Eolas Technologies Incorporated v. Adobe Systems Incorporated et al

Filing 1317

Emergency MOTION to Strike DEFENDANTS' LATE-PRODUCED DOCUMENTS, VIDEO DEMONSTRATIONS, SOURCE CODE AND PREVIOUSLY UNIDENTIFIED PRIOR ART by Eolas Technologies Incorporated, The Regents of the University of California. (Attachments: # 1 Appendix, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C, # 5 Exhibit D, # 6 Exhibit E, # 7 Exhibit F, # 8 Exhibit G, # 9 Exhibit H, # 10 Exhibit I, # 11 Exhibit J, # 12 Exhibit K, # 13 Exhibit 1, # 14 Exhibit 2, # 15 Exhibit 3, # 16 Exhibit 4, # 17 Exhibit 5, # 18 Exhibit 6, # 19 Exhibit 7, # 20 Exhibit 8, # 21 Exhibit 9, # 22 Text of Proposed Order)(McKool, Mike)

EXHIBIT 6

From:
Sent:
To:
Cc:
Subject:

Josh Thane [[e-mail]]
Sunday, January 22, 2012 5:23 PM
Josh Budwin; Eolas
EOLAS; Nicole Sandone; Shawn Latchford; Leah B. Buratti; Gutierrez, Jose
RE: EOLAS v. Adobe et al. - YAHOO Production

Josh:
We reviewed our previous production and are somewhat confused by your request. I note
that there are only two documents in Yahoo!'s recent production which do not bear
custodial information . These appear to bear Bates numbers: 1) YahooE03114531 - which
should be David Filo, and 2) YahooE03114607-4692 - which is a publicly filed SEC document
from 1996. My understanding is that the publicly filed document does not have any
custodial information as the other publicly filed documents that have been produced
throughout this litigation do not have custodial information either. It is my
understanding that you had previously requested this document at the deposition of David
Filo. Let me know if you have any further questions about these documents.
With respect to the prior art native files (PA-NAT), which have been produced in this
case, we have re-reviewed that recent production. With respect to PA-NAT 100 through 108
and 112, the Viola and MediaView source code from those files has already previously been
produced in this litigation a number of times.
It is my understanding that those same
prior MediaView and Viola source code files also did not bear any custodial information.
Nevertheless, to extent that the custodial information for those files is required, it
would be Dick Phillips, Perry Wei, Scott Silvey, Dale Dougherty, and/or David Filo.
If you have any further questions, please let me know.
Thanks,
Josh
-----Original Message----From: Josh Budwin [mailto:[e-mail]]
Sent: Saturday, January 21, 2012 3:16 PM
To: Gutierrez, Jose; Eolas
Cc: EOLAS; Nicole Sandone; Josh Thane; Shawn Latchford; Leah B. Buratti
Subject: RE: EOLAS v. Adobe et al. - YAHOO Production
Jose/Jennifer/Ed -

Please immediately provide custodian information for this code production, as well as all
of the recent code productions (i.e. all of those made in the last 30 days by Yahoo or
under the "PA NAT" production prefix). I've asked for this information repeatedly, and my
requests have largely been ignored.

Thank you.

________________________________
From: Gutierrez, Jose [[e-mail]]
Sent: Friday, January 20, 2012 7:30 PM
To: Eolas
Cc: EOLAS; [e-mail]; [e-mail]; [e-mail]
Subject: EOLAS v. Adobe et al. - YAHOO Production
Counsel,
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In the below listed ftp site, within the Yahoo section please find Yahoo!'s most recent
production (YAHOO-E073.rar).
ftp://lssftp.weil.com<ftp://lssftp.weil.com/>
Username: 42805_0022_opposing
Password: &uyU7u
Best,
Jose
[Description: Description: cid:image001.jpg@01CC4646.5211E020]
José Gutiérrez, Jr.
Paralegal
Weil, Gotshal & Manges LLP
201 Redwood Shores Parkway
Redwood Shores, CA 94065-1134
[e-mail]<mailto:[e-mail]>
[phone] Direct
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