Eolas Technologies Incorporated v. Adobe Systems Incorporated et al

Filing 1364

Joint MOTION to Dismiss BETWEEN EOLAS TECHNOLOGIES INCORPORATED, THE REGENTS OF THE UNIVERSITY OF CALIFORNIA AND CDW CORPORATION by Eolas Technologies Incorporated, The Regents of the University of California. (Attachments: # 1 Text of Proposed Order)(McKool, Mike)

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF TEXAS
TYLER DIVISION
EOLAS TECHNOLOGIES
§
INCORPORATED and THE REGENTS
§
OF THE UNIVERSITY OF CALIFORNIA §
§
Plaintiffs,
§
§
vs.
§
§
ADOBE SYSTEMS INC., AMAZON.COM §
INC., CDW CORPORATION, CITIGROUP §
INC., THE GO DADDY GROUP, INC.,
§
GOOGLE INC., J.C. PENNEY
§
CORPORATION, INC., STAPLES, INC.,
§
YAHOO! INC., and YOUTUBE, LLC.,
§
§
Defendants.
§

CASE NO. 6:09-CV-00446-LED

JURY TRIAL

JOINT MOTION TO DISMISS BETWEEN EOLAS TECHNOLOGIES
INCORPORATED, THE REGENTS OF THE UNIVERSITY OF CALIFORNIA AND
CDW CORPORATION
Plaintiffs Eolas Technologies Incorporated (“Eolas”) and The Regents of the
University of California (“The Regents”) on the one hand, and Defendant, CDW
Corporation (“CDW”)1 on the other hand, each acting through their duly authorized
undersigned counsel of record, hereby move that all claims by Eolas and The Regents
against CDW, and all claims by CDW against Eolas and The Regents in this action be
hereby dismissed with prejudice, and that an order granting this dismissal to this effect may
be entered forthwith. Each of the aforementioned parties shall bear its own costs and
attorneys’ fees with respect to these claims.
1

On December 31, 2009, “CDW Corporation” merged into CDWC LLC, an
Illinois limited liability company, and the name of CDWC LLC was changed to “CDW
LLC” as of that date.

Dated: March 6, 2012
MARSHALL, GERSTEIN & BORUN
LLP
/s/ Thomas L. Duston
Thomas L. Duston
LEAD ATTORNEY
[e-mail]
Scott A. Sanderson
[e-mail]
John Labbe
[e-mail]
Julianne M. Hartzell
[e-mail]
Marshall, Gerstein & Borun LLP
6300 Willis Tower
233 South Wacker Drive
Chicago, IL 60606-6357
Telephone: [phone]
Facsimile: [phone]

MCKOOL SMITH, P.C.
/s/ Mike McKool
Mike McKool
Lead Attorney
Texas State Bar No. 13732100
[e-mail]
Douglas Cawley
Texas State Bar No. 04035500
[e-mail]
Holly Engelmann
Texas State Bar No. 24040865
[e-mail]
J.R. Johnson
Texas State Bar No. 24070000
[e-mail]
MCKOOL SMITH, P.C.
300 Crescent Court, Suite 1500
Dallas, Texas 75201
Telephone: [phone]
Telecopier: [phone]

Eric H. Findlay
[e-mail]
Brian Craft
[e-mail]
Findlay Craft, LLP
6760 Old Jacksonville Highway
Suite 101
Tyler, TX 75703
Telephone: [phone]
Facsimile: [phone]

Kevin L. Burgess
Texas State Bar No. 24006927
[e-mail]
Josh W. Budwin
Texas State Bar No. 24050347
[e-mail]
Gretchen K. Curran
Texas State Bar No. 24055979
[e-mail]
Matthew B. Rappaport
Texas State Bar No. 24070472
[e-mail]
MCKOOL SMITH, P.C.
300 West Sixth Street, Suite 1700
Austin, Texas 78701
Telephone: [phone]
Telecopier: [phone]

ATTORNEYS FOR DEFENDANT AND
COUNTERCLAIMANT CDW LLC

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Robert M. Parker
Texas State Bar No. 15498000
[e-mail]
Robert Christopher Bunt
Texas Bar No. 00787165
[e-mail]
Andrew T. Gorham
Texas State Bar No. 24012715
[e-mail]
PARKER, BUNT & AINSWORTH, P.C.
100 E. Ferguson, Suite 1114
Tyler, Texas 75702
[phone]
[phone]- Facsimile
ATTORNEYS FOR PLAINTIFFS
EOLAS TECHNOLOGIES
INCORPORATED AND THE REGENTS
OF THE UNIVERSITY OF
CALIFORNIA

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CERTIFICATE OF CONFERENCE
I, John B. Campbell, have conferred with Thomas Duston regarding this motion and
counsel for CDW is in agreement. Accordingly, this is a joint motion.

/s/ John B. Campbell
John B. Campbell

CERTIFICATE OF SERVICE
The undersigned certifies that the foregoing document was filed electronically in
compliance with Local Rule CV-5(a). As such, this document was served on all counsel
who have consented to electronic services on March 6, 2012. Local Rule CV-5(a))3)(A).
/s/ John B. Campbell
John B. Campbell

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