Eolas Technologies Incorporated v. Adobe Systems Incorporated et al

Filing 682

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.

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JURY TRIAL
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JOINT MOTION TO STAY
Plaintiff Eolas Technologies Incorporated and Defendant Texas Instruments Inc. hereby
jointly and respectfully request that all activities (discovery, expert reports, etc.) as to Texas
Instruments 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.
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Respectfully submitted,

Carl R. Roth
Amanda Aline Abraham
Brendan Clay Roth
THE ROTH LAW FIRM
115 N. Wellington
Suite 200
P.O. Box 876
Marshall, TX 75671
903.935.1665
[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]

ATTORNEYS FOR DEFENDANT
TEXAS INSTRUMENTS INC.

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]
ATTORNEYS FOR PLAINTIFF
EOLAS TECHNOLOGIES, INC.

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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 conferred with Carl
Roth on behalf of Texas Instruments Inc. on June 3, 2011, regarding the foregoing motion, who
represented that Texas Instruments Inc. joins in this motion.
Dated: June 3, 2011
/s/ John B. Campbell
John B. Campbell

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