Eolas Technologies Incorporated v. Adobe Systems Incorporated et al

Filing 896

Unopposed MOTION for Extension of Time to File Motion to Strike as to David Martin's Expert Report by Staples, Inc.. (Attachments: # 1 Text of Proposed Order)(Richardson, Michael)

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTzuCT OF TEXAS
TYLER DIVISION
Eolas Technologies Incorporated

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Plaintift

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Adobe Systems Inc. et al.,

Civil Action No. 6:09-cv-00446-LED

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Defendants.

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DEFENDANT STAPLES, INC.'S UNOPPOSED MOTION FOR EXTENSION OF
TIME TO F'ILE MOTION TO STRIKE AS TO DAVID MARTIN'S EXI'ERT REPORT
Defendant Staples, Inc. ("Staples") files this Unopposed Motion for Extension of Time to

File a Motion to Strike as to David Martin's Expert Report. In support of which, Staples would
show as follows:

1.

The deadline for filing Daubert motions is August

2.

Plaintiff Eolas Technologies Incorporated ("Plaintiff') has served an expert

19,20II'

report, written by David Martin ("Martin Report"), regarding Staples' alleged infringement of
the patents-in-suit.

3.

A dispute exists between Eolas and Staples as to whether all of the infringement

allegations offered

in the Martin

Report were adequately disclosed

in Eolas'

infringement

contentions.

4.
issue

Eolas and Staples have not been able to arrange a LR 7 meet-and-confer on this

until Monday, August 22,2011. If the parties are not able to resolve their dispute, Staples

will move to strike portions of the Martin
disclosed in Eolas' infringement contentions.

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Report that Staples contends were not adequately

5.

Staples requests that the Court extend the deadline by which such a motion to

strike must be filed until Tuesday, August 23,2011 so that Eolas and Staples can first conduct
their meet-and-confer.

6.

Eolas does not oppose this motion for extension of time.

WHEREFORE, Staples requests that the deadline for Staples to file a motion to strike as

to the expert report of David Martin be extended until Tuesday, August 23,2011; and for all
such other relief to which

Date: August 19,201I

it may show itselfjustly entitled.

Respectfully submitted,

lsl Michael E. Richardson
Michael E. Richardson, TX Bar No. 24002838
BECK REDDEN & SECREST
l22l McKinney, Suite 4500
Houston, TX77010
Telephone: [phone]
Facsimile: (7 13) 951 -37 20
mrichardson@brs fi rm. com

Mark G. Matuschak, admitted pro hac vice
Donald R. Steinberg, admitted pro hac vice
V/ILMER CUTLER PICKERING
HALE AND DORR LLP
60 State Street
Boston, MA 02109
Telephone: [phone]
Facsimile: [phone]
mark. matuschak@wilmerhale. com
donald. steinberg@wilmerhale. com
Kate Hutchins, admitted pro hac vice

WILMER CUTLER PICKERING
HALE AND DORR LLP
399 Park Avenue

New York, NY l00l I
Telephone : [phone]
Facsimile: [phone]
kate. hutchins@wilmerhale. com

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Daniel V. Williams, admitted pro hac vice
WILMER CUTLER PICKERING
HALE AND DORR LLP
1875 Pennsylvania Avenue NW
Washington, DC 20006
Telephone: [phone]
Facsimile: (202) 663 -63 63
daniel.wil liams@wilmerhale. com

ATTORNEYS FOR DEFENDANT
STAPLES, INC.

CERTIFICATE OF CONFERENCE
The undersigned certifies that Counsel for Staples has conferred with Counsel for Eolas
regarding the foregoing motion, and Eolas is unopposed to the relief requested herein.

/s/ Michael E. Richardson
Michael E. Richardson

CERTIFICATE OF SERVICE
The undersigned certifies that the foregoing document was filed electronically in
compliance with Local Rule CV-5(a). As such, this document was served on all counsel who
have consented to electronic service on this 19th day of August, 2011.

/s/_Michael Richardson
Michael Richardson

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