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 10

WILMERHALE

Mark G. Matwlchak

July 19,2011

+ 1 5i7 526 5559lH
+ 1 617 526 5000

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mari.: 'l1;[e-mail]

BY FIRST CLASS MAIL AND EMAIL

Josh Budwin, Esq.
McKool Smith
300 W. 6th Street, Suite 1700
Austin, TX 7870 I
Re: Eo/as Technologies Inc. v. Adobe Systems Inc., et al.,
No. 6:09-cv-00446-LED (E.D. Tex.)
Josh:
Further to our call ofJune 28, 2011, we wi!! provide you with access to stapleslink.com and
eway.com. Staplesadvantage.com does not require a password.
Quill is an entity separate from Staples and is not a party to this litigation.

Regards,

£~6.f%1~d~t:/

Mark O. Matuschak

8eri1ng

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Wilmer Curler Pickering Hale and Dorf Ut.. 60 Stare StI'ecr, Boston, Massa<husens 02109
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Brussels
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Waltham

Wash!ngton

Holly E. Engelmann

Subject:

Williams, Daniel V. [[e-mail]
Tuesday, July 19,20114:15 PM
Tom Fasone III; Matuschak, Mark
Hutchins, Kate; [e-mail]; 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

Attachments:

7-19-11 Letter to Mr. Budwin.pdf

From:
Sent:

To:
Cc:

1m
7-19-11 Letterto
Mr. Budwin.p...

Tom,
Please see the attached letter.

Regards,
Dan
-----Original Message----­
From: Tom Fasone III [mailto:[e-mail]]
Sent; Tuesday, July 19,20113:30 PM
To: Matuschak, Mark
Cc: Hutchins, Kate; [e-mail]; Williams, Daniel Y.; 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
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 LR 7 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 aeeused
features/functionality at issue in this litigation because Staples
otherwise refused to provide the requested access (which involves
nothing more than a password/user Ld.). 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
1

websites, With the fact discovery deadline looming (August 12), Bolas
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,
Bolas will file with the Court a motion to compel access to Staples'
business to business websites and request expedited consideration of
same,
Best,
Torn

From: Torn 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; Ewcnstein,
Richard I; Bolas; Bob Kramer; Matt Rappaport; Kevin Burgess
Subject: RE: Eolas/Staples: Stipulation Regarding Business to Business
Websites and Features
Mark
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 LR 7 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; MRichardson@brsfirrn,com; 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 Fearures

2

Hi TomWe 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 oul, our client is on vacation this week, which I didn't know at

the timc of the conference. W c'lI be back to you on this promptly once

he returns next week.

Regards,

Mark

-----Original Message----­
From: Tom Fasone III [mailto:tfasone@\1cKooISmith.comJ
Sent: Friday, July 08,2011 II :41 AM
To: Matuschak, Mark
Cc: Hutchins, Kate; [e-mail]; Williams, Daniel Y.; 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 ofthis 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 reeeive 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
Subject: Re: Eolas/Staples: Stipulation Regarding Business to Business
Websites and Features
ERRATA: Tuesday's LR7 conference
Tom
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On luiS, 2011, at 3:52 PM, "Tom Fasone lll" <tfasone@McKooISmith,com>
wrote:
>

> Kate, Mark, and YIichael
>

> I write to follow up on the parties' LR 7 conference last Thursday,
June 30,
>

> Eolas would very much appreciate it if Staples could provide its
proposed stipulation for addressing the business to business web sites
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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