Eolas Technologies Incorporated v. Adobe Systems Incorporated et al
Filing
647
RESPONSE in Opposition re 634 MOTION FOR LEAVE TO SUPPLEMENT INFRINGEMENT CONTENTIONS FOR ANDROID 3.0 filed by Google Inc.. (Attachments: # 1 Exhibit 1 - Google on Android YouTube Blog, # 2 Exhibit 2 - Email from Eolas re contentions, # 3 Exhibit 3 - Alt v. Medtronic, # 4 Exhibit 4 - Sybase v. Vertica, # 5 Text of Proposed Order)(Jones, Michael)
Exhibit 2
Van Hoven, Joshua
From:
Sent:
To:
Cc:
Subject:
Josh Budwin [jbudwin@McKoolSmith.com]
Tuesday, April 05, 2011 11:56 AM
Francis, Mark; Matt Rappaport
Eolas; Google-Eolas; Ropes Google Group
RE: Eolas - Google Browser and YouTube Player for Android 3.0 Operating System
Mark ‐
Your email did not address our queries. Are you available for a brief call on Friday
morning? We want to make sure that we are not talking past each other.
I am unsure what you mean by "Google Browser." As you are no doubt aware, our inital
infringement contentions for Android included screenshots and allegations against the browser
within Android. Is it your contention that the browser of Android is not, and has never been
in the case? If so, why?
As for the YouTube player, as you are no doubt aware, this is a new feature that Google has
recently started including with its Android OS. In any event, the YouTube player for Android
3.0 was released within a few days of the contentions we served.
Please let us know your availability on Friday morning.
Thanks.
"Francis, Mark" wrote:
Matt,
I believe Google's letter explained our position. Android as a product is already at issue
in this case and there is no reason why Eolas could not have identified the Google Browser
and YouTube Player in its initial infringement contention claim charts. Google therefore
opposes Eolas's attempt to add new infringement contentions at this late‐stage in the case.
Regards,
Mark
________________________________
From: Matt Rappaport [mailto:mrappaport@McKoolSmith.com]
Sent: Tuesday, April 05, 2011 6:57 AM
To: Francis, Mark
Cc: Eolas; Google‐Eolas; 'ropesgooglegroup@ropesgray.com'
Subject: RE: Eolas ‐ Google Browser and YouTube Player for Android 3.0 Operating System
Mark,
Thank you for your letter. We are in agreement that Google's Android is, and has always
been, an accused product in this case. However, as you are aware, Google just recently
released Android 3.0. Android 3.0 includes many new features, including support for tablet
devices. The infringement contentions we sent to you addressed these new features.
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If Google agrees that Android 3.0 (including tablet support, the browser and YouTube player)
is properly within the scope of the case, then there is no need for us to supplement our
contentions with respect to this newly‐released version of the previously‐accused Android.
If however, Google contends that Android 3.0 (including tablet support, the browser and
YouTube Player) is outside the scope of our prior allegations, supplementation is warranted.
Please let us know your position by the end of the week.
Thank you.
________________________________
From: Francis, Mark [mailto:MFrancis@KSLAW.com]
Sent: Sunday, April 03, 2011 2:01 AM
To: Matt Rappaport
Cc: Eolas; Google‐Eolas; 'ropesgooglegroup@ropesgray.com'
Subject: RE: Eolas ‐ Google Browser and YouTube Player for Android 3.0 Operating System
Matt,
Please see the attached letter.
Regards,
Mark
__________________________
Mark H. Francis
King & Spalding LLP
1185 Avenue of the Americas
New York, NY 10036
(212) 556‐2117
(212) 556‐2222 (fax)
mfrancis@kslaw.com
________________________________
From: Matt Rappaport [mailto:mrappaport@McKoolSmith.com]
Sent: Sunday, March 27, 2011 5:08 PM
To: Carnaval, Christopher
Cc: Eolas; Weingaertner, Scott; Google‐Eolas; Mike Jones; Allen Gardner
Subject: Eolas ‐ Google Browser and YouTube Player for Android 3.0 Operating System
Counsel,
Please see the attached correspondence.
Matt Rappaport | Attorney | McKool Smith 300 W. 6th Street, Suite 1700 | Austin, TX 78701
telephone: 512/692‐8754 | fax: 512/692‐8744
mrappaport@mckoolsmith.com
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