Eolas Technologies Incorporated v. Adobe Systems Incorporated et al

Filing 817

Unopposed MOTION to Expedite EOLAS' UNOPPOSED MOTION FOR EXPEDITED BRIEFING ON EOLAS' MOTION FOR LEAVE TO SUPPLEMENT ITS P.R. 3-1 INFRINGEMENT CONTENTIONS WITH RESPECT TO GOOGLE MUSIC AND GOOGLE+ 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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JURY TRIAL
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EOLAS’ UNOPPOSED MOTION FOR EXPEDITED BRIEFING ON
EOLAS’ MOTION FOR LEAVE TO SUPPLEMENT ITS P.R. 3-1 INFRINGEMENT
CONTENTIONS WITH RESPECT TO GOOGLE MUSIC AND GOOGLE+
On August 2, 2011, Plaintiff Eolas Technologies Incorporated (“Eolas”) filed its Motion
for Leave to Supplement Its P.R. 3-1 Infringement Contentions With Respect to Google Music
and Google+. (Dkt. No. 815). Eolas requests that the Court issue an expedited briefing schedule
on this motion and address the motion on an expedited basis.
Because the issues are straight-forward, the issues have been addressed before in similar
motions and they have been pending as to Google Music and Google+ for some time, and
because the parties will benefit from knowing the result of Eolas’ motion to supplement its
infringement contentions, Eolas requests that the Court set an expedited briefing schedule for
Eolas’ Motion to Supplement Its P.R. 3-1 Infringement Contentions, as set forth below:
Defendants’ opposition brief due:

Wednesday, August 10, 2011.

Eolas’ reply brief due:

Monday, August 15, 2011.

WHEREFORE, Eolas therefore requests the Court grant the expedited briefing schedule
as outlined above and in the attached Order.
DATED: August 3, 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. 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.

CERTIFICATE OF CONFERENCE
Counsel for Plaintiff conferred with Counsel for Defendant regarding the relief requested
in this motion on August 2, 2011. Counsel for Defendant stated that they do not oppose the
relief sought in this motion.
/s/ Christopher Mierzejewski
Christopher Mierzejewski

CERTIFICATE OF SERVICE
I hereby certify that counsel of record are being served with a copy of this document via
electronic mail on this day, August 3, 2011.
/s/ Christopher Mierzejewski
Christopher Mierzejewski