Eolas Technologies Incorporated v. Adobe Systems Incorporated et al

Filing 867

STIPULATION Joint Stipulation of No Pre-Suit Damages by Adobe Systems Incorporated, Amazon.com Inc., CDW Corporation, Citigroup Inc., Eolas Technologies Incorporated, Google Inc., J.C. Penney Company, Inc., Staples, Inc., The Go Daddy Group, Inc., Yahoo! Inc., YouTube, LLC. (Attachments: # 1 Exhibit A, # 2 Text of Proposed Order)(Reines, Edward)

EXHIBIT A

UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF TEXAS
TYLER DIVISION

EOLAS TECHNOLOGIES
INCORPORATED,
PLAINTIFF,
v.
ADOBE SYSTEMS INC., ET AL.
DEFENDANTS.

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CIVIL ACTION NO. 6:09-CV-446-LED

DEFENDANTS GOOGLE INC. AND YOUTUBE LLC’S NOTICE OF RULE 30(B)(6)
DEPOSITION TO EOLAS TECHNOLOGIES INCORPORATED

PLEASE TAKE NOTICE that pursuant to Rule 30(b)(6) of the Federal Rules of
Civil Procedure on August 3, 2011, at 9:00 a.m., at the offices of McKool Smith P.C., 300 W.
6th Street, Suite 1700, Austin, TX. 78701, or at a date, time and location to be agreed upon by
counsel, Defendants Google Inc. (“Google”) and YouTube LLC (“YouTube”), through their
attorneys, will take the deposition of Eolas Technologies Incorporated (“Eolas”), and continuing
from day to day thereafter, excluding weekends and holidays, until completed. The deposition
will be recorded by a videographer and/or a certified court reporter.
DEFENDANTS GOOGLE INC. AND YOUTUBE LLC’S NOTICE OF RULE 30(B)(6) DEPOSITION
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Eolas shall designate one or more of its officers, directors, agents, or other
persons as are most qualified, knowledgeable, and competent to testify on its behalf as to all
topics set forth in the attached Schedule A. Google and YouTube request that Eolas provides in
writing the name or names of the person or persons who will testify on Eolas’ behalf concerning
the topics specified in the attached Schedule A, and identify the particular topic or topics for
which each witness will be prepared to testify on or before July 29, 2011.
You are required to produce the person or persons at the indicated time and place,
unless otherwise agreed upon, and are invited to attend and cross-examine.
Dated: July 22, 2011

/s/ Sasha G. Rao
James R. Batchelder (pro hac vice)
[e-mail]
Sasha G. Rao (pro hac vice)
[e-mail]
Mark D. Rowland
[e-mail]
Brandon Stroy (pro hac vice)
[e-mail]
Rebecca R. Hermes (pro hac vice)
[e-mail]
Han Xu (pro hac vice)
[e-mail]
ROPES & GRAY LLP
1900 University Avenue, 6th Floor
East Palo Alto, California 94303-2284
Telephone: [phone]
Facsimile: [phone]
Michael E. Jones (Bar No. 10929400)
[e-mail]
Allen F. Gardner (Bar No. 24043679)
[e-mail]
POTTER MINTON
A Professional Corporation
110 N. College, Suite 500
Tyler, TX 75702
Telephone:
[phone]
Facsimile:
[phone]
ATTORNEYS FOR DEFENDANTS
GOOGLE INC. AND YOUTUBE LLC

DEFENDANTS GOOGLE INC. AND YOUTUBE LLC’S NOTICE OF RULE 30(B)(6) DEPOSITION
TO EOLAS TECHNOLOGIES INCORPORATED
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SCHEDULE A
Definitions
1. As used herein, “ALL” means “any and all”; “ANY” means “any and all.”
2. As used herein, “INCLUDES” means “includes but not limited to” and “INCLUDING”
means “including but not limited to.”
3. As used herein, the term “COMMUNICATION(S)” shall mean the transmission or
receipt of information of any kind through any means, including but not limited to speech,
writing, language (machine, foreign, or otherwise), computer electronics of any kind, magnetic
tape, video tape, photograph, graph, symbol, sign, magnetic or optical disk, sound, radio and/or
video signal, telephone, teletype, telecommunication, telegram, microfilm, microfiche, file,
facsimile, electronic mail, instant message, internet relay chat, news group, teleconference, or
media of any kind.
4. As used herein, “DOCUMENT(S),” or any variant thereof, shall be defined to the
broadest extent permitted by Rule 34 of the Federal Rules of Civil Procedure and includes,
whenever applicable and without limitation, both “documents” and “electronically stored
information,” and further includes to the extent that same are within the possession, custody, or
control of Defendant, the originals (absent any original, a copy) of any recordation of any
intelligence or information, whether handwritten, typed, printed or otherwise magnetically,
optically, visually or aurally stored or reproduced, INCLUDING letters, correspondence,
memoranda, telegrams, notes, reports, compilations, data, notebooks, laboratory notebooks, work
papers, graphs, charts, blueprints, books, pamphlets, brochures, circulars, manuals, instructions,
ledgers, drawings (INCLUDING engineering, assembly and detail drawings), sketches,
photographs, diaries, sales literature, advertising literature, agreements, minutes of meetings,
DEFENDANTS GOOGLE INC. AND YOUTUBE LLC’S NOTICE OF RULE 30(B)(6) DEPOSITION
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punch cards, magnetic tape or wire, other machine producible records INCLUDING films,
videotapes and sound reproductions, printout sheets, electronic records such as electronic mail,
summaries or records of telephone conversations, personal conversations or interviews, and any
and all other writings, typings, printings, drafts, copies, and/or mechanical, magnetic, optic, or
photographic reproductions or recordations thereof in the possession, custody or control of
Plaintiff or known to Plaintiff whether or not prepared by Plaintiff.
5. As used herein, “REGARDING” mean constituting, comprising, evidencing, reflecting,
respecting, discussing, referring, stating, describing, recording, noting, considering, embodying,
evaluating, analyzing, mentioning, containing, concerning, indicating, pertaining, showing,
bearing upon or studying, or any other term synonymous with or similar to the foregoing.
6. As used herein, “PATENTS-IN-SUIT” means U.S. Patent No. 5,838,906 (the “’906
Patent”) and U.S. Patent No. 7,599,985 (the “’985 Patent”).
7. As used herein, “PERSON” means any natural person, business entity, firm, corporation,
partnership, association, organization, company, corporation, joint venture, firm, proprietorship,
trust, estate, agency, board, authority, commission, trust, unincorporated organization, group,
legal or governmental entity or association, or other entity of any kind, including but not limited
to (where appropriate) any owners, directors, partners, officers, shareholders, employees,
successors, insurers, assigns, affiliates, agents, and/or counsel, and any representatives or persons
that at any time have acted, are purported to act, or are authorized to act on that person’s behalf.
8. As used herein, “LICENSEE(S)” includes but is not limited to patent licensees, software
licensees, resellers, distributors, original equipment manufacturers (“OEMs”), and any PERSON
authorized to practice the one or more of the PATENTS-IN-SUIT.

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9. As used herein, “PRODUCT(S)” is used in its customary, broad sense and INCLUDES
any concept, design, functional specification, architecture, system, software (INCLUDING
object and source code), device, component, article of manufacture, apparatus, or
instrumentality, whether or not it has ever been made, used, marketed, advertised, disclosed,
discussed, sold, or offered for sale.
10. As used herein, the terms “IDENTIFY” and “IDENTIFICATION” when used in
reference to a DOCUMENT, COMMUNICATION, or publication means to provide information
INCLUDING the date, author(s), recipient(s), format (i.e. memorandum, book, photograph, etc.),
title, and subject matter of that DOCUMENT or publication.
11. As used herein, the terms “IDENTIFY” and “IDENTIFICATION” when used in
reference to a PERSON means provide information INCLUDING that PERSON’s full name,
residence and business telephone numbers, present residence and business addresses if known,
and that PERSON’s present or last known title, position, and business affiliation, where
applicable.
12. As used herein, the term “EOLAS” means Eolas Technologies, Inc., its divisions,
subsidiaries, predecessors-in-interest, and successors-in-interest, any joint venture to which any
of the foregoing has ever been a party, and its officers, directors, employees, consultants, agents,
and accountants, including any entity who has served in any such capacity at any time.

DEFENDANTS GOOGLE INC. AND YOUTUBE LLC’S NOTICE OF RULE 30(B)(6) DEPOSITION
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Topics
1. ALL factual and other bases for ALL contentions by EOLAS REGARDING EOLAS’
compliance with 35 U.S.C. § 287(a).
2. ALL facts REGARDING the identity of (a) the patented articles in connection with the
PATENTS-IN-SUIT, (b) the PRODUCTS that practice the PATENTS-IN-SUIT, and (c) the
PRODUCTS authorized to practice the PATENTS-IN-SUIT.
3. ALL facts REGARDING marking by ALL PERSONS authorized to practice one or more
of the PATENTS-IN-SUIT, INCLUDING the IDENTIFICATION of such PERSONS.
4. ALL facts REGARDING marking by ALL LICENSEES.
5. ALL COMMUNICATIONS between EOLAS and LICENSEES REGARDING marking.
6. ALL facts REGARDING whether or not EOLAS required LICENSEES to mark ANY
PRODUCT or patented article with any of the PATENTS-IN-SUIT.
7. ALL facts REGARDING whether or not EOLAS required LICENSEES to mark ANY
web page with any of the PATENTS-IN-SUIT.
8. ALL facts REGARDING any efforts or attempts by EOLAS to enforce any requirement
of LICENSEES to mark ANY PRODUCT or patented article with any of the PATENTS-INSUIT.
9. ALL facts REGARDING any efforts or attempts by EOLAS to enforce any requirement
of LICENSEES to mark ANY web page with any of the PATENTS-IN-SUIT.
10. ALL DOCUMENTS REGARDING Topics 1-9, INCLUDING IDENTIFICATION of
those DOCUMENTS.
11. ALL PEOPLE with knowledge REGARDING Topics 1-9, INCLUDING
IDENTIFICATION of those PEOPLE.

DEFENDANTS GOOGLE INC. AND YOUTUBE LLC’S NOTICE OF RULE 30(B)(6) DEPOSITION
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CERTIFICATE OF SERVICE
I hereby certify that Plaintiff’s counsel is being served this 22nd day of July, 2011, with a
copy of this document via electronic mail.
/s/ Lauren N. Robinson

DEFENDANTS GOOGLE INC. AND YOUTUBE LLC’S NOTICE OF RULE 30(B)(6) DEPOSITION
TO EOLAS TECHNOLOGIES INCORPORATED

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