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, )

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

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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.

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LEONARD DAVIS
UNITED STATES DISTRICT JUDGE

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