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)

Download PDF
IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTzuCT OF TEXAS TYLER DIVISION Eolas Technologies Incorporated $ $ Plaintift $ $ $ $ Adobe Systems Inc. et al., Civil Action No. 6:09-cv-00446-LED $ $ Defendants. $ $ $ 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. ACTIVEUS 90400334v1 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: (7 13) 951 -6284 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: (617) 526-6000 Facsimile: (617) 526-5000 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 : (212) 230 -8800 Facsimile: (212) 230-8888 kate. hutchins@wilmerhale. com ACTIVEUS 90400334v1 Daniel V. Williams, admitted pro hac vice WILMER CUTLER PICKERING HALE AND DORR LLP 1875 Pennsylvania Avenue NW Washington, DC 20006 Telephone: (202) 663 -6000 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 ACTIVEUS 90400334vÌ

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.

Why Is My Information Online?