Eolas Technologies Incorporated v. Adobe Systems Incorporated et al

Filing 714

MOTION to Compel PRODUCTION OF SOURCE CODE FROM EBAY INC. AND AMAZON.COM, INC. by Eolas Technologies Incorporated. (Attachments: # 1 Declaration of Joshua Budwin, # 2 Exhibit 1, # 3 Exhibit 2, # 4 Exhibit 3, # 5 Exhibit 4, # 6 Exhibit 5, # 7 Exhibit 6, # 8 Exhibit 7, # 9 Exhibit 8, # 10 Exhibit 9, # 11 Exhibit 10, # 12 Exhibit 11, # 13 Exhibit 12, # 14 Exhibit 13, # 15 Exhibit 14, # 16 Exhibit 15, # 17 Exhibit 16, # 18 Exhibit 17, # 19 Exhibit 18, # 20 Exhibit 19, # 21 Exhibit 20, # 22 Exhibit 21, # 23 Exhibit 22, # 24 Exhibit 23, # 25 Exhibit 24, # 26 Exhibit 25, # 27 Exhibit 26, # 28 Exhibit 27, # 29 Exhibit 28, # 30 Exhibit 29, # 31 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., 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-446

JURY TRIAL

DECLARATION OF JOSHUA BUDWIN IN SUPPORT OF
EOLAS’ MOTION TO COMPEL PRODUCTION OF SOURCE CODE
FROM EBAY AND AMAZON
I, Joshua Budwin, do state and declare as follows:
1.

I am an attorney with the law firm of McKool Smith PC (McKool Smith), counsel

for Plaintiff Eolas Technologies Incorporated (Eolas) in this action. I make this declaration in
support of Eolas’ Motion to Compel Production of Source Code from eBay and Amazon, filed
herewith. Unless otherwise stated, the matters contained in this declaration are of my own
personal knowledge and, if called as a witness, I could and would testify competently to the
matters set forth herein.
2.

Attached hereto as Exhibit 1 is a true and correct copy of a letter from me to All

Counsel, including counsel for eBay and Amazon, dated July 28, 2010, in this matter.

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3.

Attached hereto as Exhibit 2 is a true and correct copy of a letter from me to All

Counsel, including counsel for eBay and Amazon, dated September 3, 2010, in this matter.
4.

Attached hereto as Exhibit 3 are true and correct copies of two letters from Mr.

Rappaport, counsel for Eolas, to Mr. Ankrum, counsel for eBay and Amazon, dated November 2,
2010, in this matter.
5.

Attached hereto as Exhibit 4 are true and correct copies of letters from Mr.

Ankrum, counsel for eBay and Amazon to me, dated September 3, 2010, in this matter.
6.

Attached hereto as Exhibit 5 are true and correct copies of letters from Mr.

Ankrum, counsel for eBay and Amazon to Mr. Rappaport, counsel for Eolas, dated November
19, 2010, in this matter.
7.

Attached hereto as Exhibit 6 is a true and correct copy of an email from Mr. Lee,

counsel for eBay and Amazon to me, dated December 9, 2010, in this matter.
8.

Attached hereto as Exhibit 7 are true and correct copies of letters from Mr.

Rappaport, counsel for Eolas, to Mr. Reines, counsel for eBay and Amazon, dated March 30,
2011, in this matter.
9.

Attached hereto as Exhibit 8 is a true and correct copy of an email from Mr.

Perito, counsel for eBay and Amazon to Mr. Rappaport, counsel for Eolas, dated April 16, 2011,
in this matter.
10.

Attached hereto as Exhibit 9 is a true and correct copy of a letter from Mr.

Rappaport, counsel for Eolas, to Mr. Perito, counsel for eBay and Amazon, dated April 26, 2011,
in this matter.

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11.

Attached hereto as Exhibit 10 is a true and correct copy of an email from Mr.

Perito, counsel for eBay and Amazon, to Mr. Rappaport, counsel for Eolas, dated May 3, 2011,
in this matter.
12.

Attached hereto as Exhibit 11 is a true and correct copy of an email from Mr.

Rappaport, counsel for Eolas, to Mr. Perito, counsel for eBay and Amazon, dated May 3, 2011,
in this matter.
13.

Attached hereto as Exhibit 12 is a true and correct copy of an email from Mr.

Fasone, counsel for Eolas, to Ms. Mehta, counsel for eBay and Amazon, dated May 12 2011, in
this matter.
14.

Attached hereto as Exhibit 13 is a true and correct copy of an email from Mr.

Perito, counsel for eBay and Amazon, to Mr. Fasone, counsel for Eolas, dated May 14, 2011, in
this matter.
15.

Attached hereto as Exhibit 14 is a true and correct copy of a portion of eBay’s

May 4, 2010 production of documents, bates stamped EBAY‐E00008429, in this matter.
16.

Attached hereto as Exhibit 15 is a true and correct copy of an email from Mr.

Rappaport, counsel for Eolas, to Mr. Perito and Ms. Mehta, counsel for eBay and Amazon, dated
May 20, 2011, in this matter.
17.

Attached hereto as Exhibit 16 is a true and correct copy of an email from Mr.

Rappaport, counsel for Eolas, to Mr. Perito, counsel for eBay and Amazon, dated May 24, 2011,
in this matter.
18.

Attached hereto as Exhibit 17 is a true and correct copy of a second email from

Mr. Rappaport, counsel to Eolas, to Mr. Perito and Ms. Mehta, dated May 20, 2011, in this
matter.

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19.

Attached hereto as Exhibit 18 is a true and correct copy of an email from Mr.

Perito, counsel for eBay and Amazon, to Mr. Rappaport and Mr. Fasone, counsel for Eolas,
dated May 23, 2011 in this matter.
20.

Attached hereto as Exhibit 19 is a true and correct copy of an email from Ms.

Mehta, counsel for eBay and Amazon, to Mr. Rappaport and Mr. Fasone, dated June 7, 2011, in
this matter.
21.

Attached hereto as Exhibit 20 is a true and correct copy of an email from Ms.

Martin, counsel for Eolas, to Ms. Mehta, counsel for eBay and Amazon, dated June 8, 2011, in
this matter.
22.

Attached hereto as Exhibit 21 is a true and correct copy of an email from Mr.

Fasone, counsel for Eolas, to Ms. Mehta, counsel for eBay and Amazon, dated June 9, 2011, in
this matter.
23.

Attached hereto as Exhibit 22 is a true and correct copy of an email from Ms.

Martin counsel for Eolas, to Ms. Mehta, counsel for eBay and Amazon, dated June 10, 2011, in
this matter.
24.

Attached hereto as Exhibit 23 is a true and correct copy of an email from Ms.

Mehta, counsel for eBay and Amazon, to Ms. Martin, counsel for Eolas, dated June 10, 2011, in
this matter.
25.

Attached hereto as Exhibit 24 is a true and correct copy of an email from Ms.

Martin counsel for Eolas, to Ms. Mehta, counsel for eBay and Amazon, dated June 13, 2011, in
this matter.

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26.

Attached hereto as Exhibit 25 is a true and correct copy of an email from Mr.

Rappaport counsel for Eolas, to Mr. Reines, counsel for eBay and Amazon, dated April 7, 2011,
in this matter.
27.

Attached hereto as Exhibit 26 is a true and correct copy of an email from Mr.

Rappaport counsel for Eolas, to Mr. Perito, counsel for eBay and Amazon, dated April 13, 2011,
in this matter.
28.

Attached hereto as Exhibit 27 is a true and correct copy of an email from Mr.

Rappaport counsel for Eolas, to Mr. Perito, counsel for eBay and Amazon, dated April 15, 2011,
in this matter.
29.

Attached hereto as Exhibit 28 is a true and correct copy of an email from Mr.

Fasone counsel for Eolas, to Ms. Mehta, counsel for eBay and Amazon, dated May 12, 2011, in
this matter.
30.

Attached hereto as Exhibit 29 is a true and correct copy of an email from Ms.

Mehta counsel for eBay and Amazon, to Ms. Martin, counsel for Eolas, dated June 14, 2011, in
this matter.
I declare under penalty of perjury that the foregoing is true and correct and that this
declaration was executed on June 20, 2011, in Austin, Texas.

__________________________
Joshua Budwin

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