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)

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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. § § § Civil Action No. 6:09-CV-00446-LED § § § § JURY TRIAL § § § § § § § § § § § § § 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. 1 McKool 396658v1 Dated: August 22, 2011 Respectfully submitted, MCKOOL SMITH, P.C. /s/ Mike McKool Mike McKool Lead Attorney Texas State Bar No. 13732100 mmckool@mckoolsmith.com Douglas Cawley Texas State Bar No. 04035500 dcawley@mckoolsmith.com Holly Engelmann Texas State Bar No. 24040865 hengelmann@mckoolsmith.com MCKOOL SMITH, P.C. 300 Crescent Court, Suite 1500 Dallas, Texas 75201 Telephone: (214) 978-4000 Telecopier: (214) 978-4044 Kevin L. Burgess Texas State Bar No. 24006927 kburgess@mckoolsmith.com John B. Campbell Texas State Bar No. 24036314 jcampbell@mckoolsmith.com Josh W. Budwin Texas State Bar No. 24050347 jbudwin@mckoolsmith.com Gretchen K. Curran Texas State Bar No. 24055979 gcurran@mckoolsmith.com Matthew B. Rappaport Texas State Bar No. 24070472 mrappaport@mckoolsmith.com MCKOOL SMITH, P.C. 300 West Sixth Street, Suite 1700 Austin, Texas 78701 Telephone: (512) 692-8700 Telecopier: (512) 692-8744 ATTORNEYS FOR PLAINTIFF EOLAS TECHNOLOGIES, INC. 2 McKool 396658v1 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 3 McKool 396658v1

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