Eolas Technologies Incorporated v. Adobe Systems Incorporated et al

Filing 1264

FINAL TRIAL PLAN. Signed by Judge Leonard Davis on 01/20/12. cc:attys 1-20-12(mll, )

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IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TEXAS TYLER DIVISION § § § § § § § § § § § EOLAS TECHNOLOGIES INCORPORATED, Plaintiff, vs. ADOBE SYSTEMS, INC., et al., Defendants. CASE NO. 6:09-CV-446 FINAL TRIAL PLAN Before the Court is the parties’ Status Update Regarding the Parties’ Relative Positions on a Trial Plan (Docket No. 1168). The Court held a hearing regarding the same on January 19, 2012, and heard argument on developing a final trial plan for this case. This Order memorializes the Court’s rulings from the bench during the hearing regarding the final trial plan. The trial will proceed in four phases, if necessary, according to the following schedule: Trial Invalidity and Inequitable Conduct Infringement and Damages Infringement and Damages Infringement and Damages Jury Selection February 6, 2012 Trial Date February 6, 2012 Defendants All Defendants February 6, 2012 February 13, 2012 Group A February 27, 2012 February 27, 2012 Group B March 5, 2012 March 5, 2012 Group C The Defendants shall be divided into the following three groups for the Infringement and Damages trials: Google and YouTube Amazon and Yahoo! Adobe, CDW, Citigroup, Go Daddy, J.C. Penney, and Staples 1 Plaintiff shall notify the Court and Defendants by noon on January 20, 2012, the order in which it will try the defendant groups for the Infringement and Damages trials. If a defendant group settles prior to its trial date, the trial dates for the subsequent defendant groups shall be moved up accordingly. Thus, if Group A settles prior to February 13th, then Group B’s trial date would be February 13th and Group C’s would be February 27th. The time allotments per side for the Invalidity and Inequitable Conduct trial are: Voir Dire: 20 minutes; Opening Statement: 30 minutes; Direct/Cross Examination: 6 hours; and Closing Argument: 40 minutes. The time allotments, per side, for each Infringement and Damages trial are: Voir Dire: 20 minutes; Opening Statement: 30 minutes; Direct/Cross Examination: 12 hours; and Closing Argument: 45 minutes. The Court further notes that these time allotments include issues for both the bench and the jury; the parties should budget their time accordingly. So ORDERED and SIGNED this 20th day of January, 2012. __________________________________ LEONARD DAVIS UNITED STATES DISTRICT JUDGE 2

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