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 8

Page 1 of 3
Matt Rappaport
From:

Perito, Andrew [[e-mail]]

Sent:

Saturday, April 16, 2011 6:40 PM

To:

Matt Rappaport; Jennifer Polleys

Cc:

Eolas; Amazon-Eolas; EBay-Eolas; Yahoo-Eolas

Subject: RE: Eolas v. Adobe et al. - Amazon.com, eBay, and Yahoo!

Matt,
Amazon, eBay and Yahoo! have produced and/or made available for inspection the source code
that implements the functionality those parties understand was accused of infringement in Eolas'
infringement contentions, as explained in the Dec. 9, 2010 email from Joseph Lee. After a
reasonable and diligent search in light of your requests, we do not understand that source code
implementing the accused functionalities is missing from the source code already produced
and/or made available. In addition, at this point we are unable to determine whether the Yahoo!
Maps code that responds to the URL you have identified in your request to Yahoo! has been
produced and/or made available. We continue to investigate this matter and are willing to work
with your technical team to ensure that we understand your request and are able to timely
supplement, if necessary.
Best,
Andrew

Andrew Perito

Weil, Gotshal & Manges LLP
201 Redwood Shores Parkway
Redwood Shores, CA 94065-1134
[e-mail]
[phone] Direct
[phone] Fax

From: Matt Rappaport [mailto:[e-mail]]
Sent: Friday, April 15, 2011 1:37 PM
To: Matt Rappaport; Perito, Andrew; Jennifer Polleys
Cc: Eolas; Amazon-Eolas; EBay-Eolas; Yahoo-Eolas
Subject: RE: Eolas v. Adobe et al. - Amazon.com, eBay, and Yahoo!
Counsel for Amazon, eBay, and Yahoo,
As you know, Eolas will be inspecting Amazon, eBay and Yahoo's source code beginning on Monday
April 18. Despite repeated requests for a response, none of Amazon, eBay or Yahoo have indicated
whether they will be producing the code Eolas detailed in its March 30 correspondence to each of these
defendants.
I ask once again for a response to my correspondence to each of Amazon, eBay, and Yahoo from March
30. Thank you.

From: Matt Rappaport
Sent: Wednesday, April 13, 2011 4:32 PM

6/12/2011

Page 2 of 3
To: Perito, Andrew; Jennifer Polleys
Cc: Eolas; Amazon-Eolas; EBay-Eolas; Yahoo-Eolas
Subject: RE: Eolas v. Adobe et al. - Amazon.com, eBay, and Yahoo!
Thanks Andrew.
Please further advise regarding Amazon, eBay, and Yahoo's production of source code, as detailed in my March 30
correspondence separately sent to each of Amazon, eBay and Yahoo. These issues have been outstanding for two
weeks. As inspection of source code will occur next week your prompt attention to this matter is required.
Best,
Matt

From: Perito, Andrew [mailto:[e-mail]]
Sent: Thursday, April 07, 2011 7:20 PM
To: Matt Rappaport; Jennifer Polleys
Cc: Eolas; Amazon-Eolas; EBay-Eolas; Yahoo-Eolas
Subject: RE: Eolas v. Adobe et al. - Amazon.com, eBay, and Yahoo!

Matt, we will make available for inspection the previously produced source code for Amazon, eBay and Yahoo! on April 
18‐22 at our Silicon Valley offices.   We are looking into your requests for supplemental source code from each of the 
parties and will get back to you regarding those requests.

Our paralegal Joanna Lahtinen ([e-mail], 650.802.3107) will be your reviewers' contact for the 
inspection.

Best,
Andrew

Andrew Perito

Weil, Gotshal & Manges LLP
201 Redwood Shores Parkway
Redwood Shores, CA 94065-1134
[e-mail]
[phone] Direct
[phone] Fax

From: Matt Rappaport [mailto:[e-mail]]
Sent: Thursday, April 07, 2011 2:02 PM
To: Jennifer Polleys; Reines, Edward
Cc: Eolas; Amazon-Eolas
Subject: RE: Eolas v. Adobe et al. - Amazon.com
Counsel for Amazon,
Please advise, as we have yet to hear from Amazon in response to my correspondence of March 30, 2011.
In particular, please respond to indicate whether Amazon will produce the source code requested in my correspondence
for Eolas’ inspection on April 18-22. Please also respond to provide an on-site contact for our reviewers during their
inspection.

6/12/2011

Page 3 of 3
Thank you.
Matt Rappaport | Attorney | McKool Smith
300 W. 6th Street, Suite 1700 | Austin, TX 78701
telephone: [phone] | fax: [phone]
[e-mail]
NOTICE OF CONFIDENTIALITY:
The information contained in and transmitted with this e-mail is SUBJECT TO THE ATTORNEY-CLIENT and ATTORNEY WORK PRODUCT PRIVILEGE and is
CONFIDENTIAL. It is intended only for the individual or entity designated above. You are hereby notified that any dissemination, distribution, copying, use or
reliance upon the information contained in and transmitted with this e-mail by or to anyone other than the addressee designated above by the sender is
unauthorized and strictly prohibited. If you have received this e-mail in error, please notify the sender by reply immediately. Any e-mail erroneously transmitted to
you should be immediately destroyed.

From: Jennifer Polleys
Sent: Wednesday, March 30, 2011 3:06 PM
To: '[e-mail]'
Cc: Eolas; '[e-mail]'
Subject: Eolas v. Adobe et al. - Amazon.com
Please see the attached correspondence from Matt Rappaport.

Jennifer J. Polleys
Legal Assistant | Software Support
McKool Smith, P.C. | 300 W. 6th Street, Suite 1700 | Austin, Texas 78701
512/853-8439 | [e-mail]
NOTICE OF CONFIDENTIALITY:
The information contained in and transmitted with this e-mail is SUBJECT TO THE ATTORNEY-CLIENT and ATTORNEY WORK PRODUCT PRIVILEGE and is
CONFIDENTIAL. It is intended only for the individual or entity designated above. You are hereby notified that any dissemination, distribution, copying, use or
reliance upon the information contained in and transmitted with this e-mail by or to anyone other than the addressee designated above by the sender is
unauthorized and strictly prohibited. If you have received this e-mail in error, please notify the sender by reply immediately. Any e-mail erroneously transmitted to
you should be immediately destroyed.

The information contained in this email message is intended only for use of the individual or entity named above. If the
reader of this message is not the intended recipient, or the employee or agent responsible to deliver it to the intended
recipient, you are hereby notified that any dissemination, distribution or copying of this communication is strictly
prohibited. If you have received this communication in error, please immediately notify us by email
([e-mail]), and destroy the original message. Thank you.

The information contained in this email message is intended only for use of the individual or entity named above. If the
reader of this message is not the intended recipient, or the employee or agent responsible to deliver it to the intended
recipient, you are hereby notified that any dissemination, distribution or copying of this communication is strictly
prohibited. If you have received this communication in error, please immediately notify us by email
([e-mail]), and destroy the original message. Thank you.

6/12/2011