Eolas Technologies Incorporated v. Adobe Systems Incorporated et al

Filing 968

MOTION to Compel LOG-IN INFORMATION FOR STAPLESLINK.COM AND EWAY.COM FROM STAPLES INC. by Eolas Technologies Incorporated. (Attachments: # 1 Attachment A, # 2 Exhibit 1, # 3 Exhibit 2, # 4 Exhibit 3, # 5 Exhibit 4, # 6 Exhibit 5, # 7 Exhibit 6, # 8 Exhibit 7, # 9 Exhibit 8, # 10 Exhibit 9, # 11 Exhibit 10, # 12 Exhibit 11, # 13 Exhibit 12, # 14 Exhibit 13, # 15 Exhibit 14, # 16 Exhibit 15, # 17 Exhibit 16, # 18 Exhibit 17, # 19 Exhibit 18, # 20 Exhibit 19, # 21 Exhibit 20, # 22 Exhibit 21, # 23 Exhibit 22, # 24 Exhibit 23, # 25 Exhibit 24, # 26 Exhibit 25, # 27 Text of Proposed Order)(McKool, Mike)

ATTACHMENT A

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

UNDER SEAL

DECLARATION OF GRETCHEN K. CURRAN IN SUPPORT OF
EOLAS’ MOTION TO COMPEL LOG-IN INFORMATION FOR
STAPLESLINK.COM AND EWAY.COM FROM STAPLES, INC.
I, Gretchen K. Curran, do state and declare as follows:
1.

I am an attorney with the law firm of McKool Smith PC (McKool Smith), counsel

for Plaintiff Eolas Technologies Incorporated (Eolas) in this action. I make this declaration in
support of Eolas’ Motion to Compel Log-In Information for stapleslink.com and eway.com from
Staples, Inc., filed herewith. Unless otherwise stated, the matters contained in this declaration
are of my own personal knowledge and, if called as a witness, I could and would testify
competently to the matters set forth herein.
2.

Attached hereto as Exhibit 1 is a true and correct copy of screenshots from

stapleslink.com and eway.com made on September 6, 2011.
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3.

Attached hereto as Exhibit 2 is a true and correct copy of an e-mail from Mr.

Fasone to Ms. Hutchins dated June 7, 2011 at 4:50 pm.
4.

Attached hereto as Exhibit 3 is a true and correct copy of an e-mail from Mr.

Fasone to Ms. Hutchins dated June 10, 2011.
5.

Attached hereto as Exhibit 4 is a true and correct copy of an e-mail from Mr.

Fasone to Ms. Hutchins dated June 16, 2011.
6.

Attached hereto as Exhibit 5 is a true and correct copy of an e-mail from Mr.

Fasone to Ms. Hutchins dated June 22, 2011.
7.

Attached hereto as Exhibit 6 is a true and correct copy of an e-mail from Ms.

Hutchins to Mr. Fasone dated June 22, 2011.
8.

Attached hereto as Exhibit 7 is a true and correct copy of e-mails from Mr. Fasone

to Ms. Hutchins dated June 23, 24, 26, 2011.
9.

Attached hereto as Exhibit 8 is a true and correct copy of e-mails from Mr. Fasone

dated July 5 and 8, 2011.
10.

Attached hereto as Exhibit 9 is a true and correct copy of e-mails from Mr. Fasone

dated July 14 and 19, 2011.
11.

Attached hereto as Exhibit 10 is a true and correct copy of a letter from Mr.

Matuschak to Mr. Budwin dated July 19, 2011, forwarded by Mr. Williams to Mr. Fasone on
July 19, 2011.
12.

Attached hereto as Exhibit 11 is a true and correct copy of an e-mail from Mr.

Williams to Mr. Fasone dated July 22, 2011.
13.

Attached hereto as Exhibit 12 is a true and correct copy of e-mails between Ms.

Curran and Mr. Hardt dated August 5 and 8, 2011.

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14.

Attached hereto as Exhibit 13 is a true and correct copy of e-mails from Mr.

Fasone dated August 16 and 17, 2011.
15.

Attached hereto as Exhibit 14 is a true and correct copy of an e-mail from Mr.

Fasone dated August 18, 2011.
16.

Attached hereto as Exhibit 15 is a true and correct copy of an e-mail from Mr.

Fasone dated August 20, 2011.
17.

Attached hereto as Exhibit 16 is a true and correct copy of an e-mail from Mr.

Fasone dated August 22, 2011.
18.

Attached hereto as Exhibit 17 is a true and correct copy of a list of proposed

damages discovery.
19.

Attached hereto as Exhibit 18 is a true and correct copy of an e-mail from Mr.

Matuschak dated August 23, 2011.
20.

Attached hereto as Exhibit 19 is a true and correct copy of a list of counter-

proposed damages discovery.
21.

Attached hereto as Exhibit 20 is a true and correct copy of e-mails between Mr.

Williams and Ms. Curran dated August 25, 26 and 30, 2011.
22.

Attached hereto as Exhibit 21 is a true and correct copy of e-mails amongst

counsel for Eolas and Staples.
23.

Attached hereto as Exhibit 22 is a true and correct copy of e-mails from Eolas’

counsel to counsel for Staples.
24.

Attached hereto as Exhibit 23 is a true and correct copy of an e-mail from Mr.

Fasone dated July 23, 2011.

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25.

Attached hereto as Exhibit 24 is a true and correct copy of e-mails amongst

counsel for Eolas and Staples dated July 26, 2011.
26.

Attached hereto as Exhibit 25 is a true and correct copy of e-mails amongst

counsel for Eolas and Staples.
I declare under penalty of perjury that the foregoing is true and correct and that this
declaration was executed on September 9, 2011, in Austin, Texas.

Gretchen K. Curran

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