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)

EXHIBIT G

Confidential. Privileged, and/or Attorney Work Product

McKoOL SMITH
A PROFESSIONAL CORPORATlON· ATIORNEYS

Josh Budwin
Dire'" Dial: [phone]

jbudy"[e-mail]

300 West 6" Street
Suite 1700
Austin, Texas 7870]

Telephone: [phone]
Teiecopier: [phone]

May 20, 2011
VIAE-MAIL

David J. Healey
Fish & Richardson PC
1221 McKinney Street, Suite 2888
Houston, TX 77010
RE:

Eo/as Technologies Incorporated v. Adobe Systems, Inc., et aI., No. 6:09-CV­
00446-LED, in the United States District Court for the Eastern District of Texas
Document Requests Related to Invention Investment Fund and Intellectual
Ventures

Dear Mr. Healey,
In order to assist Adobe Systems Incorporated with their disclosure obligations under the
Court's Discovery Order, Docket Control Order, and applicable Patent Rules, Plaintiff Eolas
Technologies, Inc. ("Eolas") sets forth categories of documents and information that it expects to
receive from Adobe Systems Incorporated. You are aware that formal document requests are
unnecessary in this ease. The following requests are not meant to be exhaustive of Adobe
Systems Incorporated's disclosure obligations; regardless of this request, Adobe Systems
Incorporated should include all documents and things required by the Court's Discovery Order,
Docket Control Order, and applicable Patent Rules.
Within this letter, "Invention Investment Fund" means Invention Investment Fund I LP
and/or Invention Investment Fund II LLC. Also, "Intellectual Ventures" means Intellectual
Ventures LLC, Intellectual Ventures Management LLC, Intellectual Ventures I LLC, and/or
Intellectual Ventures II LLC. "You" Or "your" refers to Adobe Systems Incorporated and/or any
current or former employees thereof. Further, within this letter, "person" means Adobe Systems
Incorporated and any past or present, successor, parent, subsidiary, division or affiliate thereto,
including, without limitation, present and former officers, directors, employees, attorneys, agents,
and representatives thereof.
Eolas hereby requests the production of all documents and things related to Invention
Investment Fund and/or Intellectual Ventures. Eolas understands that you have a financial
interest in Invention Investment Fund and/or Intellectual Ventures, and expects that you will
continue tu provide such materials to Eolas as they become available to you. Such documents

Austin 67635v [

Confidential, Privileged, and/or Attorney Work Product

are relevant to how you value patents and patent litigations, which may relate to the claims or
defenses made by the parties in this action.
Accordingly, Eolas hereby requests the immediate production of the following
documents from Adobe Systems Incorporated:
I. All documents mentioning, concerning, or referencing Invention Investment Fund
and/or Intellectual Ventures, including, but not limited to:
a. All minutes of any meeting of officers, executives, or Board Directors prepared or
maintained by you or in your possession, custody, or control that concern or
reference Invention Investment Fund or Intellectual Ventures;
b. All documents identifYing, describing, concerning, or referencing the date and/or
circumstances giving rise to your awareness of the Invention Investment Fund or
Intellectual Ventures;
c. All documents and things identifYing, describing, concerning, or referencing
demonstrations, displays, illustrations, and/or presentations of Invention
Investment Fund or Intellectual Ventures;
d. All documents identifYing, describing, concerning, or referencing discussions
regarding potential business arrangements (including but not limited to
partnerships, potential licensing agreements, and funding opportunities) between
you and any third parties that concern or reference Invention Investment Fund or
Intellectual Ventures;
e. All documents identifYing, describing, concerning, or referencing discussions
regarding potential business arrangements (including but not limited to
partnerships, potential licensing agreements, and funding opportunities) between
you and Invention Investment Fund or Intellectual Ventures;
f.

All documents identifYing, describing, concerning, or referencing any document
that you believe is relevant to any potential business arrangements between you
and any third parties that concern or reference Invention Investment Fund or
Intellectual Ventures;

g. All documents identifYing, describing, concerning, or referencing any document
that you believe is relevant to any potential business arrangements between you
and Invention Investment Fund or Intellectual Ventures;
h. All documents referencing the date, location and/or subject matter of any
meetings between you and any third parties that concern or reference Invention
Investment Fund or Intellectual Ventures;
I.

J.

Austin 67635vl

All documents referencing the date, location and/or subject matter of any
meetings between you and Invention Investment Fund or Intellectual Ventures;
All communications or documents referencing or containing communications
exchanged between you and/or any third parties that concern or reference
Invention Investment Fund or Intellectual Ventures;

Confidential. Privileged, and/or Attorney Work Product

k. All communications or documents referencing or contammg communications
exchanged between you and/or Invention Investment Fund or Intellectual
Ventures;
I. AIl documents and communications exchanged or created internally by you
referencing Invention Investment Fund or Intellectual Ventures (or any employee
of Invention Investment Fund or Intellectual Ventures) or referencing meetings
related to Invention Investment Fund or InteIlectuaI Ventures (or any employee of
Invention Investment Fund or Intellectual Ventures); and

m. All documents exchanged between you and Invention Investment Fund or
Intellectual Ventures (or any employee of Invention Investment Fund or
Intellectual Ventures) and all documents exchanged between you and a third party
that concern or reference Invention Investment Fund or Intellectual Ventures (or
any employee ofInvention Investment Fund or Intellectual Ventures).
2. Documents sufficient to identifY all persons involved in Invention Investment Fund or

Intellectual Ventures.
3. Documents sufficient to identifY the person( s) most knowledgeable about Invention
Investment Fund or InteIlectual Ventures.
Please provide a time frame when you will be able to produce the above-requested
documents. If you have any questions, please do not hesitate to contact me.
Sincerely,

Josh Budwin

cc:

Joseph P. Reid
Jason W. Wolff
Frank E. Scherkenbach

Austin 67635vl

reidCmfr.com
Adobe-EolasCiilfr.com

woltf(Q)fr.com

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