Eolas Technologies Incorporated v. Adobe Systems Incorporated et al

Filing 1340

TRIAL BRIEF DEFENDANTS' OFFER OF PROOF #5 REGARDING PRIOR ART CODE AND DEMONSTRATIVE EXHIBITS by Adobe Systems Incorporated, Amazon.com Inc., Google Inc., J.C. Penney Corporation, Inc., Staples, Inc., The Go Daddy Group, Inc., Yahoo! Inc., YouTube, LLC. (Attachments: # 1 Declaration of Andrew L. Perito In Support Of, # 2 Exhibit Exhibit A, # 3 Exhibit Exhibit B, # 4 Exhibit Exhibit C, # 5 Exhibit Exhibit D, # 6 Exhibit Exhibit E, # 7 Exhibit Exhibit F, # 8 Exhibit Exhibit G)(Doan, Jennifer)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF TEXAS
TYLER DIVISION
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Plaintiffs and Counterdefendants,
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vs.
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Adobe Systems Inc.; Amazon.com, Inc.; CDW Corp.; )
Citigroup Inc.; The Go Daddy Group, Inc.; Google
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Inc.; J.C. Penney Corporation, Inc.; Staples, Inc.;
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Yahoo! Inc.; and YouTube, LLC,
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Defendants and Counterclaimants.
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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 DEFENDANTS’ OFFER
OF PROOF #5 REGARDING PRIOR ART CODE AND DEMONSTRATIVE EXHIBITS

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 in DVD format of

Defendants’ demonstrative videos VID00000012-17, 22, 26-27, and 29.
3.

Attached hereto as Exhibit B is a true and correct copy in CD format of JDX-273,

JDX-275, JDX-279.
4.

Attached hereto as Exhibit C is a true and correct copy of Defendants’

demonstrative images.
5.

Attached hereto as Exhibit D is a true and correct copy of Defendants’ complete

Proposed Video Designation Transcript Sections from Mr. Karl Jacob’s October 4, 2001 video
deposition.
6.

Attached hereto as Exhibit E is a true and correct copy in DVD format of video

clips from Mr. Karl Jacob’s October 4, 2001 video deposition associated with exhibit D.
7.

Attached hereto as Exhibit F is a true and correct copy of printouts of sections of

Viola source code (with associated demonstrative images illustrating how that code would have
appeared when run on contemporaneous machines built with contemporaneous operating
systems and other supporting software) from JDX-272.
8.

Attached hereto as Exhibit G is a true and correct copy of printouts of sections of

Viola source code (with associated demonstrative images illustrating how that code would have
appeared when run on contemporaneous machines built with contemporaneous operating
systems and other supporting software) from JDX-274.
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I declare under penalty of perjury under the laws of the United States of America that the
foregoing is true and correct.
Executed:

February 8, 2012

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

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