Eolas Technologies Incorporated v. Adobe Systems Incorporated et al

Filing 751

Joint MOTION to Stay by Eolas Technologies Incorporated. (Attachments: # 1 Text of Proposed Order)(McKool, Mike)

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF TEXAS
TYLER DIVISION
Eolas Technologies Incorporated,
Plaintiff,
vs.
Adobe Systems Inc., Amazon.com, Inc.,
Apple Inc., Argosy Publishing, Inc.,
Blockbuster Inc., CDW Corp.,
Citigroup Inc., eBay Inc., Frito-Lay, Inc.,
The Go Daddy Group, Inc., Google Inc.,
J.C. Penney Company, Inc., JPMorgan
Chase & Co., New Frontier Media, Inc.,
Office Depot, Inc., Perot Systems Corp.,
Playboy Enterprises International, Inc.,
Rent-A-Center, Inc., Staples, Inc., Sun
Microsystems Inc., Texas Instruments Inc.,
Yahoo! Inc., and YouTube, LLC
Defendants.

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§ Civil Action No. 6:09-CV-00446-LED
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JURY TRIAL
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JOINT MOTION TO STAY
Plaintiff Eolas Technologies Incorporated and Defendant Frito-Lay, Inc. (collectively
“the Parties”) hereby jointly and respectfully request that all activities (discovery, expert reports,
etc.) as to Frito-Lay, Inc. be stayed for two weeks. The Parties have reached an oral agreement
to settle this case subject to the drafting and execution of a written settlement and license
agreement that is acceptable to both parties. The Parties respectfully request this stay and
extension of all pre-trial deadlines so that the Parties may focus on the drafting and execution of
a written settlement and license agreement. The Parties seek to execute a formal settlement
agreement and stipulation of dismissal of all claims and counterclaims in this action within the
next two weeks. The Parties agree that this Motion does not affect the date of trial, jury selection
or the pretrial conference.

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Respectfully submitted,
MCKOOL SMITH, P.C.
/s/ Mike McKool
Mike McKool
Lead Attorney
Texas State Bar No. 13732100
[e-mail]
Douglas Cawley
Texas State Bar No. 04035500
[e-mail]
Holly Engelmann
Texas State Bar No. 24040865
[e-mail]
MCKOOL SMITH, P.C.
300 Crescent Court, Suite 1500
Dallas, Texas 75201
Telephone: [phone]
Telecopier: [phone]

/s/ Jeffrey Yee
Jeffrey K. Joyner (admitted pro hac vice)
[e-mail]
Jeffrey F. Yee (admitted pro hac vice)
[e-mail]
GREENBERG TRAURIG LLP
2450 Colorado Avenue, Suite 400E
Santa Monica, California 90404
Telephone: [phone]
Facsimile: [phone]
ATTORNEYS FOR DEFENDANT
FRITO-LAY, INC.

Kevin L. Burgess
Texas State Bar No. 24006927
[e-mail]
John B. Campbell
Texas State Bar No. 24036314
[e-mail]
Josh W. Budwin
Texas State Bar No. 24050347
[e-mail]
Gretchen K. Curran
Texas State Bar No. 24055979
[e-mail]
Matthew B. Rappaport
Texas State Bar No. 24070472
[e-mail]
MCKOOL SMITH, P.C.
300 West Sixth Street, Suite 1700
Austin, Texas 78701
Telephone: [phone]
Telecopier: [phone]
ATTORNEYS FOR PLAINTIFF
EOLAS TECHNOLOGIES, INC.

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CERTIFICATE OF SERVICE
The undersigned certifies that the foregoing document was filed electronically in
compliance with Local Rule CV-5(a). As such, this document was served on all counsel who
have consented to electronic service. Local Rule CV-5(a)(3)(A) on this July 6, 2011.

/s/ John B. Campbell
John B. Campbell

CERTIFICATE OF CONFERENCE
I hereby certify that counsel for Eolas Technologies Incorporated conferred with Jeffrey
Yee on behalf of Frito-Lay, Inc. on July 6, 2011, regarding the foregoing motion, who
represented that Frito-Lay, Inc. joins in this motion.
Dated: July 6, 2011
/s/ John B. Campbell
John B. Campbell

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