Eolas Technologies Incorporated v. Adobe Systems Incorporated et al

Filing 600

***FILED IN ERROR. SEE DOCUMENT 601 FOR CORRECT PLEADING*** MOTION to Compel PRODUCTION OF SOURCE CODE FROM GO DADDY by Eolas Technologies Incorporated. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I, # 10 Exhibit J, # 11 Exhibit K, # 12 Text of Proposed Order)(McKool, Mike) Modified on 3/17/2011 (mll, ).

Eolas Technologies Incorporated v. Adobe Systems Incorporated et al

Doc. 600 Att. 8

Exhibit H

Dockets.Justia.com

Untitled Document Matt Rappaport
From: Sent: To: Cc: Scott, Thank you for your call this afternoon. I understand from our call today that CDW is producing an additional 1371 complete versions of source code ("ASP code") for Eolas' inspection. These 1371 versions represent the versions of the accused site as they existed for each weekday over the period Oct.1 2003 through Dec. 30 2008. I understand that the directory structure of this code will indicate the date which the code corresponds to. For the already produced code that CDW has made available ("ASP.net code"), CDW will provide information on the dates that this code corresponds to. I understand you will provide this information once it is available, and expect to do so before Eolas' code inspection on Thurs March 3. As discussed, Eolas' source code reviewers will be on-site to conduct their inspection on March 3. Eolas' reviewers expect that they will continue their review on March 4. Regards, Matt Matt Rappaport Tuesday, March 01, 2011 4:01 PM Matt Rappaport; 'Scott A. Sanderson' 'eolas'

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Subject: RE: Eolas Tech., Inc. v. Adobe Systems, Inc. et al., Case No. 6:09-cv-446 (E.D. Tex.)

From: Matt Rappaport Sent: Monday, February 28, 2011 3:12 PM To: Matt Rappaport; 'Scott A. Sanderson' Cc: 'eolas' Subject: RE: Eolas Tech., Inc. v. Adobe Systems, Inc. et al., Case No. 6:09-cv-446 (E.D. Tex.) Scott, We have yet to hear from you regarding the number of builds that it will be making available for Eolas' upcoming source code inspection. We expected to have received this information last week, per our phone call last Tuesday. Having not received this information, Eolas plans to conduct its inspection on March 3-4. Though CDW has not provided the number of builds that will be produced as was discussed, Eolas still understands that CDW will provide the dates that each produced build corresponds to, prior to (or upon) this week's source code inspection. Thank you, Matt

From: Matt Rappaport Sent: Tuesday, February 22, 2011 6:38 PM To: Matt Rappaport; 'Scott A. Sanderson' Cc: 'eolas' Subject: RE: Eolas Tech., Inc. v. Adobe Systems, Inc. et al., Case No. 6:09-cv-446 (E.D. Tex.)

3/7/2011

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Scott,

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Thanks for your call today. As I understand from our call, CDW will not have all versions of its source code ready for inspection on Eolas' originally noticed date of inspection -- Feb. 24, 2011. Rather, CDW stated that it will produce all versions ("builds") of its code throughout the damages period for inspection on March 3, 2011. Also, per our conversation, I understand CDW will provide Eolas with information on the number of builds that it will be making available for inspection by the end of the week. After receiving this information Eolas will determine whether the inspection of CDW's code should proceed over the course of more than one day. I understand CDW remains flexible in this regard. Thank you. Also, you suggested that CDW will provide an index which states the dates that each produced build corresponds to. Eolas has requested CDW provide this information in advance of the March 3 inspection. I understand you will evaluate whether you can provide this information in advance, but CDW will in any event provide this information to Eolas at the time of the March 3 inspection. Please let me know if you have a different understanding of any aspect of our conversation. Best, Matt

From: Matt Rappaport Sent: Saturday, February 19, 2011 11:17 AM To: 'Scott A. Sanderson' Cc: eolas Subject: RE: Eolas Tech., Inc. v. Adobe Systems, Inc. et al., Case No. 6:09-cv-446 (E.D. Tex.) Thanks Scott, We look forward to hearing from you next week. As expressed in our call, if CDW does not produce all of the code requested in my Dec 29, 2010 letter for our Feb 24, 2011 inspection (including the ASP legacy code you reference), CDW will be in violation of section 13(a) of the protective order, which provides a 21 day period for the production of such requested code. Furthermore, as discussed, we will look for CDW to state the time period over which each produced version of the code is to be considered representative. Regards, Matt

From: Scott A. Sanderson [mailto:[e-mail]] Sent: Friday, February 18, 2011 4:53 PM To: Matt Rappaport Cc: eolas Subject: RE: Eolas Tech., Inc. v. Adobe Systems, Inc. et al., Case No. 6:09-cv-446 (E.D. Tex.)

Matt, I am writing to confirm our telephone conversation this afternoon. As we discussed, CDW is collecting and preparing source code versions from the legacy ASP code base covering the period October, 2003 to January, 2008. We expect to provide these code versions to Eolas in accordance with Section 13 of the protective order. Because we are not confident that the ASP code will be ready for your review by your requested date of Feb. 24, I will contact you early next week to confirm the availability date of the ASP code supplement at the offices of Findlay Craft. Finally, I am confirming that the Notepad++ source code editor will be installed on the review computer in advance of your review. If your

3/7/2011

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experts require any additional software tools, they will be permitted to be installed as needed.

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Scott A. Sanderson Marshall, Gerstein & Borun LLP 233 South Wacker Drive 6300 Willis Tower Chicago, IL 60606-6357 Direct: [phone] Mobile: [phone] Firm: [phone] Fax: [phone] [e-mail] www.marshallip.com The material in this transmission may contain confidential information. If you are not the intended recipient, any disclosure or use of this information by you is strictly prohibited. If you have received this transmission in error, please delete it, destroy all copies and notify Marshall, Gerstein & Borun LLP by return e-mail or by telephone at [phone]. Thank you.

3/7/2011