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 H

Page 1 of3

From:

Josh Budwin

Sent:

Monday, June 06, 2011 8:51 AM

To:

Josh Budwin; Mehta, Sonal

Cc:

Eolas; Yahoo-Eolas; Amazon-Eolas; EBay-Eolas; apple@emafirm,com1: [e-mail]; R&G Group
Google: F&R Group Adobe; Jennifer Doan: [e-mail]: [e-mail];
[e-mail]

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-Eo las; Amazon-Eolas; EBay-Eolas; [e-mail]; [e-mail]; R&G
Group Google; F&R Group Adobe; Jennifer Doan; [e-mail];
[e-mail]; [e-mail]
Subject: RE: Eolas: IV and IIF discovery requests
Hi Sanal (and counsel for other defendants) ­

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 PacirlCanalysis. 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 infonmation because it informs the Georgia
Padlic ana lysis. 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 with lead and local, please suggest at least two dates
and times either tomorrow (Friday) or Monday. I will see if those times work from our end. That said,
before the meet and confer, please provide your written response as to why you contend such
infonmation is not discoverable.
Thanks.

From: Mehta, Sonal [[e-mail]]
Sent: Wednesday, June 01, 2011 9:22 PM
To: Josh Budwin
Cc: Eolas; Yahoo-Eolas; Amazon-Eolas; EBay-Eolas; [e-mail]; [e-mail]; R&G
Group Google; F&R Group Adobe; Jennifer Doan; jthane®haltomdoan.com;
[e-mail]; [e-mail]
Subject: RE: Eolas: IV and IIF discovery requests

Page 2 of3

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,
~---""',
)(

Sonal N. Mehta
Weil. Gotshal & Manges LLP
201 Redwood Shores Parkway
Redwood Shores, CA 94D65-1134
sonal,[e-mail]
[phone] Direct
+1 6508,023100 Fax

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

Sent: Wednesday, May 25, 2011 3:10 PM
To: Mehta, Sonal
Cc: Eolas; Yahoo-Eolas; Amazon-Eolas; EBay-Eolas; [e-mail]; [e-mail]; R&G Group Google;
F&R Group Adobe; Jennifer Doan; [e-mail]; [e-mail];
[e-mail]
Subject: RE: Eolas: IV and IIF discovery requests
Typo corrected below.

From: Josh Budwin

Sent: Wednesday, May 25, 2011 4:54 PM
To: 'Mehta, Sonal'
Cc: Eolas; Yahoo-Eo las; Amazon-Eolas; EBay-Eolas; [e-mail]1; [e-mail]; R&G Group Google;
F&R Group Adobe; Jennifer Doan; Joshua Thane; [e-mail]; [e-mail]
Subject: RE: Eolas: IV and IIF discovery requests
Hi 50nal­
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-Eo las; Amazon-Eolas; EBay-Eolas; [e-mail]1; [e-mail]; R&G Group Google;
F&R Group Adobe; Jennifer Doan; Joshua Thane; [e-mail]; [e-mail]

Subject: Eolas: IV and IIF discovery requests

Page 3 of3
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 "the 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 50 we can consider your
position in responding to your Intellectual Ventures and Invention Investment Fund discovery requests.
Best,

Sonal N. Mehta

Weil. Goishal & Manges LLP
201 Redwood Shores Par1<way

Redwood Shores, CA 94065·1134
[e-mail]
[phone] Direct
[phone] Fax

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