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)

EXHIBIT 9

Gretchen Curran
From:
Sent:
To:
Cc:
Subject:

Tom Fasone III
Tuesday, July 19, 2011 2:30 PM
Matuschak, Mark
Hutchins, Kate; [e-mail]; Williams, Daniel V.; John B. Campbell; Josh
Budwin; Hardt, Jonathan; Steinberg, Don; Ewenstein, Richard I; Eolas; Bob Kramer; Matt
Rappaport; Kevin Burgess
RE: Eolas/Staples: Stipulation Regarding Business to Business Websites and Features

Mark
Eolas is not only perplexed but quite frustrated that it has yet to receive Staples' proposed stipulation on its
business to business websites and their features, which Staples' counsel promised to provide during the parties'
LR7 conference on June 30 -- which occurred just two (2) days shy of three (3) weeks ago.
As a participant in the LR7 conference, you know first hand that Eolas requested the conference so that it could
file a motion with the Court in order to gain access to Staples' business to business websites to assess the extent
to which they may make use of the accused features/functionality at issue in this litigation because Staples
otherwise refused to provide the requested access (which involves nothing more than a password/user i.d.).
Based on Staples' counsels' oral representations that Staples' business to business websites do not make use of
any of the accused features/functionality and a promise to provide a stipulation reflecting same during the LR7
conference, Eolas agreed not to seek the Court's intervention to obtain discovery of these websites. However,
Staples' continued delay in providing the promised stipulation -- for nearly three (3) weeks now -- has
unreasonably hindered Eolas' efforts to obtain discovery on these possibly infringing websites. With the fact
discovery deadline looming (August 12), Eolas is not in a position to wait any longer.
Please provide the promised stipulation or provide the reason(s) why Staples is unable to enter into the
promised stipulation and please do so by no later than the close of business (6 PM CT) on Friday, July 22.
Please know that the LR7 conference requirements on this issue were met on June 30 and, thus, should we not
hear from you by the requested time, Eolas will file with the Court a motion to compel access to Staples'
business to business websites and request expedited consideration of same.
Best,
Tom

________________________________________
From: Tom Fasone III
Sent: Thursday, July 14, 2011 12:58 PM
To: Matuschak, Mark
Cc: Hutchins, Kate; [e-mail]; Williams, Daniel V.; John B. Campbell; Josh Budwin; Hardt,
Jonathan; Steinberg, Don; Ewenstein, Richard I; Eolas; Bob Kramer; Matt Rappaport; Kevin Burgess
Subject: RE: Eolas/Staples: Stipulation Regarding Business to Business Websites and Features
Mark
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As the fact discovery deadline in this case is less than one month away, please let us know the status of Staples'
efforts to prepare the stipulation promised during the parties' June 30 LR7 meet and confer.
Thank you.
Tom
________________________________________
From: Matuschak, Mark [[e-mail]]
Sent: Friday, July 08, 2011 10:43 AM
To: Tom Fasone III
Cc: Hutchins, Kate; [e-mail]; Williams, Daniel V.; John B. Campbell; Josh Budwin; Hardt,
Jonathan; Steinberg, Don; Ewenstein, Richard I; Eolas; Bob Kramer; Matt Rappaport
Subject: RE: Eolas/Staples: Stipulation Regarding Business to Business Websites and Features
Hi Tom We didn't promise any specific date but said we hoped to have something this week but given the holiday we
weren't certain about that. As it turns out, our client is on vacation this week, which I didn't know at the time of
the conference. We'll be back to you on this promptly once he returns next week.
Regards,
Mark
-----Original Message----From: Tom Fasone III [mailto:[e-mail]]
Sent: Friday, July 08, 2011 11:41 AM
To: Matuschak, Mark
Cc: Hutchins, Kate; [e-mail]; Williams, Daniel V.; John B. Campbell; Josh Budwin; Hardt,
Jonathan; Steinberg, Don; Ewenstein, Richard I; Eolas; Bob Kramer; Matt Rappaport
Subject: RE: Eolas/Staples: Stipulation Regarding Business to Business Websites and Features
Mark
I understand from our team members who participated in the LR7 conference on June 28, wherein Staples
promised to provide a stipulation on its business to business websites and their features, that you indicated that
Staples would provide the proposed stipulation at the beginning of this week. Today is Friday and Eolas has yet
to receive the proposed stipulation from your client. Given the potential impact that this stipulation may have
on Eolas' prosecution of its case against Staples within the current deadlines in this litigation, it is imperative
that Eolas receive the promised proposed stipulation without further delay.
Please advise.
Tom
-----Original Message----From: Tom Fasone III
Sent: Tuesday, July 05, 2011 8:54 PM
To: Tom Fasone III
Cc: [e-mail]; [e-mail]; Matuschak, Mark; John B. Campbell; Josh
Budwin
2

Subject: Re: Eolas/Staples: Stipulation Regarding Business to Business Websites and Features
ERRATA: Tuesday's LR7 conference
Tom
On Jul 5, 2011, at 3:52 PM, "Tom Fasone III" <[e-mail]> wrote:
>
> Kate, Mark, and Michael
>
> I write to follow up on the parties' LR7 conference last Thursday, June 30.
>
> Eolas would very much appreciate it if Staples could provide its proposed stipulation for addressing the
business to business websites and their features by no later than the close of business on Thursday, July 7.
Given that fact discovery closes on August 12, Eolas needs ample time in advance of the deadline to consider
the proposed stipulation to make sure that it adequately addresses its concerns.
>
> Thank you for your attention to this matter.
>
> Best,
>
> Tom

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