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 3

MCKOOL SMITH
A PROFESSIONAL CORPORATION • ATTORNEYS

Matt Rappaport
Direct Dial: [phone]
[e-mail]

300 West 6th Street
Suite 1700
Austin, Texas 78701

Telephone: [phone]
Telecopier: [phone]

November 2, 2010

VIA EMAIL
Parker C. Ankrum
Weil, Gotshal & Manges LLP
201 Redwood Shores Parkway
Redwood Shores, CA 94065
RE:

Eolas Technologies Incorporated v. Adobe Systems, Inc., et. al; Civil Action
No. 6:09-CV-00446-LED; United District Court of Texas; Eastern District.
Amazon’s Source Code Production

Dear Parker:
I write regarding Amazon’s source code production in this case. Upon review of the
source code Amazon has made available, Eolas notes deficiencies in Amazon’s source code
production herein. Eolas requests that Amazon address the issues below, making additional code
available pursuant to Section 13(a) of the Protective Order.
1.
Eolas has accused Amazon websites, including www.Amazon.com and
www.windowshop.com. Please produce complete client- and server-side code for all versions of
the accused websites as they existed throughout the damages period.
Upon review of the source code computer, Eolas identified four directories which
contained source code for at least part of the website www.Amazon.com. However these
directories were not identified by date or any other meaningful label. As such, Eolas is unable to
ascertain what Amazon has produced in this regard. Please provide an index identifying the
versions and/or dates of the website source code produced and indicating where such code is
located on the source code review computer (e.g., by directory).
2.
Eolas has accused the Amazon Auto Complete functionality. Eolas identified
code that contained at least some source code pertaining to the Amazon Auto Complete
functionality. No version or date information was provided to identify this code. Please produce
complete code for all versions of Amazon Auto Complete client- and server-side code
throughout the damages period. Please also provide an index identifying the versions and/or
dates of the Auto Complete source code produced and indicating where such code is located on
the source code review computer (e.g., by directory).
3.
Eolas has accused the Amazon Checkout functionality. Eolas was unable to
ascertain where, if at all, Amazon has made such source code available for inspection on its

November 2, 2010
Page 2
source code computer. Please produce complete code for all versions of Amazon Checkout
functionality client- and server-side code throughout the damages period. Please also provide an
index identifying the versions and/or dates of the Checkout functionality source code produced
and indicating where such code is located on the source code review computer (e.g. by
directory).
4.
Eolas has accused the Amazon Product Slider functionality, also believed to be
known as “shoveler.” Eolas identified code that contained at least some source code pertaining
to the Amazon Product Slider functionality. No version or date information was provided to
identify this code. Please produce complete code for all versions of Amazon Product Slider
client- and server-side code throughout the damages period. Please also provide an index
identifying the versions and/or dates of the Product Slider source code produced and indicating
where such code is located on the source code review computer (e.g., by directory).
Per Josh Budwin’s correspondences of July 28 and September 3, Eolas remains amenable
to Amazon’s identification of representative versions of code. Rather than producing all versions
of source code for the accused products over the damages period — which began in October
2003 — if Amazon wishes to stipulate that produced versions of website source code are
representative of the code as it existed over some or all of the damages period, please confirm
this in writing. We remain available to discuss this further.
Thank you for your attention to these matters.
Sincerely,

Matt Rappaport

cc:

Douglas E. Lumish [e-mail]
Matthew Powers
Jared B. Bobrow
Joseph H. Lee
Christian Hurt

Austin 63658v1

MCKOOL SMITH
A PROFESSIONAL CORPORATION • ATTORNEYS

Matt Rappaport
Direct Dial: [phone]
[e-mail]

300 West 6th Street
Suite 1700
Austin, Texas 78701

Telephone: [phone]
Telecopier: [phone]

November 2, 2010

VIA EMAIL
Parker C. Ankrum
Weil, Gotshal & Manges LLP
201 Redwood Shores Parkway
Redwood Shores, CA 94065
RE:

Eolas Technologies Incorporated v. Adobe Systems, Inc., et. al; Civil Action
No. 6:09-CV-00446-LED; United District Court of Texas; Eastern District.
eBay’s Source Code Production

Dear Parker:
I write regarding eBay’s source code production in this case. Upon review of the source
code eBay has made available, Eolas notes deficiencies in eBay’s source code production herein.
Eolas requests that eBay address the issues below, making additional code available pursuant to
Section 13(a) of the Protective Order.
1. Eolas has accused several of eBay’s websites, including
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www.ebay.com
neighborhoods.ebay.com
success.ebay.com
http://antiques.shop.ebay.com
http://www.ebaygreenteam.com/ns/buy-green.html
http://givingworks.ebay.com
http://art.shop.ebay.com
http://baby.shop.ebay.com
http://business.shop.ebay.com
http://photography.shop.ebay.com
http://www.motors.ebay.com
http://cell-phones.ebay.com
http://coins.ebay.com
http://computers.ebay.com
http://dolls.shop.ebay.com
http://services.ebay.com
http://video-games.ebay.com

November 2, 2010
Page 2
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http://electronics.ebay.com

Please produce complete client- and server-side code for all versions of these websites as
they existed throughout the damages period. Please also provide an index identifying the
versions and/or dates of the website source code produced and indicating where such code is
located on the source code review computer (e.g., by directory).
2. Eolas has accused the eBay AutoFill functionality. Eolas has identified code for a
single version of such functionality in eBay’s production. However, Eolas is unable to ascertain
the date and/or version information for this production. Please produce complete client- and
server-side code for all versions of the eBay AutoFill functionality throughout the damages
period. Please also provide an index identifying the versions and/or dates of the eBay AutoFill
source code produced and indicating where such code is located on the source code review
computer (e.g., by directory).
3. Eolas has accused the eBay Widgets functionality. Eolas has identified code for a
single version of such functionality in eBay’s production. However, Eolas is unable to ascertain
the date and/or version information for this production. Please produce complete client- and
server-side code for all versions of the eBay Widgets functionality throughout the damages
period. Please also provide an index identifying the versions and/or dates of the eBay Widgets
source code produced and indicating where such code is located on the source code review
computer (e.g., by directory).
Per Josh Budwin’s correspondences of July 28 and September 3, Eolas remains amenable
to eBay’s identification of representative versions of code. Rather producing all versions of
source code for the accused products over the damages period — which began in October 2003
— if eBay wishes to stipulate that produced versions of website source code are representative of
the code as it existed over some or all of the damages period, please confirm this in writing. We
remain available to discuss this further.
Thank you for your attention to these matters.
Sincerely,

Matt Rappaport
cc:

Douglas E. Lumish
[e-mail]
Matthew Douglas Powers
Christian J. Hurt
Jared B. Bobrow
Joseph H. Lee

Austin 63662v1