Eolas Technologies Incorporated v. Adobe Systems Incorporated et al

Filing 908

MOTION to Expedite, MOTION for Hearing re 890 Opposed SEALED PATENT MOTION FOR LEAVE TO FILE AMENDED COMPLAINT TO ADD THE REGENTS OF THE UNIVERSITY OF CALIFORNIA AS A CO-PLAINTIFF 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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MOTION TO SET HEARING AND EXPEDITE BRIEFING
Plaintiff Eolas Technologies Incorporated (“Eolas”) hereby respectfully requests the
Court to include oral argument on Eolas’ Motion for Leave to File Amended Complaint to Add
The Regents of the University of California as a Co-Plaintiff (“Motion for Leave”) (Dkt. No.
890) as part of the already scheduled hearing set for August 31, 2011 at 1pm.
Eolas filed its Motion for Leave on August 18, 2011. One day earlier, the Court set an
oral hearing on Frito-Lay, Inc.’s Motion for Separate Trial (Dkt. No. 852). For the sake of
efficiency for the Court and the parties, Eolas requests argument on its Motion for Leave during
this already scheduled hearing.

Eolas’ also respectfully requests that the Court require

Defendants file their response brief in opposition to Eolas’ Motion for Leave on Monday August
29, 2011—two days in advance of the proposed hearing.
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Dated: August 22, 2011

Respectfully submitted,
MCKOOL SMITH, P.C.
/s/ Mike McKool
Mike McKool
Lead Attorney
Texas State Bar No. 13732100
[e-mail]
Douglas Cawley
Texas State Bar No. 04035500
[e-mail]
Holly Engelmann
Texas State Bar No. 24040865
[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.

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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. Local Rule CV-5(a)(3)(A) on this August 22, 2011.

/s/ John B. Campbell
John B. Campbell

CERTIFICATE OF CONFERENCE
I hereby certify that counsel for Eolas Technologies Incorporated sent an email to all
counsel of record on Thursday August 18, 2011 seeking their position on this motion before
close of business Friday August, 19, 2011. As of the filing of this motion, none of counsel for
defendants responded that they agreed with the motion.
Dated: August 22, 2011
/s/ John B. Campbell
John B. Campbell

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