Eolas Technologies Incorporated v. Adobe Systems Incorporated et al

Filing 357

RESPONSE to 351 DEFENDANTS' NOTICE OF SUPPLEMENTAL AUTHORITY IN SUPPORT OF TRANSFER TO THE NORTHERN DISTRICT OF CALIFORNIA by Eolas Technologies Incorporated. (McKool, Mike) Modified on 7/12/2010 (kls, ).

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TEXAS TYLER DIVISION Eolas Technologies Incorporated, Plaintiff, vs. Adobe Systems Inc., Amazon.com, Inc., Apple Inc., Blockbuster Inc., CDW Corp., Citigroup Inc., eBay Inc., Frito-Lay, Inc., The Go Daddy Group, Inc., Google Inc., J.C. Penney Company, Inc., JPMorgan Chase & Co., New Frontier Media, Inc., Office Depot, Inc., Perot Systems Corp., Playboy Enterprises International, Inc., Rent-A-Center, Inc., Staples, Inc., Sun Microsystems Inc., Texas Instruments Inc., Yahoo! Inc., and YouTube, LLC Defendants. § § § § § § § § § § § § § § § § § § § §

Civil Action No. 6:09-cv-446

JURY TRIAL

PLAINTIFF EOLAS' RESPONSE TO DEFENDANTS' NOTICE OF SUPPLEMENTAL AUTHORITY IN SUPPORT OF TRANSFER

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Defendants submitted In re Zimmer Holdings, Inc, Misc. Docket No. 938 (Fed. Cir. June 24, 2010) ("Zimmer"), in support of their Motion to Transfer, see Dkt. 351 ("Motion"), but Zimmer does not support Defendants' Motion. The transfer analysis is highly factual and the differences between Zimmer and this case render Zimmer distinguishable. For example: MedIdea (the Zimmer plaintiff) did not conduct business in Texas. Zimmer at 6. Eolas, however, conducts business from its Tyler, Texas office. Dkt. 291 at 1-2. MedIdea was incorporated in Michigan, adjacent to Indiana, the transferee forum. Zimmer at 6. Eolas is incorporated in Texas and its corporate office is located in Tyler, Texas. Dkt. 291 at 2. MedIdea maintained an office in Michigan, close to the transferee forum. Zimmer at 6. Eolas maintains its only office in Texas and does not maintain any office in or near California. Dkt. 291 at 2. MedIdea had no employees, product development or testing in Texas. Zimmer at 6. Eolas has employees in Texas that test and develop Eolas products. Dkt. 291 at 1-2. Zimmer involved a single defendant located in the transferee forum. Zimmer at 2-3. This case involves over twenty defendants located throughout the country, including many in Texas. Dkt. 291 at 1. The relevant evidence in Zimmer was located in Indiana and Michigan--in, or adjacent to, the transferee forum. Zimmer at 3, 6-7. The relevant evidence in this case exists throughout the country, including in Texas. Dkt. 291 at 3-12. Given the factual dissimilarities, Zimmer does not support Defendants' Motion.

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Dated: July 9, 2010.

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] Luke McLeroy Texas State Bar No. 24041455 [e-mail] MCKOOL SMITH, P.C. 300 Crescent Court, Suite 1500 Dallas, Texas 75201 Telephone: [phone] Telecopier: [phone] Sam F. Baxter Texas State Bar No. 01938000 [e-mail] MCKOOL SMITH, P.C. 104 E. Houston St., Ste. 300 P.O. Box O Marshall, Texas 75670 Telephone: [phone] Telecopier: [phone] Kevin L. Burgess Texas State Bar No. 24006927 [e-mail] Steven J. Pollinger Texas State Bar No. 24011919 [e-mail] Josh W. Budwin Texas State Bar No. 24050347 [e-mail] MCKOOL SMITH, P.C. 300 West Sixth Street, Suite 1700 Austin, Texas 78701 Telephone: [phone] Telecopier: [phone] ATTORNEYS FOR PLAINTIFF EOLAS TECHNOLOGIES, INC.

CERTIFICATE OF SERVICE The undersigned certifies that true and correct copies of the foregoing document were served via email to all counsel of record. /s/ Josh Budwin Josh Budwin