Eolas Technologies Incorporated v. Adobe Systems Incorporated et al

Filing 875

***FILED IN ERROR. SEE DOCUMENT 877 FOR CORRECT PLEADING*** MOTION to Seal Document [DEFENDANTS' MOTION FOR SUMMARY JUDGMENT OF INVALIDITY FOR LACK OF WRITTEN DESCRIPTION by Adobe Systems Incorporated, Amazon.com Inc., CDW Corporation, Citigroup Inc., Google Inc., J.C. Penney Company, Inc., Staples, Inc., The Go Daddy Group, Inc., Yahoo! Inc., YouTube, LLC. (Attachments: # 1 Affidavit, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C, # 5 Exhibit D, # 6 Exhibit E, # 7 Exhibit F, # 8 Exhibit G, # 9 Exhibit H, # 10 Exhibit I, # 11 Exhibit J, # 12 Exhibit K, # 13 Exhibit L, # 14 Exhibit M, # 15 Text of Proposed Order)(Reines, Edward) Modified on 8/18/2011 (mll, ).

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF TEXAS
TYLER DIVISION
)
)
)
Plaintiff,
)
)
vs.
) Civil Action No. 6:09-CV-446-LED
)
Adobe Systems Inc.; Amazon.com, Inc.; Apple Inc.;
)
CDW Corp.; Citigroup Inc.; eBay Inc.; Frito-Lay, Inc.;
) JURY TRIAL DEMANDED
The Go Daddy Group, Inc.; Google Inc.; J.C. Penney
)
Corporation, 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.
)
)
Adobe Systems Inc.; Amazon.com, Inc.; Apple Inc.; )
CDW LLC; eBay Inc.; Frito-Lay, Inc.; The Go Daddy )
)
Group, Inc.; Google Inc.; J.C. Penney Corporation,
Inc.; JPMorgan Chase & Co.; New Frontier Media, )
Inc.; Office Depot, Inc.; Perot Systems Corp.; Playboy )
Enterprises International, Inc.; Rent-A-Center, Inc.; )
)
Staples, Inc.; Oracle America, Inc. f/k/a Sun
Microsystems, Inc.; Texas Instruments Inc.; Yahoo! )
)
Inc.; and YouTube, LLC,
)
)
Counterclaimants,
)
)
vs.
)
)
Eolas Technologies Incorporated,
)
)
Counterdefendant.
)
Eolas Technologies Incorporated,

DECLARATION OF EDWARD R. REINES IN SUPPORT OF DEFENDANTS’ MOTION
FOR SUMMARY JUDGMENT OF INVALIDITY
FOR LACK OF WRITTEN DESCRIPTION

I, Edward R. Reines, hereby declare:
1.

I am an attorney with the law firm of Weil, Gotshal & Manges LLP, counsel of
record for Yahoo! Inc. (“Yahoo”) and Amazon.com, Inc. (“Amazon”)
(collectively, “Defendants”) in the above-captioned matter. I submit this
declaration based on personal knowledge following a reasonable investigation. If
called upon as a witness, I could competently testify to the truth of each statement
herein.

2.

I declare under penalty of perjury under the laws of the United States of America

that the foregoing is true and correct.
3.

Attached hereto as Exhibit A is a true and correct copy of the United States

Patent 5,838,906 dated November 17, 1998.
4.

Attached hereto as Exhibit B is a true and correct copy of the United States

Patent 7,599,985 dated October 6, 2009.
5.

Attached hereto as Exhibit C is a true and correct copy of Applicants’ Response

from the U.S. Patent 5,838,906 Prosecution History dated August 6, 1996.
6.

Attached hereto as Exhibit D is a true and correct copy of excerpts to the

Deposition of Michael Doyle dated June 30, 2011.
7.

Attached hereto as Exhibit E is a true and correct copy of Applicants’ Response

in the U.S. Patent 7,599,985 Prosecution History dated February 5, 2009.
8.

Attached hereto as Exhibit F is a true and correct copy of excerpts to the

Deposition of Cheong Ang dated July 7, 2011.
9.

Attached hereto as Exhibit G is a true and correct copy of Declaration of Edward

W. Felten dated September 27, 2007 accompanying Applicants’ Response in U.S. Patent
5,838,906 Reexamination.
10.

Attached hereto as Exhibit H is a true and correct copy of excerpts to the Expert

Report of David Martin dated July 20, 2011.
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11.

Attached hereto as Exhibit I is a true and correct copy of excerpts to the

Microsoft trial transcript dated July 9, 2003 before the Honorable James B. Zagel regarding Case
No. 99 C 626 in the United States District Court Northern District of Illinois Eastern Division.
12.

Attached hereto as Exhibit J is a true and correct copy of the Notice of Intent to

Issue Reexamination Certificate dated September 27, 2005 regarding U.S. Patent 5,838,906.
13.

Attached hereto as Exhibit K is a true and correct copy of excerpts to the Expert

Report of Richard L. Phillips dated July 20, 2011.
14.

Attached hereto as Exhibit L is a true and correct copy of the Applicants’

Response from the U.S. Patent 5,838,906 prosecution history dated June 2, 1997.
15.

Attached hereto as Exhibit M is a true and correct copy of Applicants’ Response

from the U.S. Patent 7,599,985 Prosecution History dated March 11, 2005.

Executed:

August 17, 2011

__/s/ Edward R. Reines____________________
Edward R. Reines
Attorney for Defendants Yahoo! Inc. and
Amazon.com, Inc.

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