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. 2

Exhibit 1

Dockets.Justia.com

MCKOOL SMITH
A PROFESSIONAL CORPORATION · ATTORNEYS

Matt Rappaport Direct Dial: [phone] [e-mail]

300 West 6th Street Suite 1700 Austin, Texas 78701

Telephone: [phone] Telecopier: [phone]

August 13, 2010

VIA EMAIL Christopher C. Carnaval King & Spalding, LLP 1185 Avenue of the Americas New York, NY 10036 RE: Eolas Technologies Incorporated v. Adobe Systems, Inc., et. al; Civil Action No. 6:09-CV-00446-LED; United District Court of Texas; Eastern District. Production of Source Code

Dear Chris: Thank you for your letter of July 12, 2010 accompanying Google and YouTube's (hereinafter collectively "Google") open source code production. As Mr. Weingaertner points out in his letter of August 6, 2010 (hereinafter "your August 6 letter"), Eolas has accused several Google products of infringement. Eolas requests Google produce the source code for the web applications found on the accused websites in its original (e.g., uncompressed and unobfuscated) form. This request includes the web sites and web applications which you recognize as accused products on page 7 of your August 6 letter (e.g., Google Chrome Browser, video.google.com, Google Gmail, Google Search Suggest functionality, Google Maps, etc). We note that, to the extent these accused products are publicly available, the client-side code can be accessed. However, this publicly-available code is compressed and obfuscated. As such, Eolas requests production of code in its original form. Furthermore, Eolas cannot access the server-side code for Google's websites or web applications, and requests production of such code in its original form as well. Per our correspondence of July 28, we are willing to work with you to identify representative versions of these products to assist in your production. Accordingly, please contact us at your earliest convenience to discuss this issue. In addition to the source code described above, please produce all documents related to Google's working relationship with Adobe with respect to integrating Adobe Flash into Google products.

August 13, 2010 Page 2 For example, Google and Adobe work hand-in-hand on browsers with built-in Flash for both desktop and mobile applications. As you know, Google and Adobe recently announced a joint effort so that "[w]hen users download Chrome [browser], they will also receive the latest version of Adobe Flash Player. There will be no need to install Flash Player separately." http://blog.chromium.org/2010/03/bringing-improved-support-for-adobe.html. There is a similar partnership with respect to mobile applications. See Dkt. 375, Ex. 4 at 2 (stating "So that's why the partnership that we [Adobe] have with Qualcomm, HTC, and Google to deliver a great experience with Flash Player 10.1 on the Nexus one is so important."). If you have any questions regarding this letter, please contact me. Regards,

Matt Rappaport cc: Scott T. Weingaertner Robert F. Perry Mark H. Francis Michael E. Jones Allen F. Gardner [e-mail] [e-mail] [e-mail] [e-mail]

Austin 61846v1