Eolas Technologies Incorporated v. Adobe Systems Incorporated et al

Filing 795

Unopposed MOTION FOR LEAVE TO SUPPLEMENT ITS P.R. 3-1 INFRINGEMENT CONTENTIONS WITH RESPECT TO STAPLES' ADDED CAROUSEL FUNCTIONALITY by Eolas Technologies Incorporated. (Attachments: # 1 Exhibit A, # 2 Text of Proposed Order)(McKool, Mike)

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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. § § § Civil Action No. 6:09-CV-00446-LED § § § § JURY TRIAL § § § § § § § § § § § § § EOLAS’ UNOPPOSED MOTION FOR LEAVE TO SUPPLEMENT ITS P.R. 3-1 INFRINGEMENT CONTENTIONS WITH RESPECT TO STAPLES’ ADDED CAROUSEL FUNCTIONALITY 1 Dallas 326032v2 I. INTRODUCTION Eolas moves the Court for leave to supplement its P.R. 3-1 infringement contentions with respect to Staples and its new Carousel functionality as discussed herein. Staples does not oppose this request. This request does not extend to any other defendants in this action. II. EOLAS’ UNOPPOSED REQUEST FOR RELIEF 1. Eolas served its P.R. 3-1 infringement contentions against Staples on March 5, 2. Since March 5, 2010, Staples added new functionality to its accused products: 2010. namely the Carousel functionality included in the infringement contentions attached as Exhibit A hereto. Eolas provided Staples a copy of the infringement contentions attached as Exhibit A hereto, on June 28, 1011. On July 28, 2011, Staples indicated that it does not oppose Eolas’ request for leave to supplement its infringement contentions for the ’985 patent for Carousel functionality that it has added to its accused websites. Eolas will re-serve such contentions on Staples’ counsel within three days of the date the Court grants this motion. 1 Dallas 326032v2 DATED: July 29, 2011 Respectfully submitted, McKOOL SMITH P.C. By: /s/ Mike McKool Mike McKool Lead Attorney Texas State Bar No. 13732100 mmckool@mckoolsmith.com Douglas Cawley Texas State Bar No. 04035500 dcawley@mckoolsmith.com MCKOOL SMITH, P.C. 300 Crescent Court, Suite 1500 Dallas, Texas 75201 Telephone: (214) 978-4000 Telecopier: (214) 978-4044 Kevin L. Burgess Texas State Bar No. 24006927 kburgess@mckoolsmith.com John B. Campbell Texas State Bar No. 24036314 jcampbell@mckoolsmith.com Josh W. Budwin Texas State Bar No. 24050347 jbudwin@mckoolsmith.com Gretchen K. Harting Texas State Bar No. 24055979 gharting@mckoolsmith.com Matthew B. Rappaport Texas State Bar No. 24070472 mrappaport@mckoolsmith.com MCKOOL SMITH, P.C. 300 West Sixth Street, Suite 1700 Austin, Texas 78701 Telephone: (512) 692-8700 Telecopier: (512) 692-8744 ATTORNEYS FOR PLAINTIFF EOLAS TECHNOLOGIES INC. CERTIFICATE OF CONFERENCE Counsel for Eolas has conferred with counsel for Staples regarding the relief requested in this Motion. Defendant is unopposed to the relief requested in this Motion. /s/ John Campbell John Campbell 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 July 29, 2011. /s/ John Campbell John Campbell

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