Eolas Technologies Incorporated v. Adobe Systems Incorporated et al

Filing 1258

Minute Entry for proceedings held before Judge Leonard Davis: Motion Hearing held on 1/19/2012 re 1134 SEALED PATENT MOTION for a Separate Trial filed by Amazon.com Inc., 1133 SEALED PATENT MOTION for a Separate Trial filed by Yahoo! Inc., 1159 MOTION to Limit the Number of Asserted Claims for Trial filed by The Go Daddy Group, Inc., Citigroup Inc., J.C. Penney Corporation, Inc., Yahoo! Inc., CDW Corporation, Adobe Systems Incorporated, Amazon.com Inc., Staples, Inc., 1176 MOTION for Leave to Designate Additional Exhibits filed by YouTube, LLC, The Go Daddy Group, Inc., Citigroup Inc., J.C. Penney Corporation, Inc., Yahoo! Inc., Google Inc., CDW Corporation, Adobe Systems Incorporated, Amazon.com Inc., Staples, Inc., 1218 SEALED MOTION Defendants Motion for Jury Trial on Inequitable Conduct filed by YouTube, LLC, The Go Daddy Group, Inc., Citigroup Inc., Yahoo! Inc., Google Inc., CDW Corporation, Adobe Systems Incorporated, Amazon.com Inc., Staples, Inc., 1242 MOTION for Leave for Additional Time to Serve Certain Pre-Trial Documents filed by YouTube, LLC, Google Inc., 1158 Opposed MOTION to Sever or for Separate Trial filed by Adobe Systems Incorporated, 1219 SEALED PATENT MOTION to Sever and for an Individual Trial filed by YouTube, LLC, Google Inc., 1171 SEALED MOTION for Separate Trial or To Sever filed by Staples, Inc., 1169 Unopposed MOTION TO INCREASE THE COURT'S LIMIT OF DESIGNATED EXHIBITS FOR TRIAL filed by Eolas Technologies Incorporated, 1118 Opposed MOTION for Discovery Motion for Leave to Serve Discovery on Apple, Inc., Patrick Heynen and Los Alamos National Laboratory filed by YouTube, LLC, The Go Daddy Group, Inc., Citigroup Inc., J.C. Penney Corporation, Inc., Yahoo! Inc., Google Inc., CDW Corporation, Adobe Systems Incorporated, Amazon.com Inc., 1226 SEALED PATENT MOTION J.C. Penney Corporation, Inc.'s Motion to Sever and/or For Individual Trial filed by J.C. Penney Corporation, Inc.. (Court Reporter Shea Sloan.) (Attachments: # 1 Attorney Sign In Sheet) (als, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF TEXAS
TYLER DIVISION

DATE: January 19, 2011
REPORTER: Shea Sloan

JUDGE
LEONARD DAVIS
LAW CLERKS: Allan Bullwinkel

EOLAS TECHNOLOGIES
INCORPORATED

CIVIL ACTION NO: 6:09-CV-446

V

MOTIONS HEARING

ADOBE SYSTEMS INCORPORATED
ATTORNEYS FOR PLAINTIFFS

ATTORNEY FOR DEFENDANT

SEE SIGN-IN SHEETS
On this day, came the parties by their attorneys and the following proceedings were had:
OPEN: 1:30 pm
TIME:
1:30 pm

ADJOURN: 2:15 pm

MINUTES:
Case called. PARTIES ANNOUNCED READY. (SEE SIGN-IN SHEETS)
Court addressed the parties on motions and status of the case.
Mr. Cawley addressed the court on separate trials.
Court in recess.
Hearing resumed.
Ms. Doan addressed the court on separate trials. Ms. Doan advised that Citigroup settling.
Mr. Loumish addressed the court on separate trials.
Court inquired as to trial with Adobe. Court advised parties on logical grouping. Court
advised parties on common issues. Court leaning toward three groups: Google/YouTube,
Amazon/Yahoo, and all remaining defendants. Court inquired as to being bound as to
validity findings of first trial. Court and parties discussed.
Ms. Doan responded. Mr. Jones responded. Mr. Cawley responded.

DAVID J. MALAND, CLERK
FILED: 01.19.2011
BY: Amy Strother, Courtroom Deputy

PAGE 2 - Proceedings Continued
TIME:

MINUTES:
Mr. Cawley addressed the Court on the grouping they proposed. Ms. Doan responded. Mr.
Scherkenbach responded. Mr. Loumish responded.
Court add parties on YouTube, Google, and Amazon going together. Mr. Loumish
responded. Ms. Doan responded. Mr. Cawley responded.
Plaintiff willing to have separate trials on invalidity alone and have it first.
Scherkenbach responded and maintains objection.

Mr.

Court advised that invalidity trial will be first then proceed in three groups: Google/Yahoo,
Amazon/Yahoo, and all remaining defendants.
Plaintiff will file designation on the order by Friday.
Mr. Cawley advised on mediations and settlements. If the number of defendants reduced
then asked trials be reduced.
Court and parties discussed time on invalidity trial. Mr. Cawley responded. Ms. Doan
responded. Court will take under advisement
Court and parties discussed timing on other trials. Mr. Cawley responded. Mr. Loumish
responded. Ms. Doan responded.
Court advised on trial schedule. Jury selection and trial 2/6/12 and proceed with invalidity
trial on all defendants. Start next trial on 2/13/12 to 2/15/12 and continue on 2/21/12 and
finish. Mr. Cawley addressed Court on pretrial for next Tuesday.
Court addressed parties on motions: dockets numbers 1133, 1134, 1158, 1171, 1219, and
1226.. All denied as moot in light of the Court’s ruling on trial plan.
Mr. Reines presented motion, Defendant’s Motion to Limit the Number of Asserted Claims
for Trial (#1159). Mr. Budwin responded. Court denied motion.
Court addressed parties on motions, Plaintiff’s Unopposed Motion to Increase the Court’s
Limit of Designated Exhibits for Trial (#1169) and Defendant’s Motion for Leave to
Designate Additional Exhibits (#1176). Court granted Plaintiff’s Unopposed Motion to
Increase the Court’s Limit of Designated Exhibits for Trial (#1169). Ms. Doan responded
on to Defendant’s Motion for Leave to Designate Additional Exhibits (#1176). Court denied
Defendant’s Motion for Leave to Designate Additional Exhibits (#1176) as moot.
Court addressed the parties on Defendant’s Motion for Leave for Additional Time to Serve
Certain Pre-Trial Documents (#1242). Mr. Jones advised parties have worked out and Court
denied motion (#1242) as moot. Court denied Defendant’s Motion for Jury Trial on
Inequitable Conduct (#1218).
Ms. Doan presented Opposed Motion for Leave to Serve Discovery on Apple, Inc., Patrick
Heynen, and Los Alamos National Laboratory (#1118). Mr. Campbell responded. Ms. Doan
responded. Mr. Campbell further responded. Court denied motion.
Mr. Budwin addressed the Court on Defendants filing motions without meet and confer
between parties. Ms. Doan responded. Court advised parties to meet and confer with the
mediators to get case resolved.
2:15 pm

There being nothing further. Court adjourned.

PAGE 3 - Proceedings Continued