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)

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EXHIBIT 6 From: Sent: To: Cc: Subject: Josh Thane [jthane@haltomdoan.com] 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:jbudwin@McKoolSmith.com] 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 [jose.gutierrez@weil.com] Sent: Friday, January 20, 2012 7:30 PM To: Eolas Cc: EOLAS; nsandone@haltomdoan.com; jthane@haltomdoan.com; SLatchford@haltomdoan.com Subject: EOLAS v. Adobe et al. - YAHOO Production Counsel, 1 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 jose.gutierrez@weil.com<mailto:jose.gutierrez@weil.com> +1 650 802 3225 Direct +1 650 802 3100 Fax ________________________________ The information contained in this email message is intended only for use of the individual or entity named above. If the reader of this message is not the intended recipient, or the employee or agent responsible to deliver it to the intended recipient, you are hereby notified that any dissemination, distribution or copying of this communication is strictly prohibited. If you have received this communication in error, please immediately notify us by email, postmaster@weil.com, and destroy the original message. Thank you. 2

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