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)

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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EOLAS’ UNOPPOSED MOTION FOR LEAVE TO SUPPLEMENT
ITS P.R. 3-1 INFRINGEMENT CONTENTIONS
WITH RESPECT TO STAPLES’ ADDED CAROUSEL FUNCTIONALITY

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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.

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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
[e-mail]
Douglas Cawley
Texas State Bar No. 04035500
[e-mail]
MCKOOL SMITH, P.C.
300 Crescent Court, Suite 1500
Dallas, Texas 75201
Telephone: [phone]
Telecopier: [phone]
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. Harting
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.

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