Eolas Technologies Incorporated v. Adobe Systems Incorporated et al

Filing 1409

NOTICE by Eolas Technologies Incorporated, The Regents of the University of California re 1367 MOTION for Judgment as a Matter of Law UNDER RULE 50(b) THAT THE ASSERTED CLAIMS OF THE PATENTS-IN-SUIT ARE NOT INVALID, OR IN THE ALTERNATIVE FOR A NEW TRIAL UNDER RULE 59 MOTION for Judgment as a Matter of Law UNDER RULE 50(b) THAT THE ASSERTED CLAIMS OF THE PATENTS-IN-SUIT ARE NOT INVALID, OR IN THE ALTERNATIVE FOR A NEW TRIAL UNDER RULE 59 NOTICE OF SUPPLEMENTAL AUTHORITY (Attachments: # 1 Exhibit A)(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.,
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YAHOO! INC., and YOUTUBE, LLC.,
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§
Defendants.
§

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

JURY TRIAL

PLAINTIFFS’ NOTICE OF SUPPLEMENTAL AUTHORITY REGARDING
NONOBVIOUSNESS AND PLAINTIFFS’ RENEWED MOTION FOR JUDGMENT AS
A MATTER OF LAW UNDER RULE 50(b) THAT THE ASSERTED CLAIMS OF THE
PATENTS-IN-SUIT ARE NOT INVALID, OR IN THE ALTERNATIVE FOR A NEW
TRIAL UNDER RULE 59.

McKool 447027v2

On May 30, 2012, the Federal Circuit issued its opinion in Mintz v. Dietz & Watson, Inc.
The opinion is attached to this notice.
Mintz, authored by Chief Judge Rader, details the legal standards governing obviousness
determinations under 35 U.S.C. § 103 and, as such, is pertinent to Plaintiffs’ Renewed Motion
for Judgment as a Matter of Law Under Rule 50(b) that the Asserted Claims of the Patents-inSuit are not Invalid, or in the Alternative for a New Trial Under Rule 59 (dtk. 1367).

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Dated: May 30, 2012.

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]
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]
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]
J.R. Johnson
Texas State Bar No. 24070000
[e-mail]
MCKOOL SMITH, P.C.
300 West Sixth Street, Suite 1700
Austin, Texas 78701
Telephone: [phone]
Telecopier: [phone]

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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 PLAINTIFF
EOLAS TECHNOLOGIES INC.
AND THE REGENTS OF THE
UNIVERSITY OF CALIFORNIA

CERTIFICATE OF SERVICE
I hereby certify that a true and correct copy of the above and foregoing document has
been served on all counsel of record via the Court’s ECF system on May 30, 2012.
/s/ Josh Budwin
Josh Budwin

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