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 18

Page 1 of 16
Gretchen Curran
From:

Matuschak, Mark [[e-mail]]

Sent:

Tuesday, August 23, 2011 7:33 PM

To:

Gretchen Curran; [e-mail]; Hutchins, Kate; Hardt, Jonathan; Ewenstein, Richard I

Cc:

Eolas

Subject:

RE: Eolas v. Staples - Outstanding Requests

Attachments: Document1.doc

Gretchen ‐

We thought the original draft of damages‐type discovery for staples‐link and eway were too broad and 
essentially covered almost every conceivable document about those products.  In the spirit of 
cooperation, however, we've made some edits to your list and, if those are acceptable to you, Staples 
will not oppose your motion to add accused features on staples‐link and eway.

Regards,
Mark

From: Gretchen Curran [mailto:[e-mail]]
Sent: Tuesday, August 23, 2011 5:53 PM
To: Matuschak, Mark; [e-mail]; Hutchins, Kate; Hardt, Jonathan; Ewenstein, Richard I
Cc: Eolas
Subject: RE: Eolas v. Staples - Outstanding Requests

Thank you, Mark. That timetable works for Eolas. With respect to Eolas' motion for leave,
which we would like to get on file ASAP, have you arrived at a conclusion as to whether Staples
will oppose?
I appreciate it.
Gretchen
Gretchen K. Curran | Attorney | McKool Smith P.C.
300 West 6th Street | Suite 1700 | Austin, Texas 78701
O: 512-692-8741 | F: 512-692-8744 | 512-897-7726
[e-mail] | www.mckoolsmith.com
NOTICE OF CONFIDENTIALITY:
The information contained in and transmitted with this email is SUBJECT TO THE
ATTORNEY-CLIENT AND WORK PRODUCT PRIVILEGES AND IS CONFIDENTIAL. It
is intended only for the individual or entity designated above. You are hereby notified that any
dissemination, distribution, copying, use or reliance upon the information contained in and
transmitted with this e-mail by or to anyone other than the addressee named above by the sender
is unauthorized and strictly prohibited. If you have received this e-mail in error, please notify the
sender immediately. Any e-mail erroneously transmitted to you should be immediately
destroyed.

From: Matuschak, Mark [mailto:[e-mail]]
Sent: Tuesday, August 23, 2011 4:50 PM
To: Gretchen Curran; [e-mail]; Hutchins, Kate; Hardt, Jonathan; Ewenstein, Richard I
Cc: Eolas

9/3/2011

Page 2 of 16
Subject: RE: Eolas v. Staples - Outstanding Requests

Gretchen ‐

Thanks for compiling this list.  We're working on reviewing it now, but as our main client contact is out for most of this 
week, we believe we'll need until a week from Friday to have either produced the requested documents, determined 
that they don't exist, or determined that we've already produced them.  

Regards,
Mark

From: Gretchen Curran [mailto:[e-mail]]
Sent: Monday, August 22, 2011 7:18 PM
To: Matuschak, Mark; [e-mail]; Hutchins, Kate; Hardt, Jonathan; Ewenstein, Richard I
Cc: Eolas
Subject: Eolas v. Staples - Outstanding Requests

Dear Counsel,
On our LR7 this afternoon, I promised (in the spirit of cooperation, in an effort to ease the burden of you having
to go back through the emails that have been sent, and in an effort to expedite the identification of responsive
documents/production of responsive documents) to provide to you an email compiling the document requests
made after depositions of Staples' witnesses. Below is a compilation of those emails. I have put them in
chronological order with each email being separated by the bolded/underlined/blue date on which the email
was sent. You indicated that you would respond tomorrow as to when you would be able to provide a response
to the emails.
Once you have reviewed the requests below, please provide a response to the requests that (1) Staples has
produced documents responsive to the request AND IF NOT; (2) Staples will produce documents responsive to
the request by [PLEASE PROVIDE A DATE CERTAIN]; AND (3) If Staples has produced documents
responsive to the request, in your response, please identify by Bates number/range those documents that are
responsive to the request.
6/18/11
Kate and Rich
Based on the testimony of Messrs. Candela and Vareschi and the first day of Ms. King's testimony this week,
we request the depositions of the following individuals (formal notices will be served on Monday):
Kevin Wood, Director of Planning Analysis

Carrie Bourke, Director of Marketing Analytics
Steve Bussberg, Business Unit Leader
Ken Moore, VP of staples.com IT Dept.
In addition, please produce the following documents:

9/3/2011

Page 3 of 16

Annual Budgets (2003-2011)
Epiphany Database Customer Model Reports relevant to the Accused Websites and Features
OMS Transaction Database Reports relevant to the Accused Websites and Features
Long Range Plans (2003-2011) (Described by Mr. Vareschi)
Warm regards,
Tom
6/23/11
Jonathan
It was a pleasure meeting a fellow Texan out in Framingham, Mass. I hope you had a safe flight back to D.C. on
Tuesday night.
During Mr. Peck's deposition he identified a category of documents referred to as PowerReviews Customer
Surveys. Eolas asks that these documents be produced for the relevant time period for the accused
websites/features.
Please contact me should you care to discuss. I may be reached at 214-978-4927.
Warm regards,
Tom
6/26/11
Jonathan
Please let us know whether Staples is going to cooperate by providing these surveys to Eolas. Based on the
testimony of Mr. Peck they are clearly relevant to several issues in this case and should have been produced
long ago.
Eolas asks that Staples provide its position on the production of these surveys by no later than the close of
business on Monday, June 27. Given the rapidly approaching fact discovery deadline in this case, Eolas needs to
know whether it will be necessary to raise this matter with the Court in short order.
I am available to discuss the production of these surveys with you via teleconference anytime on Monday, June
27, should you care to do so.
We look forward to receiving Staples' response.
Best,
Tom
6/29/11
Jonathan
I hope all is well.
9/3/2011

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I am following up on our June 23 and June 26 requests for your client's position on the production of the
documents referenced below.
We would very much appreciate the courtesy of a response without further delay.
Best,
Tom
6/30/11
Tom,
Thank you for following up. We have been working on this request since we first received it. We hope to have a
response in the near future.
Best regards,
Jonathan
6/30/11
Jonathan
Thank you very much for your email.
Your response, however, appears somewhat vague as it is unclear whether (1) Staples is agreeing to produce the
requested documents and is working to do so or (2) Staples is still determining whether it will in fact agree to
produce the requested documents.
Based on the testimony of Mr. Peck, a current Staples employee, these documents/data are generated at Staples.
Please clarify.
Best,
Tom
7/5/11
Jonathan
Eolas would very much appreciate the courtesy of a response to its June
23 request for production, set forth below.
Given the rapidly approaching fact discovery deadline in this case, Eolas needs to know -- without further delay
-- Staples' position so that Eolas may proceed accordingly.
Tom
7/6/11

9/3/2011

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Tom,
I'm providing an update on a few depositions and your request for PowerReviews surveys.
* Thomas Tobin is available in Framingham on July 12, 2011.
* Dave Mastovsky will be Staples' 30(b)(6) designee for the March
15 notice, subject to Staples' objections (which you should receive in the near future). As you'll recall,
Mastovsky is no longer a Staples employee and the most convenient location for his deposition is the
Hilton/Dedham, which is about 5 miles from Canton, MA.
Concerning PowerReviews, we continue to work to identify any relevant information Staples has related to the
PowerReview reviews. Keep in mind, Mr. Peck told you he is not aware of any PowerReview "surveys."
Instead, it appears PowerReviews is used for the publicly available customer reviews at the bottom of many
staples.com sku pages. As soon as we finalize this understanding we will provide you with further details.
Regards,
Jonathan
7/7/11
Jonathan
I write in response to your email of yesterday wherein you contend that PowerReviews does not include/collect
"customer survey" information. Following are excerpts from Mr. Peck's deposition concerning Staples' use of
and access to PowerReviews data that appear to indicate otherwise:
36:
15 MR. FASONE: I'm going to mark the
16 second exhibit to your deposition.
17 (Exhibit 2, defendant Staples, Inc.'s
18 supplemental responses to plaintiff's first
19 set of interrogatories, marked.)
20 MR. FASONE: And, for the record, the
21 Exhibit 2 is a copy of defendant Staples,
22 Inc.'s supplemental responses to
23 plaintiff's first set of interrogatories to
24 all defendants. And the service date is

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Page 6 of 16
25 the 29th of October 2010.
52:
17 Q. Okay. If you'll look at that answer there in the
18 second paragraph, and -- well, let me see -- the fourth
19 sentence starting, "As to AJAX," do you see that?
20 A. Yes.
21 Q. "As to AJAX, Staples has an agreement with a
22 company called PowerReviews, which conducts customer
23 surveys, and as part of that agreement, Staples received
24 the right to use PowerReviews' AJAX implementations for the
25 purpose of retrieving customer survey data."
54:
11 Q. Do you know where the results of these surveys are
12 kept?
13 A. I believe it's on PowerReviews' servers.
14 Q. And does Staples have access to those servers?
15 A. I believe so.
Moreover, Mr. Peck was questioned about Staples' Supplemental Responses to Eolas' First Set of
Interrogatories which identified PowerReviews as a means of retrieving "customer survey data". Is it your
contention that Staples' interrogatory response is inaccurate in this regard?
We look forward to receiving Staples' response to Eolas' request for this data, as it has been outstanding for two
(2) weeks now.
Best,
Tom
7/8/11
Tom,
This e-mail responds to your recent e-mails regarding PowerReviews information, web analytics review, and
dates for the other depositions. As you know from the other correspondence this morning, we continue to work
on these requests. Concerning the PowerReviews information, I want to point out that you omitted key portions

9/3/2011

Page 7 of 16
of Mr. Peck's testimony in your e-mail. For example, he clarified his understanding that PowerReviews allows
customers to write reviews (see Tr. at 53:8-10) and he corrected you at least once when you referred to the
"surveys" ("I'm not familiar with using PowerReviews as far as surveys. I've used the PowerReviews review
functionality." Tr. at 54:3-4). But that's neither here nor there, the point is that we are working on responding to
your request. We are confirming the extent to which Staples uses PowerReviews and seeking the related
documents, if any, Staples' possesses. We continue those efforts even though our client has been out of the
office this week.
Further to that point, we are unable confirm any further deposition dates or provide you details relating to the
web analytics review until our client returns. Notwithstanding, we continue to work on each of these issues and
will provide you an update as soon as possible. It's unclear what substantive update, if any, we'll have by the
time of our call this afternoon.
Regards,
Jonathan
7/8/11
Jonathan
Thank you for the update.
With respect to PowerReviews, obviously someone on your team prepared the interrogatory response which
stated that PowerReviews includes customer surveys. So that is certainly of serious concern to Eolas in light of
the equivocal nature of Mr. Peck's testimony in this regard.
We look forward to speaking with you at 2:30 p.m. CT today.
Best,
Tom
7/12/11
Jonathan
Eolas believes that it has given Staples more than ample time to respond to its request for discovery of Staples'
PowerReviews documents. Given the rapidly approaching fact discovery and expert submission deadlines and
the October trial date in this matter, Eolas should not be prejudiced by any further delay.
Please advise by no later than the close of business tomorrow, Wednesday, July 13, whether Staples will agree
to provide this information and provide a date certain by which it will do so. Should it be Staples' position that it
will not produce these materials to Eolas, then provide the availability of Staples' lead and local counsel for a
LR7 conference to take place within the next few days.
Best,
Tom
7/15/11
Kate and Jonathan
9/3/2011

Page 8 of 16
During Tom Tobin's deposition on Tuesday, July 12, he testified concerning an "associate website" developed
for Staples in connection with its acquisition of Corporate Express, which was the subject of Exhibit 15 to his
deposition. Excerpts of the rough transcript are set forth below for your consideration.
Based on Mr. Tobin's testimony, and the contents of Exhibit 15, it would appear that the "associate website"
was a means for Staples' employees (and perhaps other users) to share ideas, post comments, participate in
discussion boards, capture "innovative ideas", vote, rank, and otherwise participate in an open forum to discuss
Staples' business and future business plans on both a macro and micro level. To the extent that the "associate
website" included information relevant to the accused websites and/or accused features that are at issue in Eolas'
case against Staples, any such information should have been produced to Eolas at the outset of this litigation.
Please produce this information without further delay.
Should you care to discuss this matter, please do not hesitate to call me at 214-978-4927.
Best,
Tom
EXCERPTS OF ROUGH TRANSCRIPT OF TOM TOBIN (6/12/2011):
Page 146
MR. FASONE: Mark the next exhibit to your deposition. Exhibit 15.
(Exhibit 15, Identify Exhibits, marked for identification.)
Q. (By Mr. Fasone) Exhibit 15 is an e-mail with an attachment e-mail from an Anne-Marie, that's A-n-n-e Marie, Keane, K E A N E, dated August 13, 2008 and the subject matter is associate website-content strategy.
You're listed there Mr. Tobin as one of the recipients.
A. Yes.
Q. Do you recognize the e-mail and the attachments?
Page 147
MS. HUTCHINS: Objection; form.
THE WITNESS: With respect to being a recipient, yes.
Q. (By Mr. Fasone) Do you know what the associate website is that's being referred to here?
A. Yes.
Q. What is it?
A. It was a website that was created after the acquisition of corporate express.
Q. Do you know what its purpose was?
A. It was to inform associates around -- around the acquisition.
Page 148
9/3/2011

Page 9 of 16
Q. But it was created for Staples correct?
A. Yes.
Q. Look at page 10, there's a box there that says solution components. Do you see that?
A. Yes.
Q. Future phase options, then there's a reference there to a web 2.0 collaboration?
A. Yes.
Q. Do you know what that stands for?
A. It looks like it's community based.
Q. What do you mean by that, community based?
A. Web 2.0 is a general term. I'm just looking at some of the topics underneath that that would allow people to
join discussion boards and participate within that dialogue. I mean that's probably the biggest thing.
Q. And you mean community-based internal to Staples correct?
A. For this particular effort, yes.
Q. Do you see the first section under web 2.0 collaboration where it says question and answer boards expanded
enhance the posts and readability for associates to include commoning options on all
Page 149
questions posted to create a more collaborative user experience. Do you see that?
A. Yes.
Q. And then it says discussion boards after that. You skip down?
A. Yes.
Q. It says, "Enable community members to interactby posting, reading, and responding to each other on key
topics." And then if you look at the next column where it says, idea share?
A. Yes.
Q. "Capture innovative ideas and encourage members to weigh in via voting, ranking, and comment features."
What did that mean?
A. This particular idea share?
Q. Yeah.
A. The ability for users of the website to looks like you know multiple forms contribute to the content.

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Q. And the content being related to Staples business, correct?
A. For this particular website, it would be, yes.
8/10/11
Jonathan
It does not appear that Staples has produced the attachments referenced in the following documents which were
produced for Carrie Bourke:
SI246513 - SI246515 (Period 2 - 2011)
SI254389 - SI254390 (Period 12 - 2010)
SI251022 - SI251023 (Period 9 - 2010)
All three e-mails indicate that monthly search reports should be attached yet we have not been able to locate the
referenced reports in Staples' production.
Please produce the requested attachments or, if you believe that they already have been produced, please
provide the Bates numbers so that we have complete and accurate records on our end.
Many thanks,
Tom
8/10/11
Counsel
We have yet to receive the documents requested back on June 18 (see email below). Based on the testimony of
Staples' corporate reps, the requested documents are relevant and should have been produced long ago.
If we don't hear from you by COB on Monday as to this production request, please know that we plan to raise
this matter with the Court via motion practice. As you are well aware, fact discovery closes next Friday. Staples'
continued delay in providing relevant documents in this case is a hinderance to Eolas' ability to complete fact
discovery, finalize its expert submissions, and prepare for an October trial date.
Please give this matter your immediate attention.
Tom
8/11/11
Counsel
During Mr. Moore's recent deposition, he identified the following documents, some of which were in his
custodial files. However, it does not appear that Staples has made a complete production of each of these
categories of documents for all periods in which they were generated:
- "Board of Directors Decks"

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Page 11 of 16
- "Staples.com Year Over Year Stats"
- "Staples Business Delivery Consolidated Daily Sales and Margin Flash" reports
- "Executive Summary: E-commerce Benchmark Usability Testing" report
- "Staples.com Site Tours"
Please produce all copies of the foregoing documents for the periods in which they were generated (weekly,
monthly, quarterly, annually, etc.) without further delay.
Many thanks,
Tom
8/17/11
Counsel
I write to follow up on Staples' efforts to produce the relevant documents identified during Mr. Moore's
deposition.
Eolas asks that the production of these materials be made without further delay. If you believe that these
documents already have been produced, then provide the date(s) of production and Bates numbers. If Staples is
unwilling to produce these relevant documents, then advise by the COB today (6 p.m. CT) so that we can work
to schedule a LR7 Conference.
Regards,
Tom
8/17/11
Kate
During our conference on Monday, August 15, you suggested that Staples may have already responded to Eolas'
June 18 request for the documents identified during Staples' 30b6 depositions (Candela, King, and Vareschi).
Please know that we have searched our correspondence file and did not locate any evidence that Staples ever
addressed this communication.
If you are in possession of the correspondence you believe was sent to Eolas on this matter, then please forward
it to us today. If not, then advise whether Staples is planning to produce these documents and, if so, provide a
date certain by which it will do so. Should Staples be unwilling to produce these relevant documents, then let us
know so that we may work to schedule a LR7 Conference.
8/20/11

Kate,
If you recall, during the August 3 deposition of Thomas Tobin, I entered as Exhibits 4-A and 8-A,
the two attached documents, each containing an e-mail highlights summary of a Monthly Onsite
Search Report and a monthly report. Each e-mail summary clearly states that attached to the e-mail
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Page 12 of 16

should be a Monthly Onsite Search Report ("Attached is the Onsite Search report for Period..."),
yet, as of the eve of the Tobin deposition, the monthly reports corresponding to the two e-mails had
not been produced with the actual e-mail highlights summaries, either as attachments to those emails or elsewhere in the Staples productions.
On the morning of August 2, I e-mailed Staples requesting that the Monthly Onsite Search Reports
corresponding to the afore-mentioned e-mail highlights summaries be sent to us that day, as we
needed them for the following day's deposition. And Jonathan was courteous enough to e-mail the
monthly reports to us that evening. For use as deposition exhibits, we had to then attach to the email highlights summaries, these copies of the monthly reports, produced to us the evening before
the deposition. As the excerpt below from pages 229 and 230 of the transcript to the deposition of
Tobin appears to make clear, the two e-mails and two attachments were not paired correctly, at the
time they were entered as exhibits, and I requested to you that Staples provide to us e-mail
confirmation that the e-mails and the reports had indeed been paired incorrectly in order that we
may repair the issue:
229
12
13
14
15
16
17
18
19
20
21
22
23
24
25
1
2
3
4
5
6
7
8
9
10
11
12
13

MR. FASONE: Here's Exhibit 8-A.
10:30:06
(Exhibit 8-A, E-mail with Attachment,
10:30:06
marked for identification.)
10:30:47
Q. (By Mr. Fasone) And 8-A bears Bates SI 246513
10:30:47
through 515 and then the attachment I understand is SI
10:30:59
250819. And I'll represent on the record this was the
10:31:09
requested attachment that Jonathan e-mailed to us last
10:31:15
night. And so we've synced it up with the cover
10:31:19
e-mail.
10:31:26
MR. FASONE: And if -- Kate, if for
10:31:26
some reason this appears to be incorrect,
10:31:30
please let me know.
10:31:32
MS. HUTCHINS: I don't know for
10:31:33
certain but if you compare the attachment
230
THOMAS F. TOBIN, JR. - CONFIDENTIAL/ATTORNEYS' EYES ONLY
to Exhibit 4-A, the e-mail in Exhibit 4-A,
10:31:40
it looks like that one goes with 4-A -10:31:45
sorry. Looks like what you have attached
10:31:49
to Exhibit 8-A actually belongs with the
10:31:51
e-mail in Exhibit 4-A.
10:31:54
MR. FASONE: Okay. So we need to
10:31:56
switch those out then.
10:31:59
MS. HUTCHINS: I believe so. I would
10:32:00
need to confirm but that's what it appears
10:32:01
from the face of the documents.
10:32:03
MR. FASONE: Well, let's not do that
10:32:08
at this moment. If you don't mind, if we
10:32:11

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Page 13 of 16

14
15
16

can just get an e-mail clarifying that and
then we'll switch them up.
MS. HUTCHINS: Sure.

10:32:14
10:32:17

It appears that the attachment to Exhibit 8-A (Period 12 - 2010 report) merely needs to be paired
with the e-mail to Exhibit 4-A (Period 12 - 2010 summary) and the attachment to Exhibit 4-A
(Period 2 - 2011 report) merely needs to be paired with the e-mail to Exhibit 8-A (Period 2 - 2011
summary). Please confirm that this is indeed the case. If one or both of the monthly reports should
not be attached to either of the e-mail summaries, please indicate that such is the case, and
immediately provide to us the correct monthly reports that correspond to the two e-mail summaries.
Now, one more issue exists with Exhibit 4-A. Mistakenly, only the first page of the two page email summary (SI246639 - SI246640) was entered as part of the exhibit. We would appreciate it, if
you could also confirm that the e-mail in Exhibit 4-A should contain a second page (SI246640).
In addition, we request that Staples produce to us the two e-mail summaries in Exhibits 4-A and 8A to the August 3 Tobin deposition and the correct corresponding Monthly Onsite Search Reports
to those e-mails, as actual attachments to the e-mails. Thus far, Staples has not produced to us
either e-mail summary/monthly report pairing, as a family of documents, which is the way they
should be produced. In fact, while Staples has produced to us e-mail highlights summaries of the
Monthly Onsite Search Reports for each month from Period 9 - 2010 through Period 5 - 2011, in
not a single instance has a monthly report been attached to it. And for only Period 12 - 2010 and
Period 2 - 2011 were any of the corresponding monthly reports produced anywhere in Staples'
productions. For Period 6 - 2011, Staples produced a monthly report but no e-mail highlights
summary. We request that Staples produce e-mail highlight summaries of the Monthly Onsite
Search Reports for each month from Period 9 - 2010 through Period 6 - 2011 and the correct
corresponding Monthly Onsite Search Reports to each of those e-mail summaries, as actual
attachments to the e-mails.
Regards,
Tom
8/20/11
Rich
As you know, during Mr. Mastovsky's deposition yesterday he testified that Scott Zakrajsek prepared reports
showing metrics on the browsers used by customers to access the staples.com website. Please see pages 68-69
of his rough transcript. This information is also the subject of Eolas' Common Rog. No. 3.
These reports should be part of Mr. Zakrajsek's custodial documents and/or available on one of the corporate
archives that Mr. Mastovsksy identified. Please produce all such reports well in advance of Mr. Zakrajsek's
deposition, which is scheduled to take place on Friday, August 26. If you believe that these documents were
already produced, then identify them by Bates range and production date(s).
Thank you,
Tom
9/3/2011

Page 14 of 16
8/20/11
Hello Jonathan,
I hope you are having a good weekend. I wanted to send this email to request the production of the "search
program report" that I requested Ms. Baball work with Ms. Kota to create for the period that autocomplete has
been tracked that breaks out figures for autocomplete. See exchange below.
Please let me know when we can expect such production.
I appreciate it!
Gretchen
20 Q. Okay. So if you could check with Ms. Kota to -21 and obviously the date range will be much -- will be
22 smaller because it will only include the date range for
23 which the auto complete was actually tracked, if you could
24 let your counsel know, first, if there's a report that
25 would, you know, break out the auto complete search report, Page 65
1 - ROUGH DRAFT 2 how long that would take to run such a report, and for the
3 date range where auto complete was actually tracked, we
4 would like a copy of such report if she could run that
5 report and provide a copy to your counsel, okay?
6 MR. HARDT: Objection. Form.
7 If you're making a discovery request,
8 you can make it to -- to us lawyers, and
9 we'll deal with it.
10 MS. CURRAN: Okay.
11 Q. If you could check with, because obviously your
12 lawyers don't know what Ms. Kota knows, if you could check
13 on those things and -- and let your counsel know, I will be

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Page 15 of 16
14 making a request to them for that information, okay?
15 A. Okay.
8/22/11
Rich
I hope you had an enjoyable weekend.
During Mr. Mastovsky's deposition on Friday, he testified regarding the existence of various documents
relevant to this litigation. Eolas requests that Staples produce each of these documents for the time period in
question. To the extent that there is more than one version of a document, then Eolas asks that all versions be
produced for the time period in question. To the extent that these documents were generated and distributed on
a periodic basis, Eolas asks that Staples produce copies of each document for each period in which it was
generated (daily, weekly, monthly, quarterly, etc.) for the time period in question.
Based on Mr. Mastovsky's August 19 deposition, Eolas seeks production of the following documents:
-- Traffic reports
-- Abode Scene 7 surveys
-- Certona reports re: Carousel product recommendations
-- Usability testing re: format and/or features of staples.com
-- CARS (Capital Appropriation Requests)
-- SEO (Search Engine Optimization) reports
-- Foresee reports re: customer experience ratings
-- Green Friday Hits Comparison reports
-- Omniture test and target reports
Given that the parties are still completing fact discovery and are also in the process of preparing trial
submissions, including trial exhibits, it is imperative that Staples produce these materials on an expedited basis.
Please do not hesitate to contact me via telephone at 214-978-4927 should you care to discuss the production of
the requested documents.
Regards,
Tom
END OF EMAILS
Warm regards,
Gretchen

9/3/2011

Page 16 of 16
Gretchen K. Curran | Attorney | McKool Smith P.C.
300 West 6th Street | Suite 1700 | Austin, Texas 78701
O: 512-692-8741 | F: 512-692-8744 | 512-897-7726
[e-mail] | www.mckoolsmith.com
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9/3/2011