Eolas Technologies Incorporated v. Adobe Systems Incorporated et al

Filing 1329

RESPONSE in Opposition re 1317 Emergency MOTION to Strike DEFENDANTS' LATE-PRODUCED DOCUMENTS, VIDEO DEMONSTRATIONS, SOURCE CODE AND PREVIOUSLY UNIDENTIFIED PRIOR ART filed by Amazon.com Inc., Yahoo! Inc.. (Attachments: # 1 Declaration Of Andrew L. Perito In Support Of Opposition, # 2 Exhibit Exhibit A, # 3 Exhibit Exhibit B, # 4 Exhibit Exhibit C, # 5 Exhibit Exhibit D, # 6 Declaration Of Scott Walker In Support of Opposition)(Doan, Jennifer)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF TEXAS
TYLER DIVISION
)
)
)
)
)
Plaintiffs and Counterdefendants,
)
)
vs.
)
Adobe Systems Inc.; Amazon.com, Inc.; CDW Corp.; )
)
Citigroup Inc.; The Go Daddy Group, Inc.; Google
)
Inc.; J.C. Penney Corporation, Inc.; Staples, Inc.;
)
Yahoo! Inc.; and YouTube, LLC,
)
)
Defendants and Counterclaimants.
)
)
)
)
)

Eolas Technologies Incorporated and
The Regents Of The University Of California,

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

JURY TRIAL DEMANDED

DECLARATION OF ANDREW L. PERITO IN SUPPORT OF OPPOSITION TO
PLAINTIFFS’ EMERGENCY MOTION TO STRIKE DEFENDANTS’ LATEPRODUCED DOCUMENTS, VIDEO DEMONSTRATIVES, SOURCE CODE AND
PREVIOUSLY UNIDENTIFIED PRIOR ART [DKT. 1317]

I, Andrew L. Perito, hereby declare:
1.

I am an attorney with the law firm of Weil, Gotshal & Manges LLP, counsel of

record for Amazon.com, Inc. and Yahoo!, Inc. in the above-captioned matter. I submit this
declaration based on personal knowledge following a reasonable investigation. If called upon
as a witness, I could competently testify to the truth of each statement herein.
2.

Attached hereto as Exhibit A is a true and correct copy of a letter from Josh

Budwin to all counsel of record for Defendants, dated January 23, 2012.
3.

Attached hereto as Exhibit B is a true and correct copy of an email from Andrew

Perito to Josh Budwin, dated February 3, 2012, sent at 3:05pm CT.
4.

Attached hereto as Exhibit C is a true and correct copy of an email from Andrew

Perito to Josh Budwin, dated February 3, 2012, sent at 4:10pm CT.
5.

Attached hereto as Exhibit D is a true and correct copy of an email from Josh

Budwin to Andrew Perito, dated February 4, 2012, sent at 3:42pm CT.
I declare under penalty of perjury under the laws of the United States of America that the
foregoing is true and correct.
Executed:

February 6, 2012

__/s/ Andrew L. Perito____________________
Andrew L. Perito
Attorney for Defendants Yahoo! Inc. and
Amazon.com, Inc.

1