Eolas Technologies Incorporated v. Adobe Systems Incorporated et al

Filing 965

MOTION for Reconsideration re 914 Memorandum & Opinion, EOLAS' MOTION TO RECONSIDER CONSTRUCTION OF "EXECUTABLE APPLICATION" IN MEMORANDUM OPINION AND ORDER (DKT. NO. 914) OR, IN THE ALTERNATIVE, TO CERTIFY THE QUESTION FOR INTERLOCUTORY APPEAL 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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Civil Action No. 6:09-CV-00446-LED

JURY TRIAL

ORDER
Before the Court is Plaintiff Eolas’ Motion to Reconsider Construction of “Executable
Application” in Memorandum Opinion and Order (Dkt. No. 914) or, In the Alternative, to
Certify the Question for Interlocutory Appeal. Having considered the motion, the Court is of the
opinion that it is well-taken and should be GRANTED.
Therefore, the Court hereby reconsiders its construction of the term “executable
application,” and ORDERS that the term be construed, in accordance with Federal Circuit’s
holding, to mean “any computer program code, that is not the operating system or a utility, that is
launched to enable an end user to directly interact with data.”

McKool 397145v1