Eolas Technologies Incorporated v. Adobe Systems Incorporated et al

Filing 1341

PLEASE IGNORE. FILED IN ERROR. CORRECTED DOCUMENT REFILED AT DE 1342. PLEASE IGNORE. TRIAL BRIEF DEFENDANTS' OFFER OF PROOF REGARDING TIME LIMITATION FOR INVALIDITY TRIAL by Adobe Systems Incorporated, Amazon.com Inc., CDW Corporation, Google Inc., J.C. Penney Corporation, Inc., Staples, Inc., The Go Daddy Group, Inc., Yahoo! Inc., YouTube, LLC. (Attachments: # 1 Declaration of Jennifer H. Doan, # 2 Declaration of Andrew L. Perito, # 3 Exhibit Exhibit A, # 4 Exhibit Exhibit B, # 5 Exhibit Exhibit C, # 6 Exhibit Exhibit D, # 7 Exhibit Exhibit E, # 8 Exhibit Exhibit F, # 9 Exhibit Exhibit G, # 10 Exhibit Exhibit H, # 11 Exhibit Exhibit I, # 12 Exhibit Exhibit J, # 13 Exhibit Exhibit K, # 14 Exhibit Exhibit L)(Doan, Jennifer) Modified on 2/9/2012 (leh, ).

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 DEFENDANTS’ OFFER
OF PROOF REGARDING TIME LIMITATION FOR INVALIDITY TRIAL

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 the trial transcript from

the February 7, 2012 morning session.
3.

Attached hereto as Exhibit B is a true and correct copy of trial transcript from the

February 6, 2012 afternoon session.
4.

Attached hereto as Exhibit C is a true and correct copy of the Supplemental

Expert Report on Invalidity by Richard Phillips, dated October 27, 2011.

[Due to voluminous

file size this exhibit will be lodged with the Court]
5.

Attached hereto as Exhibit D is a true and correct copy of a CD containing the

video demonstrations attached to Appendix C to the Expert Report on Invalidity by Richard
Phillips, dated July 20, 2011.
6.

[Electronic media will be lodged with the Court]

Attached hereto as Exhibit E is a true and correct copy of the Expert Report of

Nicholas P. Godici, dated July 20, 2011.
7.

Attached hereto as Exhibit F is a true and correct copy of the Supplemental

Expert Report of Nicholas P. Godici, dated November 14, 2011.
8.

Attached hereto as Exhibit G is a true and correct copy of the Videotaped

Deposition transcript of Dale. E. Dougherty, taken on December 16, 2011.
9.

Attached hereto as Exhibit H is a true and correct copy of the Videotaped

Deposition transcript of David Filo, taken on November 29, 2011.

1

10.

Attached hereto as Exhibit I is a true and correct copy of the Videotaped

Deposition transcript of Christopher McRae, taken on September 19, 2011.
11.

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

designations of the deposition of Christopher McRae served by email on February 4, 2012.
12.

Attached hereto as Exhibit K is a true and correct copy of the Videotaped

Deposition transcript of Sunita Rajdev, taken on January 10, 2012.
13.

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

designations of the deposition of Sunita Rajdev served by email on February 4, 2012.
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.

2