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 20

Page 1 of 3
Gretchen Curran
From:

Gretchen Curran

Sent:

Tuesday, August 30, 2011 7:59 PM

To:

Gretchen Curran; Williams, Daniel V.

Cc:

Eolas; Bob Kramer; Matuschak, Mark; Steinberg, Don; Hutchins, Kate

Subject: RE: Eolas v. Adobe - Staples' Infringement Contentions

Dear Counsel,
Please respond to my emails from Friday and this morning as soon as possible. As I have
indicated, the supplemental reports of Eolas' technical and damages experts necessarily depend
on documents for/log-in information to access stapleslink.com and eway.com that is solely
within Staples' custody, possession, and/or control. Accordingly, while you seek to determine
when supplementation of the reports of Eolas' experts will be made (see Dan's email below), it
is Staples' failure to provide necessary documents for/log-in information to access
stapleslink.com and eway.com that prevents Eolas' experts from supplementing their reports.
I look forward to a prompt response.
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: Gretchen Curran
Sent: Tuesday, August 30, 2011 11:23 AM
To: Gretchen Curran; Williams, Daniel V.
Cc: Eolas; Bob Kramer; Matuschak, Mark; Steinberg, Don; Hutchins, Kate
Subject: RE: Eolas v. Adobe - Staples' Infringement Contentions

Dan,
In addition to the damages documents related to stapleslink.com and eway.com, which are
necessary for Mr. Weinstein to complete his supplemental report for damages, Eolas also
requires access to stapleslink.com and eway.com in order for Dr. Martin to complete his
supplemental report for infringement. Now that those two websites are accused in this case, no
reason exists to withhold log-in information from Eolas in order for its experts to access those
two websites. Please let me know when (1) production will take place of the damages
documents to which you agreed; and (2) Eolas will receive log-in information for

9/3/2011

Page 2 of 3
stapleslink.com and eway.com.
Kind regards,
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: Gretchen Curran
Sent: Friday, August 26, 2011 4:40 PM
To: Williams, Daniel V.
Cc: Eolas; Bob Kramer; Matuschak, Mark; Steinberg, Don; Hutchins, Kate
Subject: RE: Eolas v. Adobe - Staples' Infringement Contentions

Thank you for your email, Dan. Can you please let us know when Staples intends to produce the damages
documents it agreed to produce related to stapleslink.com and eway.com? Mr. Weinstein cannot complete a
supplemental report in the absence of such documents.
Kind regards,
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: Williams, Daniel V. [mailto:[e-mail]]
Sent: Friday, August 26, 2011 4:32 PM
To: Gretchen Curran

9/3/2011

Page 3 of 3
Cc: Eolas; Bob Kramer; Matuschak, Mark; Steinberg, Don; Hutchins, Kate
Subject: RE: Eolas v. Adobe - Staples' Infringement Contentions

Gretchen,
I write in response to the Supplemental Infringement Contentions served yesterday to Staples for stapleslink.com and 
eway.com.  Can you please let us know when Dr. Martin and Mr. Weinstein plan to supplement their reports to include 
the newly accused Staples features?  Staples will supplement its non‐infringement and damages rebuttal reports, within 
ten days after receiving Dr. Martin's and Mr. Weinstein's supplemental reports, to address the newly accused features.
Regards,
Dan

From: Gretchen Curran [mailto:[e-mail]]
Sent: Thursday, August 25, 2011 1:25 PM
To: Eolas Defendants; Hardt, Jonathan; Hutchins, Kate; Matuschak, Mark; Matuschak, Mark
Cc: Eolas; Bob Kramer
Subject: Eolas v. Adobe - Staples' Infringement Contentions

Dear Counsel,
In light of the Court's order requiring Eolas to "serve supplemental infringement contentions against Staples for
the stapleslink.com and eway.com websites within three days of this Order", please find such contentions
attached hereto.
Kind regards,
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.

9/3/2011