Eolas Technologies Incorporated v. Adobe Systems Incorporated et al

Filing 681

Joint MOTION to Stay by Eolas Technologies Incorporated. (Attachments: # 1 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., Argosy Publishing, 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.

§
§
§ Civil Action No. 6:09-CV-00446-LED
§
§
§
§
JURY TRIAL
§
§
§
§
§
§
§
§
§
§
§
§
§

JOINT MOTION TO STAY
Plaintiff Eolas Technologies Incorporated and Defendant Office Depot, Inc. hereby
jointly and respectfully request that all activities (discovery, motion briefing, expert reports, etc.)
as to Office Depot, Inc. be stayed for two weeks. The parties have reached an oral agreement to
settle this case subject to the drafting and execution of a written settlement and license agreement
acceptable to both parties. The Parties respectfully request this stay and extension of all pre-trial
deadlines so that the Parties may focus on the drafting and execution of a written settlement and
license agreement. The Parties seek to execute a formal settlement agreement and stipulation of
dismissal of all claims and counterclaims in this action within the next two weeks. The Parties
agree that this Motion does not effect the date of trial, jury selection or the pretrial conference.

1

DATED: June 3, 2011.

Respectfully submitted,

Suzanne M. Wallman
Brett E. Bachtell
Natalie Bennett
MCDERMOTT WILL & EMERY
227 West Monroe Street
Chicago, IL 60606
312.372.2000
[e-mail]
[e-mail]
[e-mail]

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]
Holly Engelmann
Texas State Bar No. 24040865
[e-mail]
MCKOOL SMITH, P.C.
300 Crescent Court, Suite 1500
Dallas, Texas 75201
Telephone: [phone]
Telecopier: [phone]

David M. Stein
MCDERMOTT WILL & EMERY
18191 Von Karman Avenue
Suite 500
Irvine, CA 92612
949.851.0633
[e-mail]

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]
Gretchen K. Curran
Texas State Bar No. 24055979
[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]

J. Thad Heartfield
THE HEARTFIELD LAW FIRM
2195 Dowlen Road
Beaumont, TX 77706
409.866.3318
[e-mail]

ATTORNEYS FOR DEFENDANT
OFFICE DEPOT, INC.

ATTORNEYS FOR PLAINTIFF
EOLAS TECHNOLOGIES, INC.

2

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 this June 3, 2011.

/s/ John B. Campbell
John B. Campbell

CERTIFICATE OF CONFERENCE
I hereby certify that counsel for Eolas Technologies Incorporated, John B. Campbell,
conferred with J. Thad Heartfield on behalf of Office Depot, Inc. on June 3, 2011, regarding the
foregoing motion, who represented that Office Depot, Inc. joins in this motion.
Dated: June 3, 2011
/s/ John B. Campbell
John B. Campbell

3