Eolas Technologies Incorporated v. Adobe Systems Incorporated et al

Filing 1283

NOTICE by J.C. Penney Corporation, Inc. re 1264 Order J.C. Penney's Objection to Final Trial Plan (Joe, Christopher)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF TEXAS
TYLER DIVISION
)
)
)
Plaintiff and Counterdefendant,
)
)
vs.
)
)
Adobe Systems Inc.; Amazon.com, Inc.; Apple Inc.; )
CDW Corp.; Citigroup Inc.; eBay Inc.; Frito-Lay, Inc.;)
The Go Daddy Group, Inc.; Google Inc.; J.C. Penney )
Corporation, 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 and Counterclaimants.
)
)
Eolas Technologies Incorporated,

Civil Action No. 6:09-CV-446-LED

JURY TRIAL DEMANDED

J.C. PENNEY’S OBJECTION TO FINAL TRIAL PLAN [DKT. NO. 1264]
Defendant J.C. Penney Corporation, Inc. (“JCP”) respectfully objects to the January 20,
2012 Final Trial Plan (Dkt. No. 1264) and Order (Dkt. No. 1263) and joins in the Objection filed
by Defendants Amazon and Yahoo (Dkt. No. 1274).
1.

JCP joins in the following paragraphs of the Objection filed by Defendants

Amazon and Yahoo for the same reasons and arguments asserted by them: 1, 2, 3, 4, and 5.
2.

JCP also joins in paragraph 6 of the Objection filed by Defendants Amazon and

Yahoo to the extent the objection relates to the invalidity and inequitable conduct trial.
3.

JCP further objects to the “time allotments” provided in the Plan as to JCP. The

limitations of “voir dire” to 20 minutes per side, opening statement to 30 minutes per side,
“direct/cross examination” to 12 hours per side, and “closing argument” per side in the

J.C. PENNEY’S OBJECTIONS TO FINAL TRIAL PLAN

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“Infringement and Damages” trial is unfairly prejudicial and infringes due process rights because
it does not permit sufficient time for JCP to adequately present its case, particularly given the
voluminous evidence, numerous witnesses, and complex factual and legal issues that must be
presented and resolved in this case.
Dated:

January 23, 2012

Respectfully submitted,
BUETHER JOE & CARPENTER, LLC

By: /s/ Christopher M. Joe
Christopher M. Joe (Lead Counsel)
State Bar No. 00787770
[e-mail]
Eric W. Buether
State Bar No. 03316880
[e-mail]
Brian A. Carpenter
State Bar No. 03840600
[e-mail]
Niky Bukovcan
WA State Bar No. 39403
[e-mail]
1700 Pacific Avenue
Suite 2390
Dallas, Texas 75201
Telephone:
[phone]
Facsimile:
[phone]
ATTORNEYS FOR DEFENDANT
J.C. PENNEY CORPORATION, INC.

J.C. PENNEY’S OBJECTIONS TO FINAL TRIAL PLAN

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CERTIFICATE OF SERVICE
The undersigned hereby certifies that all counsel of record who are deemed to have
consented to electronic service are being served with a copy of this document via the Court’s
CM/ECF system per Local Rule CV-5(a) on this 23rd day of January 2012. Any other counsel
of record will be served by facsimile transmission and first class mail.
/s/ Christopher M. Joe
Christopher M. Joe

J.C. PENNEY’S OBJECTIONS TO FINAL TRIAL PLAN

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