Eolas Technologies Incorporated v. Adobe Systems Incorporated et al

Filing 815

Opposed MOTION for Leave to File Supplement to its PR 3-1 Infringement Contentions with Respect to Google Music and Google+ by Eolas Technologies Incorporated. (Attachments: # 1 Affidavit Declaration, # 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 Text of Proposed Order 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., 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-446

JURY TRIAL

DECLARATION OF CHRISTOPHER MIERZEJEWSKI IN SUPPORT OF EOLAS’
MOTION FOR LEAVE TO SUPPLEMENT ITS P.R. 3-1 INFRINGEMENT
CONTENTION WITH RESPECT TO GOOGLE MUSIC AND GOOGLE+
I, Christopher Mierzejewski, do state and declare as follows:
1.

I am an attorney with the law firm of McKool Smith PC (McKool Smith), counsel

for Plaintiff Eolas Technologies Incorporated (Eolas) in this action. I make this declaration in
support of Eolas’ Motion For Leave to Supplement Its Infringement Contentions, filed herewith.
Unless otherwise stated, the matters contained in this declaration are of my own personal
knowledge and, if called as a witness, I could and would testify competently to the matters set
forth herein.
2.

Attached hereto as Exhibit 1 is a true and correct copy of a letter from Josh W.

Budwin, counsel for Eolas, to Christopher C. Carnaval, counsel for Google, served on Google on
March 5, 2010, in this matter. This letter included Eolas’ Infringement Contentions.

3.

Attached hereto as Exhibit 2 is a true and correct copy of an e-mail from Mr.

Mierzejewski, counsel for Eolas, to counsel for Google, sent on May 10, 2011, in this matter.
4.

Attached hereto as Exhibit 3 is a true and correct copy of an e-mail from Mr.

Mierzejewski, counsel for Eolas, to counsel for Google, sent on June 9, 2011, in this matter.
5.

Attached hereto as Exhibit 4 is a true and correct copy of an e-mail from Mr.

Mierzejewski, counsel for Eolas, to Mr. Stroy, counsel for Google, sent on June 24, 2011, in this
matter. This email included Eolas’ infringement contentions directed to Google Music.
6.

Attached hereto as Exhibit 5 is a true and correct copy of an e-mail from Mr.

Mierzejewski, counsel for Eolas, to counsel for Google, sent on June 27, 2011, in this matter.
7.

Attached hereto as Exhibit 6 is a true and correct copy of a letter from Ms.

Hermes, counsel for Google, to Mr. Mierzejewski, counsel for Eolas, sent on July 1, 2011, in this
matter.
8.

Attached hereto as Exhibit 7 is a true and correct copy of an e-mail from Mr.

Mierzejewski, counsel for Eolas, to counsel for Google, sent on July 8, 2011, in this matter.
9.

Attached hereto as Exhibit 8 is a true and correct copy of an e-mail from Mr.

Mierzejewski, counsel for Eolas, to counsel for Google, sent on July 5, 2011, in this matter.
10.

Attached hereto as Exhibit 9 is a true and correct copy of an e-mail from Mr.

Mierzejewski, counsel for Eolas, to counsel for Google, sent on July 19, 2011, in this matter.
11.

Attached hereto as Exhibit 10 is a true and correct copy of a letter from Mr.

Mierzejewski, counsel for Eolas, to Ms. Rao, counsel for Google, sent on July 29, 2011, in this
matter. This email included Eolas’ infringement contentions directed to Google+.

12.

Attached hereto as Exhibit 11 is a true and correct copy of an e-mail from Mr.

Stroy, counsel for Google, sent to Mr. Mierzejewski, counsel for Eolas, sent on July 29, 2011, in
this matter.
13.

Attached hereto as Exhibit 12 is true and correct copies of Eolas' proposed

Supplemental Infringement Contentions for Google Music and Google+.
I declare under penalty of perjury that the foregoing is true and correct and that this
declaration was executed on August 2,2011, in Austin, Texas.

Christopher Mierzejewski