Eolas Technologies Incorporated v. Adobe Systems Incorporated et al

Filing 683

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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§ Civil Action No. 6:09-CV-00446-LED
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JURY TRIAL
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JOINT MOTION TO STAY
Plaintiff Eolas Technologies Incorporated and Defendant Rent-A-Center, Inc.
(collectively “the Parties”) hereby jointly and respectfully request that all activities (discovery,
expert reports, etc.) as to Rent-A-Center, 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 that is 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 affect the date of trial,
jury selection or the pretrial conference.

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Respectfully submitted,
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]

/s/ Sanford E. Warren, Jr.
Sanford E. Warren, Jr.
Lead Attorney
State Bar No. 20888690
[e-mail]
R. Scott Rhoades
State Bar No. 90001757
[e-mail]
Jonathan Hart Rastegar
State Bar No. 24064043
[e-mail]
Akin Gump Strauss Hauer & Feld LLP
1700 Pacific Avenue, Ste. 4100
Dallas, TX 75201
214.969.2800
ATTORNEYS FOR DEFENDANT
RENT-A-CENTER, 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 6, 2011.

/s/ John B. Campbell
John B. Campbell

CERTIFICATE OF CONFERENCE
I hereby certify that counsel for Eolas Technologies Incorporated conferred with Scott
Rhoades on behalf of Rent-A-Center, Inc. on June 6, 2011, regarding the foregoing motion, who
represented that Rent-A-Center, Inc. joins in this motion.
Dated: June 6, 2011
/s/ John B. Campbell
John B. Campbell

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