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)

EXHIBIT 5

Page 1 of 2

From:

Christopher J. Mierzejewski

Sent:

Monday, June 27, 2011 1:46 PM

To:

Hermes, Rebecca R.; Stroy, Brandon

Cc:

Ropes Google Group; Eolas

Subject: Eolas v. Adobe - Current Discovery Summary from Google & YouTube
Counsel,
Here is the current list of topics on discovery from Google that we have recently discussed, as well as my
understanding of their current status. Please advise if your understanding of the status is different or
what additional issues you are tracking.
(1) Outstanding 30(b)(1) depositions: Google & YouTube's Initial Disclosure list + few others.
Current Status: Need deposition dates for Pisano and Webber when they are available. Half-days will be
sufficient. Holding on Newlin deposition till just after initial expert reports on infringement and invalidity
are served.
For folks from Initial Disclosures list: Eolas and Google and YouTube are still making decisions about any
who do not need deposed, based primarily on who will actually be used at trial.
(2) Outstanding 30(b)(6) depositions: served March 15 and 23.
Current Status: Two depositions taken over various topics. Several topics remaining. Kaustuv could not
answer questions about some of the topics, so those topics still need addressed. There were some other
questions asked of Stern and/or Kaustuv that could not be answered during the deposition but would be
provided later (such as the royalty payments under various licenses). Agreement that Eolas's expert
report on damages not due till 2 weeks after last of depositions taken on a certain subset of topics (joint
motion will be filed if required based on timing of the extension already provided by Court related to the
June 29th hearing). All topics need covered, though, and supplementation will address topics covered
after initial expert report is filed.
(3) Production of full disaggregation spreadsheet for 2009-present mentioned in 30b6 deposition.
Current Status: This document was mentioned in Kaustuv's deposition, and appears to be the best
document for preparing revenue numbers for various Accused Products. Eolas has requested this
document and is waiting production.
(4) Oracle v. Google case, Damages Expert Reports (responses, replies, sur-) and Daubert
briefing
Current Status: Google is gathering these documents. Google wants a 3-way conference call including
Oracle counsel to make sure there is no Confidentiality issue from Oracle on producing the documents.
(5) IV/IIF documents
Current Status: Google has provided initial IV/IIF documents. Additional documents were requested on
June 17th. Per Meet and Confer, Google will look for these documents. Google may provide a subset of
these documents Google believes most relevant, and Eolas will review whether that will be sufficient or if
more are needed.
(6) Google Music Release
Current Status: Eolas has provided Google with PICs on the product in preparation for supplementation.
Awaiting Google's response whether the motion for supplementation will be opposed or unopposed.
(7) Production of Google documents made public by the Massachusetts State Court in the
Skyhook case.
Current Status: Awaiting production of documents from Skyhook case.
(8) Contracts between Google and others concerning revenue sharing
Current Status: Unknown. Has Google finished production on this issue?
(9) Dashboard information
Current Status: Google has produced what it believes is sufficient dashboard information. Eolas is still

8/2/2011

Page 2 of 2
organizing the data, but believes certain data is missing. Google acknowledges that certain data will be missing due to
what Google tracks and can easily obtain. Once data is organized, need to reconcile the data that Eolas believes is
missing and that Google believes is not easily obtainable.

Sincerely,
Christopher J. Mierzejewski
Christopher J. Mierzejewski | McKool Smith
300 W. 6th Street, Suite 1700 | Austin, Texas 78701
telephone: [phone]
NOTICE OF CONFIDENTIALITY:
The information contained in and transmitted with this e-mail is SUBJECT TO THE ATTORNEY-CLIENT and ATTORNEY
WORK PRODUCT PRIVILEGE and is CONFIDENTIAL. It is intended only for the individual or entity designated above.
You are hereby notified that any dissemination, distribution, copying, use or reliance upon the information contained in
and transmitted with this e-mail by or to anyone other than the addressee designated above by the sender is
unauthorized and strictly prohibited. If you have received this e-mail in error, please notify the sender by reply
immediately. Any e-mail erroneously transmitted to you should be immediately destroyed.

8/2/2011