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)

EXHIBIT C

From:
Sent:
To:
Cc:
Subject:

Perito, Andrew
Friday, February 03, 2012 4:10 PM
Josh Budwin; [e-mail]
Kevin Burgess; Mehta, Sonal; Defendants-Eolas; Eolas
RE: Eolas: Defendants' demonstratives

Josh, we have code and machines available for inspection and can walk your technical team through the steps to
configure them in the same manner as for Videos 0012-18, 22, 26-27 and 29.
Best,
Andrew
-----Original Message----From: Josh Budwin [mailto:[e-mail]]
Sent: Friday, February 03, 2012 1:27 PM
To: Perito, Andrew; [e-mail]
Cc: Kevin Burgess; Mehta, Sonal; Defendants-Eolas; Eolas
Subject: RE: Eolas: Defendants' demonstratives
Andrew Please confirm that all of the machines will be configured in the same manner as VID 0001-0029.
Thank you.
-----Original Message----From: Perito, Andrew [mailto:[e-mail]]
Sent: Friday, February 03, 2012 3:05 PM
To: [e-mail]; Josh Budwin
Cc: Kevin Burgess; Mehta, Sonal; Defendants-Eolas
Subject: RE: Eolas: Defendants' demonstratives
Josh, we were able to work around the hardware problems we encountered last night during the inspection and have
the machines and code available for inspection now. Please let us know when your team would like to come by to
inspect. We can run the "ls -laRF /" command your technical staff requested as our technical staff walk them through
the steps used to run the demonstrations.
Best,
Andrew
Andrew Perito
Weil, Gotshal & Manges LLP
201 Redwood Shores Parkway
Redwood Shores, CA 94065-1134
[e-mail]
[phone] Direct
[phone] Fax
-----Original Message----1

From: Jennifer Doan [mailto:[e-mail]]
Sent: Friday, February 03, 2012 12:33 AM
To: 'Josh Budwin'
Cc: Kevin Burgess; Mehta, Sonal; Defendants-Eolas
Subject: RE: Eolas: Defendants' demonstratives
Thanks Josh -- Yes, as you know, apparently one of the computers failed while you were there. These are very delicate,
old machines. We are endeavoring to meet your requests and will advise in the morning. JD
-----Original Message----From: Josh Budwin [mailto:[e-mail]]
Sent: Thursday, February 02, 2012 9:31 PM
To: Jennifer Doan
Cc: Kevin Burgess; Sonal Mehta; Defendants-Eolas
Subject: RE: Eolas: Defendants' demonstratives
Jennifer At your invitation, we stopped by your office for an inspection tonight. And, contrary to your express representations,
not all of the code and machines shown in the videos were present. Our technical team also noted other serious
deficiencies which were explained to Sonal.
Please let us know immediately once the noted deficiencies are corrected and all of the machines and code are available
for inspection.
Thank you.
-----Original Message----From: Jennifer Doan [mailto:[e-mail]]
Sent: Thursday, February 02, 2012 6:33 PM
To: Josh Budwin
Cc: Kevin Burgess; Sonal Mehta; Defendants-Eolas
Subject: Re: Eolas: Defendants' demonstratives
Josh:
You should be able to access all of the code. Call me with any questions
Jennifer
Sent from my iPhone
On Feb 2, 2012, at 6:02 PM, "Josh Budwin" <[e-mail]> wrote:
> Jennifer>
> Is this running instances of ALL or just SOME of the newly produced material? As you're aware, the newly produced
material includes much more than just "the Viola code bases."
>
> Please provide a specific and detailed list of what is available for inspection and how this corresponds to each of the
recent productions.
>
2

> Thanks.
>
> -----Original Message----> From: Jennifer Doan [mailto:[e-mail]]
> Sent: Thursday, February 02, 2012 5:17 PM
> To: Josh Budwin; Kevin Burgess
> Cc: Sonal Mehta; Defendants-Eolas
> Subject: Eolas: Defendants' demonstratives
>
>
> Josh and Kevin:
>
> As I mentioned in our meet and confer this afternoon, we have set up 1992 Sun Sparc Stations in Tyler with the Viola
code bases, including the vplot code at issue in this case. I've confirmed those machines have been unpacked and are
up and running.
>
> You are welcome to inspect them to confirm the video demonstratives that we intend to introduce in this case. If you
wish to do so, please contact Sonal Mehta at 650.248.7319 and she will make arrange for you go get in the building etc.
>
> I'll be in Tyler tomorrow, if you wish to inspect them tomorrow,
> please just let me know. My cell is 903.278.7485
>
> Thanks much->
> Jennifer
>

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