Eolas Technologies Incorporated v. Adobe Systems Incorporated et al

Filing 1254

Unopposed MOTION to Extend Deadline to File Findings of Fact and Conclusions of Law for Bench Issues by Adobe Systems Incorporated. (Attachments: # 1 Text of Proposed Order)(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,

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

v.
ADOBE SYSTEMS INC., ET AL.,
Defendants.

UNOPPOSED MOTION TO EXTEND DEADLINE TO FILE FINDINGS OF FACT AND
CONCLUSIONS OF LAW FOR BENCH ISSUES
Adobe Systems Incorporated (“Adobe”) moves to extend the deadline to file the findings
of fact and conclusions of law for bench trial issues from Thursday, January 19, 2012 to
Monday, January 23, 2012 and clarification that the issues are for liability not remedies. All
Defendants agree to this Motion. Plaintiff does not oppose this motion. For good cause, Adobe
shows:
1.

The case management conference on January 19, 2012 will take up issues

regarding the trial(s) organization and certain other matters that will impact the parameters of the
jury trial. The findings of fact and conclusions of law will be more focused once the Court
discusses these issues with the parties.
2.

The press of preparations for the hearing and all deadlines makes it extremely

difficult for Defendants to complete all projects on the deadlines previously expected, and some
additional time has been added to several deadlines.
UNOPPOSED MOTION TO EXTEND DEADLINE TO FILE FINDINGS OF FACT AND CONCLUSIONS OF
LAW FOR BENCH ISSUES - Page 1

3.

The case management order is silent on which topics are covered by this deadline.

The parties have come to the mutual understanding that the findings of fact and conclusions of
law due at this time are for substantive issues related to liability and defenses to liability (e.g.,
laches, etc.) Findings of fact and conclusions of law for remedies should be set for a time when
liability has been resolved (e.g., exceptional case, injunction, enhanced damages, etc.)
Adobe respectfully requests that the January 19, 2012 deadline for filing findings of fact
and conclusions of law be reset to January 23, 2012, and that the Court confirm the parties’
understanding that these are to address issues of liability (defenses) not remedies.

UNOPPOSED MOTION TO EXTEND DEADLINE TO FILE FINDINGS OF FACT AND CONCLUSIONS OF
LAW FOR BENCH ISSUES - Page 2

Dated: January 18, 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)
Michael E. Florey
Email: [e-mail]
FISH & RICHARDSON P.C.
3200 RBC Plaza
60 South Sixth Street
Minneapolis, MN 55402
[phone] (Telephone)
[phone] (Facsimile)
Counsel for Defendant
ADOBE SYSTEMS INCORPORATED

UNOPPOSED MOTION TO EXTEND DEADLINE TO FILE FINDINGS OF FACT AND CONCLUSIONS OF
LAW FOR BENCH ISSUES - Page 3

CERTIFICATE OF CONFERENCE
I certify that I conferred with Mr. John Campbell for Eolas and Eolas does not oppose
this motion. I certify all defendants have agreed to this motion.
/s/David J. Healey
David J. Healey
CERTIFICATE OF SERVICE
The undersigned hereby certifies that a true and correct copy of the above and foregoing
document has been served on January 18, 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

11195923.doc

UNOPPOSED MOTION TO EXTEND DEADLINE TO FILE FINDINGS OF FACT AND CONCLUSIONS OF
LAW FOR BENCH ISSUES - Page 4