Eolas Technologies Incorporated v. Adobe Systems Incorporated et al

Filing 744

6.29.11 Minute Entry - Motion Hrg: for proceedings held before Judge Leonard Davis: Motion Hearing held on 6/29/2011 re 659 SEALED PATENT MOTION FOR DISCOVERY filed by Eolas; 634 MOTION FOR LEAVE TO SUPPLEMENT INFRINGEMENT CONTENTIONS filed by Eolas; 714 MOTION to Compel PRODUCTION filed by Eolas; 689 SEALED PATENT MOTION TO COMPEL DISCOVERY filed by Eolas; 675 SEALED PATENT MOTION FOR DISCOVERY filed by Eolas; 667 SEALED PATENT MOTION TO COMPEL AND FOR PRODUCTION filed by Eolas; 728 SEALED PATENT MOTION TO COMPEL DISCOVERY filed by Eolas. (Court Reporter Shea Sloan.) (Attachments: # 1 Attorney Sign-In Sheets) (rlf, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF TEXAS
TYLER DIVISION

DATE: June 29, 2011
REPORTER: Shea Sloan

JUDGE
LEONARD DAVIS
LAW CLERKS: Nicole Mitchell

EOLAS TECHNOLOGIES
INCORPORATED

CIVIL ACTION NO: 6:09-CV-446

V

MOTIONS HEARING

ADOBE SYSTEMS INCORPORATED
ATTORNEYS FOR PLAINTIFFS

ATTORNEY FOR DEFENDANT

SEE SIGN-IN SHEETS
On this day, came the parties by their attorneys and the following proceedings were had:
OPEN:
TIME:
2:05 pm

2:05 pm

ADJOURN: 3:30 PM

MINUTES:
Case called. Plaintiff announced ready. See Sign-In Sheets.
Mr. Parker presented a status report on settlements.
Court addressed the parties on trial setting and Markman opinion.
Defendants announced ready. See Sign-In Sheets.
Court addressed the parties on discovery.
Court will hear Eolas Motion to Supplement first - Document #634.
Mr. Budwin presented Eolas’s Motion for Leave to Supplement its Infringement
Contentions (Doc #634).
Mr. Batchelder responded. Mr. Budwin responded. Court will deny as moot as agreed by
the parties.
Court will move on to 659

DAVID J. MALAND, CLERK
FILED: 6.29.2011
BY: Rosa L. Ferguson, Courtroom Deputy

PAGE 2 - Proceedings Continued
TIME:

MINUTES:
Mr. Campbell presented Eolas’ Motion to Compel Discovery from JC Penney Regarding
Web Analytics (Docket #659).
Mr. Buether responded. Mr. Campbell replied. Court inquired as to the protection needed.
Mr. Buether responded. Court set out to make a time and place to make data review. Court
will give limited access. Court inquired as to Staples and Cit Group. Ms. Hutchins for
Staples and will work with plaintiff. Mr. Hardin addressed the Court on web IP addresses
and is confidential. Mr. Campbell does not have a need to look at the IP addresses.
Court will deny as moot Docket No. 659, 675 and 689. Mr. Campbell addressed the Court
on extension of time on expert reports. Court asked parties to work together.
Court will move on to Eolas’ Motion to Compel Designation of Rule 30(b)(6) Witnesses,
docket no. 667.
Mr. McKool presented Eolas’ Motion to Compel Designation of Rule 30(b)(6) Witnesses
(Docket No. 667).
Mr. Reines responded. Mr. McKool responded Court will grant Motion and Court will
entertain Motion for Attorney’s fees if they are requested. Court will attempt to work out.
Mr. Reines responded.
Court will move on to Docket No. 714.
Mr. Budwin presented Eolas’ Motion to Compel Production of Source Code from Ebay,
Inc and Amazon.com, Docket No. 714.
Mr. Reines responded. Court inquired when the template code can be produced. Mr.
Reines responded 10 days. Court inquired as to the Module code. Mr. Reines responded.
Mr. Budwin responded. Mr. Budwin asked for 3 weeks after the date. Court and parties
discussed timing of production. By parties agreement, Docket 714 is denied as moot.
Court will move on to Docket No. 728.
Mr. Campbell presented Eolas’ Motion to Compel Discovery from Ebay Regarding the
Ebay/Mercexchange license and Documents from Deposition of Ajay Gopal, Docket No.
728.
Mr. Reines responded. Motion is granted. Court and parties discussed the fact books. Court
grants motion, but extremely confidential.
Ms. Doan addressed the Court on the number of claims and asked to shorten the number of
claims.
Mr. Campbell responded and will work in getting down. Mr. Budwin responded as to prior
art references.
Court encouraged both sides to narrow the case.

3:30 pm

there being nothing further, Court adjourned for the day.