Eolas Technologies Incorporated v. Adobe Systems Incorporated et al

Filing 1381

Joint MOTION to Amend/Correct Post-Trial Deadline For Submission of Defendants' Bill of Costs by Amazon.com Inc., Eolas Technologies Incorporated, Google Inc., J.C. Penney Company, Inc., The Regents of the University of California, Yahoo! Inc., YouTube, LLC. (Attachments: # 1 Text of Proposed Order)(Thane, Joshua)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF TEXAS
TYLER DIVISION
EOLAS TECHNOLOGIES, INC. and
THE REGENTS OF THE UNIVERSITY
OF CALIFORNIA
Plaintiffs,
v.
ADOBE SYSTEMS, INC., ET AL.,
Defendants.

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CIVIL ACTION NO. 6:09-CV-446 (LED)

JOINT AGREED MOTION TO AMEND POST-TRIAL DEADLINE
FOR SUBMISSION OF DEFENDANTS’ BILL OF COSTS

Plaintiffs Eolas Technologies, Inc. and The Regents of the University of California, and
Defendants Amazon.com, Inc., Google, Inc., J.C. Penney Corp., Inc., Yahoo! Inc., and YouTube
LLC (collectively the “Defendants”) respectfully move to amend the post-trial deadline for
submission of Defendants’ Bill of Costs, as prescribed by FED. R. CIV. P. 54(d)(2)(B)(i) and
Local Rule CV-54(a) from March 30, 2012, to April 6, 2012.
The parties have exchanged various drafts of proposed recoverable costs and have
conducted several meet and confers as required by Local Rule CV-54(b). As a result of the meet
and confer process the Defendants have agreed to revise some of the proposed costs and to
further consider some of the positions taken by Plaintiffs. The parties believe that they should be
able to narrow the issues to be determined by the Court if provided additional time to meet and
confer and after additional review of each side’s proposal. Thus, the parties request additional
time for preparation and collaboration of the joint Bill of Costs.

JOINT AGREED MOTION TO AMEND POST-TRIAL DEADLINE – Page 1

This motion is not made for delay and should not impact any other deadline applicable to
this case.
For these reasons, Plaintiffs and Defendants jointly request that the Court extend the
deadline for submission of Defendants’ Bill of Costs from March 30, 2012, to April 6, 2012.

JOINT AGREED MOTION TO AMEND POST-TRIAL DEADLINE – Page 2

Respectfully submitted,
/s/ Josh W. Budwin (w/ permission)
Mike McKool
Lead Attorney
Texas State Bar No. 13732100
[e-mail]
Douglas Cawley
Texas State Bar No. 04035500
[e-mail]
McKool Smith, P.C.
300 Crescent Court, Suite 1500
Dallas, Texas 75201
Telephone: [phone]
Telecopier: [phone]
Kevin L. Burgess
Texas State Bar No. 24006927
[e-mail]
John B. Campbell
Texas State Bar No. 24036314
[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]

s/ Joshua R. Thane
Jennifer H. Doan
Texas Bar No. 08809050
Joshua R. Thane
Texas Bar No. 24060713
Shawn A. Latchford
Texas Bar No. 24066603
Haltom & Doan
Crown Executive Center, Suite 100
6500 Summerhill Road
Texarkana, TX 75503
Telephone: [phone]
Facsimile: [phone]
Email: [e-mail]
Email: [e-mail]
Email: [e-mail]
Jared Bobrow
Edward R. Reines
Sonal N. Mehta
Aaron Y. Huang
Andrew L. Perito
WEIL, GOTSHAL & MANGES LLP
201 Redwood Shores Parkway
Redwood Shores, CA 94065
Telephone: [phone]
Facsimile: [phone]
Email: [e-mail]
Email: [e-mail]
Email: [e-mail]
Email: [e-mail]
Email: [e-mail]
ATTORNEYS FOR DEFENDANTS
AMAZON.COM, INC. AND YAHOO! INC.

ATTORNEYS FOR PLAINTIFF
EOLAS TECHNOLOGIES, INC. AND THE
/s/ Brandon Stroy (w/ permission)
REGENTS OF THE UNIVERSITY OF
James R. Batchelder (pro hac vice)
CALIFORNIA
[e-mail]
Sasha G. Rao (pro hac vice)
[e-mail]
Mark D. Rowland
[e-mail]

JOINT AGREED MOTION TO AMEND POST-TRIAL DEADLINE – Page 3

Brandon Stroy (pro hac vice)
[e-mail]
Lauren N Robinson (pro hac vice)
[e-mail]
Rebecca R. Hermes (pro hac vice)
[e-mail]
Han Xu (pro hac vice)
[e-mail]
ROPES & GRAY LLP
1900 University Avenue, 6th Floor
East Palo Alto, California 94303-2284
Telephone: [phone]
Facsimile: [phone]
Michael E. Jones (Bar No. 10929400)
[e-mail]
Allen F. Gardner (Bar No. 24043679)
[e-mail]
POTTER MINTON
A Professional Corporation
110 N. College, Suite 500
Tyler, TX 75702
Telephone: [phone]
Facsimile: [phone]
ATTORNEYS FOR DEFENDANT
GOOGLE INC. AND YOUTUBE, LLC

s/ Christopher M. Joe (w/ permission)
Jeffrey K. Joyner (pro hac vice)
[e-mail]
Jeffrey F. Yee (pro hac vice)
[e-mail]
GREENBERG TRAURIG LLP
2450 Colorado Avenue, Suite 400E
Santa Monica, CA 90404
Telephone: [phone]
Facsimile: [phone]

JOINT AGREED MOTION TO AMEND POST-TRIAL DEADLINE – Page 4

Christopher M. Joe (Bar No. 00787770)
[e-mail]
Brian Carpenter (Bar No. 03840600)
[e-mail]
Eric W. Buether (Bar No. 03316880)
[e-mail]
BUETHER JOE & CARPENTER, LLC
1700 Pacific, Suite 2390
Dallas, TX 75201
Telephone: [phone]
Facsimile: [phone]
ATTORNEYS FOR DEFENDANT
J.C. PENNEY CORPORATION
CERTIFICATE OF SERVICE
The undersigned certifies that the foregoing document was filed electronically in
compliance with Local Rule CV-5(a). All other counsel of record not deemed to have consented
to electronic service were served with a true and correct copy of the foregoing by certified mail,
return receipt requested, on this the 28th day of March 2012.

/s/Joshua R. Thane
Joshua R. Thane

CERTIFICATE OF CONFERENCE
Counsel for Plaintiffs and Defendants held a meet and confer on March 27, 2012
regarding the aforementioned motion, and the requested relief is agreed by all parties.
/s/Joshua R. Thane
Joshua R. Thane

JOINT AGREED MOTION TO AMEND POST-TRIAL DEADLINE – Page 5