Eolas Technologies Incorporated v. Adobe Systems Incorporated et al

Filing 393

NOTICE by Google Inc., YouTube, LLC re 367 Opposed MOTION Adobe Systems Incorporated's Opposed Motion Requesting Case Management Conference To Address Plaintiff Eolas's Infringement Contentions Or, In The Alternative, To Strike Those Contentions and Motion For Expedited Consideratio and Identification of Related Issues to be Addressed (Attachments: # 1 Declaration of M. Francis, # 2 Exhibit 1, # 3 Exhibit 2, # 4 Exhibit 3, # 5 Exhibit 4, # 6 Exhibit 5, # 7 Exhibit 6, # 8 Exhibit 7, # 9 Exhibit 8, # 10 Exhibit 9, # 11 Exhibit 10, # 12 Exhibit 11, # 13 Exhibit 12, # 14 Exhibit 13, # 15 Exhibit 14, # 16 Exhibit 15, # 17 Exhibit 16, # 18 Exhibit 17, # 19 Exhibit 18, # 20 Exhibit 19, # 21 Exhibit 20, # 22 Exhibit 21, # 23 Exhibit 22, # 24 Exhibit 23)(Jones, Michael)

Eolas Technologies Incorporated v. Adobe Systems Incorporated et al

Doc. 393 Att. 1

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TEXAS TYLER DIVISION EOLAS TECHNOLOGIES INCORPORATED, Plaintiff, v. ADOBE SYSTEMS INC., ET AL, Defendants. Hon. Leonard E. Davis JURY CASE NO. 6:09-cv-446

DECLARATION OF MARK H. FRANCIS IN SUPPORTOF THE GOOGLE INC. AND YOUTUBE, LLC NOTICE OF JOINDER TO ADOBE'S MOTION FOR CASE MANAGEMENT CONFERENCE AND IDENTIFICATION OF RELATED ISSUES TO BE ADDRESSED I, Mark H. Francis, declare as follows: 1. I am an attorney at King & Spalding LLP, 1185 Avenue of the Americas, New

York, New York, and I represent Defendants Google Inc. and YouTube, LLC (collectively "Google") in this action. I submit this Declaration in support of the Google Inc. and YouTube, LLC Notice of Joinder to Adobe's Motion for Case Management Conference and Identification of Related Issues to be Addressed. 2. Attached as Exhibit 1 is a true and correct copy of the August 13, 2010 letter from

Matt Rappaport to Christopher Carnaval. 3. Attached as Exhibit 2 is a true and correct copy of the July 12, 2010 letter from

Christopher Carnaval to Josh Budwin. 4. No. 5,838,906. Attached as Exhibit 3 is a true and correct copy of the claims from U.S. Patent

Dockets.Justia.com

5.

Attached as Exhibit 4 is a true and correct copy of pages 34 and 35 of the Eolas

infringement contention claim chart served upon Google on March 9, 2010 and entitled Claim Chart For Google Showing Infringement Of The `985 Patent By Google Adsense (and Doubleclick) ("the Adsense `985 claim chart"). 6. Attached as Exhibit 5 is a true and correct copy of pages 34, 35 and 38 of the

Adsense `985 claim chart. 7. Attached as Exhibit 6 is a true and correct copy of pages 47­49 of the Adsense

`985 claim chart. 8. Attached as Exhibit 7 is a true and correct copy of pages 25­28 of the Eolas

infringement contention claim chart served upon Google on March 9, 2010 and entitled Claim Chart For YouTube Showing Infringement Of The '906 Patent By website www.youtube.com ("the YouTube `906 claim chart"). 9. Attached as Exhibit 8 is a true and correct copy of excerpts from a public

technical document entitled Adobe Flash Player 10.1 Administration Guide, from Adobe's website at http://www.adobe.com/devnet/flashplayer/articles/flash_player_admin_guide.html. 10. Attached as Exhibit 9 is a true and correct copy of a public technical document

entitled WebCore Rendering I - The Basics, produced to Eolas as KS_GOOGLE_000058045807, from WebKit's website at http://webkit.org/blog/114/webcore-rendering-i-the-basics/. 11. Attached as Exhibit 10 is a true and correct copy of a public technical document

entitled V8 JavaScript Engine from Google's website at http://code.google.com/apis/v8/intro.html. 12. Attached as Exhibit 11 is a true and correct copy of the March 5, 2010 letter from

Josh Budwin to Christopher Carnaval enclosing Eolas' P.R. 3-1 and 3-2 disclosures. 13. Attached as Exhibit 12 is a true and correct copy of the Google Chrome webpage

at http://www.google.com/chrome/.

2

14.

Attached as Exhibit 13 is a true and correct copy of the Android webpage at

http://source.android.com/. 15. Attached as Exhibit 14 is a true and correct copy of pages 1­4 of the Eolas

infringement contention claim chart served upon Google on March 9, 2010 and entitled Claim Chart For Google Showing Infringement Of The `906 Patent By The Google Nexus One And Google Android for Mobile (and other) Devices ("the Android `906 claim chart"). 16. Attached as Exhibit 15 is a true and correct copy of the June 24, 2009 press

release from Adobe entitled Adobe and HTC Bring Flash Platform to Android, available at http://www.adobe.com/aboutadobe/pressroom/pressreleases/200906/062409AdobeandHTCBring FlashPlatformtoAndroid.html. 17. Attached as Exhibit 16 is a true and correct copy of the August 23, 2010 letter

from Douglas Cawley to counsel for Defendants' in this action. 18. Attached as Exhibit 17 is a true and correct copy of excerpts from the Wikipedia

article entitled Usage share of