Eolas Technologies Incorporated v. Adobe Systems Incorporated et al

Filing 712

MOTION to Compel DISCOVERY FROM ADOBE SYSTEMS, INC. REGARDING INVESTMENT/LICENSING AGREEMENTS WITH INTELLECTUAL VENTURES' ENTITIES by Eolas Technologies Incorporated. (Attachments: # 1 Declaration of Rosemary Snider, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C, # 5 Exhibit D, # 6 Exhibit E, # 7 Exhibit F, # 8 Exhibit G, # 9 Exhibit H, # 10 Exhibit I, # 11 Exhibit J, # 12 Exhibit K, # 13 Exhibit L, # 14 Text of Proposed Order)(McKool, Mike)

EXHIBITK

Rosemary Snider
From:
Sent:
To:

Cc:

Subject:

Donahey, Teague [[e-mail]
Friday, June 17,2011 7:10 PM
Josh Budwin; Thane, Josh (NON-SIDLEY PERSONNEL); Doan, Jennifer (NON-SIDLEY
PERSONNEL)
Eolas; Eolas - Weil Attorneys; Eolas - Weil Attorneys; Weil Attorneys (NON-SIDLEY
PERSONNEL); Albritton, Eric (NON-SIDLEY PERSONNEL); Project Apple - Eolas; R&G
Group Google; [e-mail]; Gardner, Allen F. (NON-SIDLEY PERSONNEL); Jones,
Michael E. (NON-SIDLEY PERSONNEL); Mehta, Sonal
RE: Eolas: IV and IIF discovery requests

Josh: To be clear, with respect to Apple, Apple simply proposed that Eolas not engage in
the IV/IIF discovery and, in return, Apple would agree to not use the IV/IIF documents in
its damages case. Eolas did not agree to that proposal. That was the extent of the
discussion with respect to Apple.
In any event, having considered the IV/IIF issues in
light of our discussion, Apple is agreeable to producing certain IV/IIF related documents
that it may have. Apple is still determining exactly what it has to produce related to
this issue, and I should have further information next week.
Teague
-- --Original Message-- -­
From: Josh Budwin [mailto:[e-mail]]
Sent: Friday, June 10, 2011 3:43 PM
To: Thane, Josh (NON-SIDLEY PERSONNEL); Doan, Jennifer (NON-SIDLEY
PERSONNEL)
Cc: Eolas; Eolas
Weil Attorneys; Eolas
Weil Attorneys; Weil Attorneys (NON-SIDLEY
PERSONNEL); Albritton, Eric (NON-SIDLEY PERSONNEL); Project Apple - Eolas; R&G Group
Google; [e-mail]; Gardner, Allen F. (NON-SIDLEY PERSONNEL); Jones, Michael E.
(NON-SIDLEY PERSONNEL); Mehta, Sonal
Subject: RE: Eolas: IV and IIF discovery requests
Thank you for the call today. We understand the defendants refuse to produce the requested
information because they contend it is not relevant. Accordingly, we request that each
defendant or the defendants collectively provide us with a date for a Rule 7 meet and
confer between Monday and Wednesday next week.

Josh Thane <[e-mail]> wrote:
All:
Below is dial in information for our 5:30pm CT call.
Telephone #[phone]
Passcode: 46918
From: Josh Budwin [mailto:[e-mail]]
Sent: Friday, June 10, 2011 2:12 PM
To: Josh Budwinj Josh Thane; Jennifer Doan
Cc: Eolas; Yahoo-Eolas; Amazon-Eolas; EBay-Eolasj [e-mail]1j apple­
[e-mail]; R&G Group Google; F&R Group Adobe; [e-mail];
[e-mail] Mehta, Sonal
Subject: RE: Eolas: IV and IIF discovery requests
Please provide the dial-in number.

sent: Friday, June 10, 2011 8:41 AM
1

To: Josh Thane; Jennifer Doan
Cc: Eolas; Yahoo-Eolasj Amazon-Eolasj EBay-Eolasj [e-mail]1j apple
[e-mail]; R&G Group Google; F&R Group Adobe; [e-mail]
[e-mail] Mehta, Sonal
Subject: RE: Eolas: IV and IIF discovery requests
Josh

We will speak with you then on an informal basis.

Please provide the dial in info.

Thanks.

Josh Thane <[e-mail]> wrote:
All of the defendants involved in this issue are available for an informal meet and confer
tomorrow at 5:30pm CT. We will send around dial-in information prior to the call.
Josh
From: Josh Budwin [mailto:[e-mail]]
Sent: Thursday, June 09, 2011 10:31 AM
To: Jennifer Doan
Cc: Josh Thanej Eolasj Yahoo-Eolasj Amazon-Eolasi EBay-Eolasj [e-mail]1j apple­
[e-mail] R&G Group Googlej F&R Group Adobej [e-mail]
[e-mail] Mehta, Sonal
Subject: RE: Eolas: IV and IIF discovery requests
Hi Jennifer ­
It is now Thursday, and we've been trying to coordinate this call all week, to occur this
week. As you are aware, the deadline for expert reports is rapidly approaching. Any
further delays on producing this relevant information and/or in scheduling a meet and
confer so that we may compel it, may require an extension of Eolas' damages expert report
deadline. Accordingly, please provide a response today, and offer a Rule 7 meet and
confer time to occur no later than COB tomorrow (Friday).
Thank you.
From: Josh Budwin
Sent: Wednesday, June 08, 2011 12:01 PM
To: 'Jennifer Doan'
Cc: Josh Thane; Eolasi Yahoo-Eolasj Amazon-Eolasj EBay-Eolasj [e-mail]1j apple
[e-mail]; R&G Group Googlej F&R Group Adobej [e-mail]
[e-mail] Mehta, Sonal
Subject: RE: Eolas: IV and IIF discovery requests Jennifer ­
Please advise. We've been looking for this information for sometime now. We need to have
the meet and confer this week. We are generally available to meet and confer this week,
so please suggest a date/time without further delay.
Thank you.

From: Jennifer Doan [mailto:[e-mail]]
Sent: Tuesday, June 07, 2011 5:04 PM
2

To: Josh Budwin

Cc: Josh Budwin; Josh Thane; Eolas; Yahoo-Eolas; Amazon-Eolas; EBay-Eolas;

[e-mail]1; [e-mail]; R&G Group Google; F&R Group Adobe;

[e-mail]; [e-mail]; Mehta, Sonal

Subject: Re: Eolas: IV and IIF discovery requests Josh.

My apologies but I'm traveling today and have been tied up on another matter.
with our co-defendants and we'll get you a time to talk.

Let me get

Jennifer

Sent from my iPhone

On Jun 7, 2011, at 4:08 PM, "Josh Budwin"

<[e-mail]<mailto:[e-mail]»
Hi Josh

Please advise.

wrote:

This issue cannot drag our any longer.

Thanks.

From: Josh Budwin

Sent: Monday, June 06, 2011 4:57 PM

To: 'Josh Thane'

Cc: Eolas; Yahoo-Eolas; Amazon-Eolas; EBay-Eolas;

[e-mail]1<mailto:[e-mail]1>;

[e-mail]<mailto:[e-mail]>; R&G Group Google; F&R Group Adobe:

Jennifer Doan: [e-mail]<mailto:[e-mail]>:

[e-mail]<mailto:mikejones@potterminton. com>; Mehta, Sonal

Subject: RE: Eolas: IV and IIF discovery requests Thank you. As soon as you have

alternate times for the meet and confer, please let me know.

From: Josh Thane [mailto:[e-mail]]

Sent: Monday, June 06, 2011 4:56 PM

To: Josh Budwin

Cc: Eolas; Yahoo-Eolas: Amazon-Eolas: EBay-Eolas;

[e-mail]1<mailto:[e-mail]1>;

[e-mail]<mailto:[e-mail]>; R&G Group Google: F&R Group Adobe:

Jennifer Doan: [e-mail]<mailto:[e-mail]>:

[e-mail]<mailto:[e-mail]>: Mehta, Sonal

Subject: RE: Eolas: IV and IIF discovery requests Josh, Thanks for your email. We are

trying to coordinate with Apple/Google/Adobe prior to responding so that we can hopefully

provide you one response for all defendants as opposed to just Amazon/eBay/Yahoo!. Given

the number of defendants this relates to it may take a little while to
a

coordinated response, but we will respond as soon as we can.

Thanks,

Josh

From: Josh Budwin [mailto:[e-mail]]

Sent: Monday, June 06, 2011 4:42 PM

To: Josh Thane

Cc: Eolas: Yahoo-Eolas; Amazon-Eolas; EBay-Eolas;

[e-mail]1<mailto:[e-mail]1>;

[e-mail]<mailto:[e-mail]>: R&G Group Google: F&R Group Adobe:

Jennifer Doan: [e-mail]<mailto:[e-mail]>:

[e-mail]<mailto:mikejones@potterminton. com>: Mehta, Sonal

Subject: RE: Eolas: IV and IIF discovery requests Hi Josh
Please respond to items

(1)-(3) below today, so that we may schedule the call for tomorrow. Without responses we

cannot schedule the call which we would like to do without further delay.

Thank you.

From: Josh Budwin

Sent: Monday, June 06, 2011 2:32 PM
To: 'Josh Thane I
Cc: Eolas: Yahoo-Eolas: Amazon-Eolasi EBay-Eolas;
3

[e-mail]1<mailto:[e-mail]1>;
[e-mail]<mailto:[e-mail]>i R&G Group Google; F&R Group Adobe;
Jennifer Doan; [e-mail]<mailto:[e-mail]>i
[e-mail]<mailto:mikejones@potterminton. com>; Mehta, Sonal
Subject: RE: Eolas: IV and IIF discovery requests Hi Josh
(1)
Are you coordinating for all defendants including Apple/Google/Adobe or just the Weil
defendants (eBay/Yahoo/Amazon)?
(2)
Are you planning on a Rule 7 lead/local meet and confer or something informal? If a
Rule 7 meet and confer, I will check with our lead counsel.
(3)
As requested twice now, please provide a written response explaining your refusal to
provide the requested information, in advance of the meet and confer.
Thanks.
From: Josh Thane [mailto:[e-mail]]
Sent: Monday, June 06, 2011 2:22 PM
To: Josh Budwin
Cc: Eolas; Yahoo-Eolas; Amazon-Eolas; EBay-Eolasi
[e-mail]1<mailto:[e-mail]1>i
[e-mail]<mailto:[e-mail]>i R&G Group Googlei F&R Group Adobei
Jennifer Doan; [e-mail]<mailto:[e-mail]>i
[e-mail]<mailto:mikejones@potterminton. com>; Mehta, Sonal
Subject: RE: Eolas: IV and IIF discovery requests Josh, Sonal asked us to coordinate this
issue. We are available for a meet and confer tomorrow morning at lOam CST to discuss
this matter with you.
Dial-in information is listed below.
Telephone: #[phone]
Passcode: 30705
Regards,
Josh
Josh Thane, J.D.
Haltom & Doan
Crown Executive Center, Suite 100
6500 Summerhill Road
Texarkana, Texas 75503
[phone] Direct
[phone] Office
[phone] Facsimile
[e-mail]<mailto:[e-mail]>
From: Josh Budwin [mailto:[e-mail]]
Sent: Monday, June 06, 2011 8:51 AM
To: Josh Budwini Mehta, Sonal
Cc: Eolas; Yahoo-Eolas; Amazon-Eolas; EBay-Eolas;
[e-mail]1<mailto:[e-mail]1>i
[e-mail]<mailto:[e-mail]>i R&G Group Google; F&R Group Adobe;
Jennifer Doan; Josh Thane;
[e-mail]<mailto:[e-mail]>j
[e-mail]<mailto:mikejones@potterminton. com>
Subject: RE: Eolas: IV and IIF discovery requests Hi Sonal (and counsel for other
defendants) - Please let us know whether each of you will produce the requested
Intellectual Ventures documents.
If not, as requested please state your basis for
refusing the production in writing. As these documents relate to the upcoming expert
report deadline, any further delay is unacceptable.
Thank you.
From: Josh Budwin
Sent: Thursday, June 02, 2011 12:43 PM
To: Mehta, Sonal
Cc: Eolas; Yahoo-Eolas; Amazon-Eolasj EBay-Eolasj
[e-mail]1<mailto:[e-mail]1>i
[e-mail]<mailto:[e-mail]>; R&G Group Googlej F&R Group .Adobe;
Jennifer Doan; [e-mail]<mailto:[e-mail]>;
[e-mail]<mailto:[e-mail]>;
[e-mail]<mailto:mikejones@potterminton. com>
Subject: RE: Eolas: IV and IIF discovery requests
Hi Sonal (and counsel for other defendants)
4

As you are no doubt aware, Eolas is seeking damages from your clients as a result of their

infringement of Eolas' patents. The law provides that Eolas may recover "no less than a

reasonable royalty" for such infringement. As you are further aware, the damages

framework for a reasonable royalty analysis includes the Georgia Pacific factors.

Comparable licenses are highly relevant under the Georgia Pacific factors.
Our

understanding from the public documentation cited in my letter is that your clients'

investment in Intellectual Ventures includes a license or covenant not to sue with respect

to the Intellectual Ventures portfolio of patents. Accordingly, information related to

which patents Intelletcual Ventures owns/controls and the amonunt of money your clients

paid to obtain a license/convenant not to sue with respect to those patents is relevant to

the Georgia Pacific analysis. Moreover, Rule 26 and the local rules for the EDTX have a

broad view of relevance. The information Eolas seeks with respect to your clients

investments falls within the scope of relevant information because it informs the Georgia

Pacific analysis.
If you disagree, and assert that such information cannot be relevant,

please explain your basis in writing.

With respect to your request for a meet and confer
least two dates and times either tomorrow (Friday)
work from our end.
That said, before the meet and
response as to why you contend such information is

with lead and local, please suggest at

or Monday.
I will see if those times

confer, please provide your written

not discoverable.

Thanks.

From: Mehta, Sonal [[e-mail]<mailto:[e-mail]>]

Sent: Wednesday, June 01, 2011 9:22 PM

To: Josh Budwin

Cc: Eolasj Yahoo-Eolasj Amazon-Eolasi EBay-Eolasi

[e-mail]1<mailto:[e-mail]1>j

[e-mail]<mailto:[e-mail]>i R&G Group Google; F&R Group Adobei

Jennifer Doanj [e-mail]<mailto:[e-mail]>;

[e-mail]<mailto:[e-mail]>i

[e-mail]<mailto:[e-mail]>

Subject: RE: Eolas: IV and IIF discovery requests

Hi Josh,

Thanks for your email.
Is there anything more specific Eolas is willing

to say to allow us to consider your requests?
Based on what you folks

have said so far, we do not see how the discovery could be relevant to any issue in the

case. But if you have a theory of relevance beyond the fact that it is "relevant to

damages" in your view and somehow relates to several of the Georgia Pacific factors, which

you have not identified, we are of course open to considering it.
If not, we will

understand that is all that Eolas can or will articulate and request a LR 7 meet and

confer conference so that we can raise this issue with Judge Davis.
Please let us know

when counsel for Eolas is available.

Best,

<image001.jpg>

Sonal N. Mehta

Weil, Gotshal & Manges LLP

201 Redwood Shores Parkway

Redwood Shores, CA 94065-1134

[e-mail]<mailto:[e-mail]>

[phone] Direct

[phone] Fax

From: Josh Budwin [mailto:[e-mail]]

Sent: Wednesday, May 25, 2011 3:10 PM

To: Mehta, Sonal

Cc: Eolasi Yahoo-Eolas; Amazon-Eolasi EBay-Eolasj

[e-mail]1<mailto:[e-mail]1>;

[e-mail]<mailto:[e-mail]>; R&G Group Google; F&R Group Adobej

Jennifer Doani [e-mail]<mailto:[e-mail]>;

[e-mail]<mailto:[e-mail]>;

[e-mail]<mailto:mikejones@potterminton. com>

Subject: RE: Eolas: IV and IIF discovery requests Typo corrected below.

S

From: Josh Budwin

Sent: Wednesday, May 25, 2011 4:54 PM

To: 'Mehta, Sonal'

Cc: Eolas; Yahoo-Eolas; Amazon-Eolas; EBay-Eolas;

[e-mail]1<mailto:[e-mail]1>;

apple [e-mail]<mailto:[e-mail]>; R&G Group Google; F&R Group Adobe;

Jennifer Doan; Joshua Thane;

[e-mail]<mailto:[e-mail]>;

[e-mail]<mailto:[e-mail]>

Subject: RE: Eolas: IV and IIF discovery requests Hi Sonal
In addition to the statement

you quote below, the requested discovery is relevant to damages issues, including, but not

limited to several of the Georgia Pacific factors.

Please let us know if you will provide the requested discovery, and, if not, on what

basis.

Thank you.

From: Mehta, Sonal [mailto:[e-mail]

Sent: Tuesday, May 24, 2011 2:27 PM

To: Josh Budwin

Cc: Eolas; Yahoo-Eolas; Amazon-Eolas; EBay-Eolas;

[e-mail]1<mailto:[e-mail]1>;

[e-mail]<mailto:[e-mail]>; R&G Group Google; F&R Group Adobe;

Jennifer Doan; Joshua Thane;

[e-mail]<mailto:[e-mail]>;

[e-mail]<mailto:mikejones@potterminton. com>

Subject: Eolas: IV and IIF discovery requests Josh, We are in receipt of Eolas's requests

last Friday for documents and Rule

30(b) (6) deposition testimony relating to Intellectual Ventures and Invention Investment

Fund. Your letter notes that the lithe information is relevant to how our clients value

patents and patent litigations, which may relate to the claims or defenses made by the

parties in this action." We would appreciate it if you could let us know Eolas's position

on whether there is anything more particular you can say about your theory of relevance to

this discovery beyond that general statement so we can consider your position in

responding to your Intellectual Ventures and Invention Investment Fund discovery requests.

Best,

<image001.jpg>

Sonal N. Mehta

Weil, Gotshal & Manges LLP

201 Redwood Shores Parkway

Redwood Shores, CA 94065 1134

[e-mail]<mailto:[e-mail]>

[phone] Direct

[phone] Fax

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