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)

EXHIBIT 11

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Matt Rappaport
From:

Matt Rappaport

Sent:

Tuesday, May 03, 2011 5:38 PM

To:

Perito, Andrew

Cc:

EBay-Eolas; Eolas

Subject: RE: Eolas - eBay Source Code Production

Andrew,
Your bald assertion that "eBay has produced HTML and JavaScript from each of the websites
identified on your April 26, 2011 letter and in Eolas' infringement contentions" fails to address
the issues detailed in my April 26 correspondence. Prior to Eolas' most recent source code review
Eolas sent eBay correspondence on March 30 outlining the code it expected to see. Eolas' onsite
reviewers thereafter attempted to work with you to locate the requested code on the source code
computer on April 18-21. Finally, I have pinpointed the requested code with screenshots and
filenames in my April 26 correspondence. In response to each of these communications, eBay
has simply restated that its has already produced the code Eolas seeks.
If we can't see the code you claim is present and you cannot point us to it we simply do not think
it is there and cannot confirm your claims of an adequate production. If the requested code is
present please simply tell us where it is (e.g., by directory name). Otherwise, the parties are at an
impasse.
Please provide the availability of your lead and local counsel to meet and confer in advance of
Eolas bringing this matter before the Court. Given the impending deadline for expert reports
your prompt attention to this matter is warranted.

From: Perito, Andrew [mailto:[e-mail]]
Sent: Tuesday, May 03, 2011 4:56 PM
To: Matt Rappaport
Cc: EBay-Eolas; Eolas
Subject: RE: Eolas - eBay Source Code Production

Matt,  

Your April 26, 2011 letter incorrectly states that we were unable to point your technical team to the 
code that "embeds Flash objects" for the accused websites and that such code was missing.  In fact, we 
do not have an obligation to lead your technical team through the source code and we did not attempt 
to do so.  As your letter recognizes that we have explained before, eBay has produced and/or made 
available code that implements the functionality eBay understands is accused of infringement, including 
the infrastructure code used for "embed[ing] Flash objects."  Furthermore, eBay has produced HTML 
and JavaScript from each of the websites identified on your April 26, 2011 letter and in Eolas' 
infringement contentions.  To the extent there is some additional code you believe you need, please let 
us know specifically what it is and we are of course available to discuss further.

Best,
Andrew

Andrew Perito

6/12/2011

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Weil, Gotshal & Manges LLP
201 Redwood Shores Parkway
Redwood Shores, CA 94065-1134
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From: Matt Rappaport [mailto:[e-mail]]
Sent: Tuesday, April 26, 2011 5:01 PM
To: Perito, Andrew
Cc: Reines, Edward; EBay-Eolas; Eolas
Subject: Eolas - eBay Source Code Production
Andrew,
Please see the attached correspondence.
Matt Rappaport | Attorney | McKool Smith
300 W. 6th Street, Suite 1700 | Austin, TX 78701
telephone: [phone] | fax: [phone]
[e-mail]
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6/12/2011