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 7

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]

March 30, 2011

VIA EMAIL
Edward R. Reines
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-446-LED; United States District Court of Texas; Eastern District.
Amazon Source Code Inspection

Dear Edward:
Pursuant to ¶13(b)(6) of the Protective Order, Eolas hereby provides notice of inspection
of Amazon’s source code on April 18-22, 2011 and identifies the following persons as those who
will perform the review: Harish Daiya and Shahzeb Akhtar.
Eolas recognizes the agreement between the parties regarding Amazon’s production of
source code (as reflected in Joseph Lee’s email of December 9, 2010). It is understood that
Amazon has conducted a reasonable and diligent search for code in its present possession,
custody or control. With this understanding, Eolas requests that Amazon supplement its source
code production to include the code described below. Eolas understands that if Amazon chooses
not to (or is unable to) produce such code, Amazon will not point to the absence of such nonproduced source code to argue that Eolas has failed to meet its burden of proof on infringement.
(1) amazon.com
We request Amazon provide the code which generates webpages on amazon.com having
embedded interactive content as shown below. Such code was not located in Amazon’s previous
production. One such example is the webpage at URL http://www.amazon.com/Quicken-Deluxe2009-Video-Tutorial/dp/B0043L4LMU/ref=pd_vodsm_B0043L4LMU

March 30, 2011
Page 2

We expect the production to include not only the files used to provide the HTML content
(including, but not limited to any .htm, .html, .asp, .aspx .php, .jsp, .cs, .m, and .mi files), but also
the associated javascript, CSS and other files that are used for embedding interactive content in
the webpage.
Another example is the webpage at URL
http://www.amazon.com/gp/product/B002Y27P3M/ref=sv_kinc_0

Austin 66633v1

March 30, 2011
Page 3

We expect the production to include not only the files used to provide the HTML content
(including, but not limited to any .htm, .html, .asp, .aspx .php, .jsp, .cs, .m, and .mi files), but also
the associated javascript, CSS, SWF and other files that are used for embedding interactive
content on the webpage.
(2) webstorebyamazon.amazon.com
We request Amazon provide the code which generates webpages on
webstorebyamazon.amazon.com having embedded interactive content as shown below. Such
code was not located in Amazon’s previous production. One such example is the webpage at
URL http://webstorebyamazon.amazon.com/WebStore-Knowledge-Center/

Austin 66633v1

March 30, 2011
Page 4

We expect the production to include not only the files used to provide the HTML content
(including, but not limited to any .htm, .html, .asp, .aspx .php, .jsp, .cs, .m, and .mi files), but also
the associated javascript, CSS, SWF and other files that are used for embedding interactive
content in the webpage.
(3) Amazon Search Suggest
We request Amazon provide the server-side code for the Amazon search suggest
functionality. Such code was not located in Amazon’s previous production. These would include,
but not limited to, source code files which handle requests sent to
http://completion.amazon.com/search/complete

Austin 66633v1

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For example when a user enters text such as ‘camera’ in the Amazon search box, a
request is sent to
http://completion.amazon.com/search/complete?method=completion&q=camera&searchalias=aps&client=amazon-searchui&mkt=1&x=updateISSCompletion&sc=1&noCacheIE=1301416634236
(4) Amazon Book Preview
We request you to provide the code which generates webpages having interactive book
previewer as shown below. Such code was not located in Amazon’s previous production. One
such example is the webpage at URL http://www.amazon.com/Tigers-Wife-Novel-TeaObreht/dp/0385343833/ref=pd_sim_b_2

Austin 66633v1

March 30, 2011
Page 6

We expect the production to include not only the files used to provide the HTML content
(including, but not limited to any .htm, .html, .asp, .aspx .php, .jsp, .cs, .m, and .mi files), but also
the associated javascript, CSS and other files that are used for implementing Amazon Book
Preview on the webpage.
Please respond to indicate whether Amazon will be producing the source code requested herein
for Eolas’ upcoming code inspection. Please also respond to provide an on-site contact for our
reviewers during their inspection.
Sincerely,

Matt Rappaport
cc:

Matthew Douglas Powers
Christian J. Hurt
Jared B. Bobrow
Andrew Perito
Aaron Y. Huang

Austin 66633v1

[e-mail]

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]

March 30, 2011

VIA EMAIL
Edward R. Reines
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-446-LED; United States District Court of Texas; Eastern District.
Ebay Source Code Inspection

Dear Edward:
Pursuant to ¶13(b)(6) of the Protective Order, Eolas hereby provides notice of inspection
of eBay’s source code on April 18-22, 2011 and identifies the following persons as those who
will perform the review: Harish Daiya and Shahzeb Akhtar.
Eolas recognizes the agreement between the parties regarding eBay’s production of
source code (as reflected in Joseph Lee’s email of December 9, 2010). It is understood that eBay
has conducted a reasonable and diligent search for code in its present possession, custody or
control. With this understanding, Eolas requests that eBay supplement its source code production
to include the code described below. Eolas understands that if eBay chooses not to (or is unable
to) produce such code, eBay will not point to the absence of such non-produced source code to
argue that Eolas has failed to meet its burden of proof on infringement.
1. success.ebay.com
We request eBay provide the code which generates webpages on success.ebay.com
having embedded interactive content as shown below. Such code was not located in eBay’s
previous production. One such example is the webpage at URL
http://success.ebay.com/ns/seller-btolley.html:

March 30, 2011
Page 2

We expect the production to include not only the files used to provide the HTML content
(including, but not limited to any .htm, .html, .asp, .aspx .php, .jsp, and .cs files), but also the
associated javascript, CSS, SWF and other files that are used for embedding interactive content
on the webpage.
2. www.motors.ebay.com
We request eBay provide the code which generates webpages on www.motors.ebay.com
having embedded interactive content as shown below. Such code was not located in eBay’s
previous production. One such example is the webpage at URL http://www.motors.ebay.com/:

Austin 66628v1

March 30, 2011
Page 3

We expect the production to include not only the files used to provide the HTML content
(including, but not limited to any .htm, .html, .asp, .aspx .php, .jsp, and .cs files), but also the
associated javascript, CSS, SWF and other files that are used for embedding interactive content
on the webpage.
3. ebay.com
We request eBay provide the code which generates webpages on ebay.com having
embedded interactive content as shown below. Such code was not located in eBay’s previous
production. One such example is the webpage at URL http://cgi.ebay.com/Metric-Oil-Shaft-Seal30-x-42-x-08-30x42x8-Double-Lip/150488359891?pt=LH_DefaultDomain_0&hash=item2309ce23d3:

Austin 66628v1

March 30, 2011
Page 4

We expect the production to include not only the files used to provide the HTML content
(including, but not limited to any .htm, .html, .asp, .aspx .php, .jsp, and .cs files), but also the
associated javascript, CSS, SWF and other files that are used for embedding interactive content
on the webpage
4. givingworks.ebay.com
We request eBay provide the code which generates webpages on givingworks.ebay.com
having embedded interactive content as shown below. Such code was not located in eBay’s
previous production. One such example is the webpage at URL http://givingworks.ebay.com/:

Austin 66628v1

March 30, 2011
Page 5

We expect the production to include not only the files used to provide the HTML content
(including, but not limited to any .htm, .html, .asp, .aspx .php, .jsp, and .cs files), but also the
associated javascript, CSS, SWF and other files that are used for embedding interactive content
on the webpage.
5. neighborhoods.ebay.com
We request eBay provide the code which generates webpages on
neighborhoods.ebay.com having embedded interactive content as shown below. Such code was
not located in eBay’s previous production. One such example is the webpage at URL
http://neighborhoods.ebay.com:

Austin 66628v1

March 30, 2011
Page 6

We expect the production to include not only the files used to provide the HTML content
(including, but not limited to any .htm, .html, .asp, .aspx .php, .jsp, and .cs files), but also the
associated javascript, CSS, SWF and other files that are used for embedding interactive content
on the webpage.
6. antiques.shop.ebay.com
We request eBay provide the code which generates webpages on antiques.shop.ebay.com
having embedded interactive content as shown below. Such code was not located in eBay’s
previous production. One such example is the webpage at URL http://antiques.shop.ebay.com,
as viewed in early 2010:

Austin 66628v1

March 30, 2011
Page 7

We expect the production to include not only the files used to provide the HTML content
(including, but not limited to any .htm, .html, .asp, .aspx .php, .jsp, and .cs files), but also the
associated javascript, CSS, SWF and other files that are used for embedding interactive content
on the webpage.
7. services.ebay.com
We request eBay provide the code which generates webpages on services.ebay.com
having embedded interactive content as shown below. Such code was not located in eBay’s
previous production. One such example is the webpage at URL http://services.shop.ebay.com,
as viewed in early 2010:

Austin 66628v1

March 30, 2011
Page 8

We expect the production to include not only the files used to provide the HTML content
(including, but not limited to any .htm, .html, .asp, .aspx .php, .jsp, and .cs files), but also the
associated javascript, CSS, SWF and other files that are used for embedding interactive content
on the webpage.
8. coins.shop.ebay.com
We request eBay provide the code which generates webpages on coins.shop.ebay.com
having embedded interactive content as shown below. Such code was not located in eBay’s
previous production. One such example is the webpage at URL http://coins.shop.ebay.com, as
viewed in early 2010:

Austin 66628v1

March 30, 2011
Page 9

We expect the production to include not only the files used to provide the HTML content
(including, but not limited to any .htm, .html, .asp, .aspx .php, .jsp, and .cs files), but also the
associated javascript, CSS, SWF and other files that are used for embedding interactive content
on the webpage.
9. www.ebaygreenteam.com
We request eBay provide the code which generates webpages on
www.ebaygreenteam.com having embedded interactive content as shown below. Such code was
not located in eBay’s previous production. One such example is the webpage at URL
http://www.ebaygreenteam.com/ns/buy-green.html, as viewed in early 2010:

Austin 66628v1

March 30, 2011
Page 10

We expect the production to include not only the files used to provide the HTML content
(including, but not limited to any .htm, .html, .asp, .aspx .php, .jsp, and .cs files), but also the
associated javascript, CSS, SWF and other files that are used for embedding interactive content
on the webpage.
10. baby.shop.ebay.com
We request eBay provide the code which generates webpages on baby.shop.ebay.com
having embedded interactive content as shown below. Such code was not located in eBay’s
previous production. One such example is the webpage at URL http://baby.shop.ebay.com, as
viewed in early 2010:

Austin 66628v1

March 30, 2011
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We expect the production to include not only the files used to provide the HTML content
(including, but not limited to any .htm, .html, .asp, .aspx .php, .jsp, and .cs files), but also the
associated javascript, CSS, SWF and other files that are used for embedding interactive content
on the webpage.
11. business.shop.ebay.com
We request eBay provide the code which generates webpages on business.shop.ebay.com
having embedded interactive content as shown below. Such code was not located in eBay’s
previous production. One such example is the webpage at URL http://business.shop.ebay.com,
as viewed in early 2010:

Austin 66628v1

March 30, 2011
Page 12

We expect the production to include not only the files used to provide the HTML content
(including, but not limited to any .htm, .html, .asp, .aspx .php, .jsp, and .cs files), but also the
associated javascript, CSS, SWF and other files that are used for embedding interactive content
on the webpage.
12. dolls.shop.ebay.com
We request eBay provide the code which generates webpages on dolls.shop.ebay.com
having embedded interactive content as shown below. Such code was not located in eBay’s
previous production. One such example is the webpage at URL http://dolls.shop.ebay.com, as
viewed in early 2010:

Austin 66628v1

March 30, 2011
Page 13

We expect the production to include not only the files used to provide the HTML content
(including, but not limited to any .htm, .html, .asp, .aspx .php, .jsp, and .cs files), but also the
associated javascript, CSS, SWF and other files that are used for embedding interactive content
on the webpage.
13. art.shop.ebay.com
We request eBay provide the code which generates webpages on art.shop.ebay.com
having embedded interactive content as shown below. Such code was not located in eBay’s
previous production. One such example is the webpage at URL http://art.shop.ebay.com, as
viewed in early 2010:

Austin 66628v1

March 30, 2011
Page 14

We expect the production to include not only the files used to provide the HTML content
(including, but not limited to any .htm, .html, .asp, .aspx .php, .jsp, and .cs files), but also the
associated javascript, CSS, SWF and other files that are used for embedding interactive content
on the webpage.
14. photography.shop.ebay.com
We request eBay provide the code which generates webpages on
photography.shop.ebay.com having embedded interactive content as shown below. Such code
was not located in eBay’s previous production. One such example is the webpage at URL
http://photography.shop.ebay.com/:

Austin 66628v1

March 30, 2011
Page 15

We expect the production to include not only the files used to provide the HTML content
(including, but not limited to any .htm, .html, .asp, .aspx .php, .jsp, and .cs files), but also the
associated javascript, CSS, SWF and other files that are used for embedding interactive content
on the webpage.
15. cell-phones.ebay.com
We request eBay provide the code which generates webpages on cell-phones.ebay.com
having embedded interactive content as shown below. Such code was not located in eBay’s
previous production. One such example is the webpage at URL http://cellphones.shop.ebay.com/:

Austin 66628v1

March 30, 2011
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We expect the production to include not only the files used to provide the HTML content
(including, but not limited to any .htm, .html, .asp, .aspx .php, .jsp, and .cs files), but also the
associated javascript, CSS, SWF and other files that are used for embedding interactive content
on the webpage.
16. computers.ebay.com
We request eBay provide the code which generates webpages on computers.ebay.com
having embedded interactive content as shown below. Such code was not located in eBay’s
previous production. One such example is the webpage at URL http://computers.shop.ebay.com/:

Austin 66628v1

March 30, 2011
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We expect the production to include not only the files used to provide the HTML content
(including, but not limited to any .htm, .html, .asp, .aspx .php, .jsp, and .cs files), but also the
associated javascript, CSS, SWF and other files that are used for embedding interactive content
on the webpage.
17. video-games.ebay.com
We request eBay provide the code which generates webpages on video-games.ebay.com
having embedded interactive content as shown below. Such code was not located in eBay’s
previous production. One such example is the webpage at URL http://videogames.shop.ebay.com/:

Austin 66628v1

March 30, 2011
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We expect the production to include not only the files used to provide the HTML content
(including, but not limited to any .htm, .html, .asp, .aspx .php, .jsp, and .cs files), but also the
associated javascript, CSS, SWF and other files that are used for embedding interactive content
on the webpage.
18. electronics.ebay.com
We request eBay provide the code which generates webpages on electronics.ebay.com
having embedded interactive content as shown below. Such code was not located in eBay’s
previous production. One such example is the webpage at URL
http://electronics.shop.ebay.com/:

Austin 66628v1

March 30, 2011
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We expect the production to include not only the files used to provide the HTML content
(including, but not limited to any .htm, .html, .asp, .aspx .php, .jsp, and .cs files), but also the
associated javascript, CSS, SWF and other files that are used for embedding interactive content
on the webpage.
19. eBay Search Suggest
We request eBay provide the code which generates webpages having Autocomplete
functionality as shown below. Such code was not located in eBay’s previous production. One
such example is the webpage at URL http://www.ebay.com/

Austin 66628v1

March 30, 2011
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We expect the production to include not only the files required to generate the HTML
content used to provide the HTML content (including, but not limited to any .htm, .html, .asp,
.aspx .php, .jsp, and .cs files), but also the associated javascript (for example,
“Finding_BaseDS2,” “GH-ZAM_AdSurvey,” “GH-ZAM_ExpAd,” “GH-ZAM_PopupBox,”
“GH-ZAM_RtmDC,” “GH-ZAM_RedesignEbay,” “GH-ZAM_RedesignEbayRTM,” and
“Finding_eBayHomePage”), CSS and other files that are required for the AutoComplete
functionality of the webpage.
Please respond to indicate whether eBay will be producing the source code requested
herein for Eolas’ upcoming code inspection. Please also respond to provide an on-site contact for
our reviewers during their inspection.
Sincerely,

Matt Rappaport

Austin 66628v1

March 30, 2011
Page 21

cc:

Matthew Douglas Powers
Christian J. Hurt
Jared B. Bobrow
Andrew Perito
Aaron Y. Huang

Austin 66628v1

[e-mail]