners-Lee
18. Regents of the University of California
19. Any witnesses of any other party paired with Adobe for trial
D.

Witnesses Adobe May Call Adverse If At Trial, Or Within Subpoena Range Of The
Court, Or Otherwise Required To Attend The Trial.
1. Charles E. Krueger
2. Cheong Ang
3. David Martin
4. Jim Stetson
5. Mark Swords
6. Michael Doyle
7. Any other Eolas or Regents of the University of California employees, including
Ms. Hernandez and Ms. Gackle, Custodian of Records for each of the Libraries of the

DEFENDANT ADOBE’S FIRST AMENDED TRIAL WITNESS LIST

University of California and any other witnesses for the Regents of the University of
California who are and have been offered to testify regarding issues in this case.
8. Any witness of any other party paired with Adobe for trial.

DEFENDANT ADOBE’S FIRST AMENDED TRIAL WITNESS LIST