Eolas Technologies Incorporated v. Adobe Systems Incorporated et al

Filing 1270

Unopposed MOTION for Leave to File TWO ADDITIONAL MOTION IN LIMINE ISSUES SOLELY FOR THE "INVALIDITY TRIAL" by Eolas Technologies Incorporated, The Regents of the University of California. (Attachments: # 1 Text of Proposed Order)(McKool, Mike)

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF TEXAS
TYLER DIVISION
Eolas Technologies Incorporated,
Plaintiff,
vs.
Adobe Systems Inc., Amazon.com, Inc.,
Apple Inc., Argosy Publishing, Inc.,
Blockbuster Inc., CDW Corp.,
Citigroup Inc., eBay Inc., Frito-Lay, Inc.,
The Go Daddy Group, Inc., Google Inc.,
J.C. Penney Company, Inc., JPMorgan
Chase & Co., New Frontier Media, Inc.,
Office Depot, Inc., Perot Systems Corp.,
Playboy Enterprises International, Inc.,
Rent-A-Center, Inc., Staples, Inc., Sun
Microsystems Inc., Texas Instruments Inc.,
Yahoo! Inc., and YouTube, LLC
Defendants.

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§ Civil Action No. 6:09-CV-00446-LED
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JURY TRIAL
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PLAINTIFFS THE REGENTS OF THE UNIVERSITY OF CALIFORNIA
AND EOLAS TECHNOLOGIES INCORPORATED’S UNOPPOSED
MOTION FOR LEAVE TO FILE TWO ADDITIONAL MOTION
IN LIMINE ISSUES SOLELY FOR THE “INVALIDITY TRIAL”
Plaintiffs file this Unopposed Motion1 for Leave to File Two Additional Motion in
Limine Issues Solely for the Validity Trial and in support thereof would show as follows:
I.

ARGUMENT
Pursuant to the Court’s Standing Order, which provides that “[e]ach side is limited to one

motion in limine addressing no more than ten disputed issues” [Standing Order at 2], on January

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Plaintiffs and Defendants met and conferred on January 21, 2012 to discuss their prospective
motion in limine issues. Each side indicated that they sought to file additional motion in limine
issues and agreed that they would each file by 6:00 PM CST Sunday, January 22, 2012 their
additional motion in limine issues. The parties further agreed that each side would file by 4:00
PM CST Monday, January 24, 2012 their responses to the other side’s motion in limine issues.
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6, 2012, Plaintiffs file their Omnibus Motion in Limine addressing ten disputed issues. [Dkt. No.
1186]. During the Court’s January 19, 2012 hearing, the Court determined that the case would
be tried in four trials, beginning with a jury trial solely on “invalidity”. [Dkt. No. 1258 at 2]. In
light of the Court’s decision, Plaintiffs seek leave to file two additional motion in limine issues to
preclude the presentation of any argument, evidence, testimony, or reference to (i) Plaintiffs’
damages or infringement claims or (ii) Eolas’ business success or failure, as set forth in
Plaintiffs’ Second Omnibus Motion in Limine Solely for the Validity Trial. While Defendants
do not agree that such argument, evidence, testimony, or reference to the matters set forth in
Plaintiffs’ Second Omnibus Motion in Limine Solely for the Validity Trial should be precluded,
they do not opposed the relief Plaintiffs request in this Motion—that Plaintiffs be granted leave
to file two additional motion in limine issues.
II.

CONCLUSION
In light of the foregoing, Plaintiffs respectfully request the Court grant Plaintiffs’ Motion,

granting them leave to file two additional motion in limine issues for the validity trial.

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Dated: January 22, 2012.

MCKOOL SMITH, P.C.
/s/ Mike McKool
Mike McKool
Lead Attorney
Texas State Bar No. 13732100
[e-mail]
Douglas Cawley
Texas State Bar No. 04035500
[e-mail]
Holly Engelmann
Texas State Bar No. 24040865
[e-mail]
MCKOOL SMITH, P.C.
300 Crescent Court, Suite 1500
Dallas, Texas 75201
Telephone: [phone]
Telecopier: [phone]
Kevin L. Burgess
Texas State Bar No. 24006927
[e-mail]
Josh W. Budwin
Texas State Bar No. 24050347
[e-mail]
Gretchen K. Curran
Texas State Bar No. 24055979
[e-mail]
Matthew B. Rappaport
Texas State Bar No. 24070472
[e-mail]
J.R. Johnson
Texas State Bar No. 24070000
[e-mail]
MCKOOL SMITH, P.C.
300 West Sixth Street, Suite 1700
Austin, Texas 78701
Telephone: [phone]
Telecopier: [phone]

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Robert M. Parker
Texas State Bar No. 15498000
[e-mail]
Robert Christopher Bunt
Texas Bar No. 00787165
[e-mail]
Andrew T. Gorham
Texas State Bar No. 24012715
[e-mail]
PARKER, BUNT & AINSWORTH, P.C.
100 E. Ferguson, Suite 1114
Tyler, Texas 75702
Telephone: [phone]
Telecopier: [phone]
ATTORNEYS FOR PLAINTIFFS
THE REGENTS OF THE UNIVERSITY
OF CALIFORNIA AND EOLAS
TECHNOLOGIES INCORPORATED

CERTIFICATE OF CONFERENCE
I hereby certify that the parties met and conferred regarding the relief requested in this
Motion on January 21, 2012. Defendants are unopposed to the relief requested in this Motion—
that Plaintiffs be granted leave to file two additional motion in limine issues for the validity trial.
/s/ Gretchen K. Curran
Gretchen K. Curran
CERTIFICATE OF SERVICE
The undersigned certifies that the foregoing document, attachment, and exhibits were
filed electronically in compliance with Local Rule CV-5(a) and, thus, was served on all counsel
of record on January 22, 2011.
/s/ Gretchen K. Curran
Gretchen K. Curran

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