Eolas Technologies Incorporated v. Adobe Systems Incorporated et al

Filing 648

Unopposed MOTION FOR LEAVE TO SUPPLEMENT ITS P.R. 3-1 INFRINGMENT CONTENTIONS WITH RESPECT TO AMAZON CLOUD PLAYER by Eolas Technologies Incorporated. (Attachments: # 1 Exhibit A, # 2 Text of Proposed Order)(McKool, Mike)

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.

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Civil Action No. 6:09-cv-446

JURY TRIAL

EOLAS’ UNOPPOSED MOTION FOR LEAVE TO SUPPLEMENT ITS P.R. 3-1
INFRINGEMENT CONTENTIONS WITH RESPECT TO AMAZON CLOUD PLAYER

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I.

INTRODUCTION
Eolas moves the Court for leave to supplement its P.R. 3-1 infringement contentions with

respect to Amazon and its newly released Amazon Cloud Player as discussed herein. Amazon
does not oppose this request. This request does not extend to any other defendants in this action.
The parties agree to work together to adjust the discovery period if needed.
II.

EOLAS’ UNOPPOSED REQUEST FOR RELIEF
1.

Eolas served its P.R. 3-1 infringement contentions against Amazon on March 5,

2.

Since March 5, 2010, Amazon added new functionality to its accused products:

2010.

namely the Amazon Cloud Player included in the infringement contentions attached as Exhibit A
hereto. Prior to filing this Motion, Eolas provided a copy of the infringement contentions for
Amazon’s newly released Amazon Cloud Player to counsel for Amazon. Counsel for Amazon
has indicated that it does not oppose Eolas’ request for leave to supplement its infringement
contentions for the ’906 and ’985 patents for Amazon Cloud Player. Eolas will re-serve such
contentions on Amazon’s counsel within three days of the date the Court grants this motion.

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Dated: May 6, 2011.

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]
J.R. Johnson
Texas State Bar No. 24070000
[e-mail]
MCKOOL SMITH, P.C.
300 Crescent Court, Suite 1500
Dallas, Texas 75201
Telephone: [phone]
Telecopier: [phone]
Kevin L. Burgess
Texas State Bar No. 24006927
[e-mail]
John B. Campbell
Texas State Bar No. 24036314
[e-mail]
Josh W. Budwin
Texas State Bar No. 24050347
[e-mail]
Matthew B. Rappaport
Texas State Bar No. 24070472
[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.

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CERTIFICATE OF CONFERENCE
Counsel for Eolas has conferred with counsel for Amazon regarding the relief requested
in this Motion. Defendant is unopposed to the relief requested in this Motion.
/s/ Josh Budwin
Josh Budwin
CERTIFICATE OF SERVICE
The undersigned certifies that the foregoing document was filed electronically in
compliance with Local Rule CV-5(a). As such, this document was served on all counsel who
have consented to electronic service. Local Rule CV-5(a)(3)(A) on May 6, 2011.
/s/ Josh Budwin
Josh Budwin

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