Eolas Technologies Incorporated v. Adobe Systems Incorporated et al
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 HALTOM DOAN IN SUPPORT OF, # 2 DECLARATION OF ANDREW L. PERITO IN SUPPORT OF, # 3 Exhibit A, # 4 Exhibit B, # 5 Exhibit C, # 6 Exhibit D, # 7 Exhibit E, # 8 Exhibit F, # 9 Exhibit G, # 10 Exhibit H, # 11 Exhibit I, # 12 Exhibit J, # 13 Exhibit K, # 14 Exhibit L)(Doan, Jennifer)
UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF TEXAS
EOLAS TECHNOLOGIES, INC.
CV 6:09-cv-446 LED
ADOBE SYSTEMS INC., et al.
DECLARATION OF JENNIFER HALTOM DOAN IN SUPPORT OF DEFENDANTS’
OFFER OF PROOF REGARDING TIME LIMITATION FOR INVALIDITY TRIAL
I, Jennifer Haltom Doan, hereby declare:
I am an attorney with the law firm of Haltom & Doan and co-lead counsel 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.
I served as the lead attorney for Amazon and Yahoo! in the Invalidity Trial held
from February 6-9, 2012 in the above-captioned matter.
As a result of the 7-hour time limitation for the Invalidity Trial, Defendants were
forced to altogether drop expert support for invalidity theories they would have otherwise
presented in the context of the Invalidity Trial and which at least some of the Defendants
believed deserved greater priority. For example, as a result of the significant time constraints,
Defendants were forced to omit their expert testimony and explanation for the jury on their
written description defenses which resulted in the Court granting judgment as a matter of law
against Defendants on their written description defenses during the charge conference earlier this
evening. Defendants were also forced to drop a number of invalidity theories including inter alia
theories relating to the combination of Mosaic, HTML+ and the Janssen www-talk posting, the
combination of Mosaic, Hypercard and Director, and the Cohen reference. Defendants were also
forced to submit their inequitable conduct theories without presenting additional testimony and
evidence relating to that issue for the Court’s consideration of this equitable defense. For those
theories that were presented, Defendants were required to significantly curtail their presentation
of evidence and testimony on invalidity defenses under 35 U.S.C. § 102(a), (b) and (g), and §
103 on multiple references including Viola, MediaView, Mosaic and HTML+. For example, as
described in more detail in the Offer of Proof submitted concurrently herewith, Defendants were
forced to cut a number of witnesses from their trial presentation:
Nicholas Godici, who present at the trial and sworn in as a witness, but was not
called due to time constraints;
Dale Dougherty, who was present at the trial and sworn in as a witness, but was
not called due to time constraints.
David Filo, who was present at the trial and sworn in as a witness, but was not
called due to time constraints.
Christopher McRae, whose deposition testimony Defendants designated and
intended to play at trial, but could not offer due to time constraints.
Sunita Rajdev, whose deposition testimony Defendants designated and intended
to play at trial, but could not offer due to time constraints.
Defendants also were unable to introduce deposition testimony of other
unavailable witnesses whose testimony was designated and had to significantly curtail
counterdesignations to Plaintiffs’ designated testimony due to time constraints. Over the course
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of trial, Defendants were forced to make numerous cuts to their designations and
counterdesignations as a result of the time limit.
Defendants were required to significantly curtail direct and cross-examination of
witnesses that did testify at trial including Michael Doyle, Eric Bina, Tim Berners-Lee, David
Raggett, Scott Silvey, Pei Wei, Dr. Richard Phillips, Dr. David M. Martin, William Tucker,
David C. Martin and Cheong Ang. Throughout trial, Defendants repeatedly revised their direct
and cross examination plans due to time constraints. This required that Defendants not elicit
certain testimony from these individuals further supporting Defendants’ invalidity and related
defenses, unduly prejudicing Defendants’ ability to fully present their case.
Due to time constraints, Defendants were only able to present their rebuttal case
for 9 minutes, unfairly prejudicing Defendants’ ability to fully rebut Plaintiffs’ presentation of its
case. Had Defendants had more time, they would have offered testimony including of the
individuals identified in Paragraphs 2(a)-2(f) above.
I declare under the penalty of perjury under the laws of the United States of America that
the foregoing is true and correct. Executed this 8th day of February, 2012.
Jennifer H. Doan
Jennifer H. Doan
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