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 21

Page 1 of 12
Gretchen Curran
From:

John B. Campbell

Sent:

Thursday, September 08, 2011 6:41 PM

To:

Hutchins, Kate; Gretchen Curran; Matuschak, Mark

Cc:

Hardt, Jonathan; Eolas; Steinberg, Don; Ewenstein, Richard I; Williams, Daniel V.; Bob Kramer;
[e-mail]

Subject: RE: Eolas v. Adobe - Staples' Infringement Contentions
Kate,
It is unreasonable to place any logistical burden on Eolas to inspect the accused products to prepare its
case given that many (hundreds? thousands?) of companies have the same access to the accused
websites that Eolas is seeking. It was also wholly unreasonable to require Eolas to travel to Boston to
access these sites to generate the infringement contentions, particularly given that Staples represented
these sites did not use the accused features. We hope Staples will consider reimbursing Eolas for this
unnecessary expense.
Thanks,
John

From: Hutchins, Kate [mailto:[e-mail]]
Sent: Thursday, September 08, 2011 5:09 PM
To: Gretchen Curran; Matuschak, Mark
Cc: Hardt, Jonathan; Eolas; Steinberg, Don; Ewenstein, Richard I; Williams, Daniel V.; Bob Kramer;
[e-mail]
Subject: RE: Eolas v. Adobe - Staples' Infringement Contentions

Gretchen ‐‐

The reason articulated during the meet‐and‐confer was the burden and expense of going to Boston to 
access the websites.  If there is some other reason that our proposed alternative is unacceptable to 
Eolas, please let us know.

Kate

From: Gretchen Curran [mailto:[e-mail]]
Sent: Thursday, September 08, 2011 5:52 PM
To: Hutchins, Kate; Matuschak, Mark
Cc: Hardt, Jonathan; Eolas; Steinberg, Don; Ewenstein, Richard I; Williams, Daniel V.; Bob Kramer;
[e-mail]
Subject: RE: Eolas v. Adobe - Staples' Infringement Contentions

Kate,
Eolas will wait until 12:00 CST tomorrow to file the Motion to Compel. Should we learn
before 12:00 CST that Staples agrees to provide log-in information to stapleslink.com
and eway.com, contingent on the printouts from the websites being treated as highly confidential
under the Protective Order, Eolas will not file its Motion to Compel, contingent on Staples
agreeing to provide log-in information for stapleslink.com and eway.com by 9 AM CST
Monday, September 12 and actually providing log-in information by 9 AM CST Monday,
September 12. Such a contingency is necessary, given how long it took Staples to provide
access to its analytics systems, even after it was ordered by the Court.

9/9/2011

Page 2 of 12
Access "under the same conditions on which [Staples] previously provided access" is an unacceptable
alternative to log-in information for the reasons set forth in the meet and confer this afternoon.
Best,
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: Hutchins, Kate [mailto:[e-mail]]
Sent: Thursday, September 08, 2011 4:37 PM
To: Gretchen Curran; Matuschak, Mark
Cc: Hardt, Jonathan; Eolas; Steinberg, Don; Ewenstein, Richard I; Williams, Daniel V.; Bob Kramer;
[e-mail]
Subject: RE: Eolas v. Adobe - Staples' Infringement Contentions

Gretchen et al. -In an effort to avoid motion practice, we have reached out to our client to see if your proposed compromise -treating any printouts from the websites as highly confidential under the Protective Order -- is acceptable. We
are unlikely to get an answer today, but we should have one by tomorrow. Can we plan to touch base then? If
we still cannot agree, and you file your motion tomorrow, we can still agree to file our opposition on
Wednesday so the agreed expedited briefing schedule will not be affected.
In the meantime, one other possible compromise is that we provide additional access under the same conditions
on which we've previously provided access, but in a city convenient to your counsel or experts. Please let us
know if this alternative would be acceptable.
Kate

From: Gretchen Curran [mailto:[e-mail]]
Sent: Thursday, September 08, 2011 4:30 PM
To: Gretchen Curran; Hutchins, Kate; Matuschak, Mark
Cc: Hardt, Jonathan; Eolas; Steinberg, Don; Ewenstein, Richard I; Williams, Daniel V.; Bob Kramer;
[e-mail]
Subject: RE: Eolas v. Adobe - Staples' Infringement Contentions

Attached, please find Eolas' Unopposed Motion for Expedited Briefing on Eolas' Motion to Compel. If I do not
hear back from you regarding any modifications to the attached Motion by 5:00 pm CST this evening, I will
9/9/2011

Page 3 of 12
assume you have no changes/objections to the content therein.
Thank you,
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, September 06, 2011 4:41 PM
To: Hutchins, Kate; Matuschak, Mark
Cc: Hardt, Jonathan; Eolas; Steinberg, Don; Ewenstein, Richard I; Williams, Daniel V.; Bob Kramer;
[e-mail]
Subject: RE: Eolas v. Adobe - Staples' Infringement Contentions

Thank you, Kate! 4 pm Eastern on Thursday works. I will send a calendar invite with call-in information.
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: Hutchins, Kate [mailto:[e-mail]]
Sent: Tuesday, September 06, 2011 4:25 PM
To: Gretchen Curran; Matuschak, Mark
Cc: Hardt, Jonathan; Eolas; Steinberg, Don; Ewenstein, Richard I; Williams, Daniel V.; Bob Kramer;
[e-mail]
Subject: RE: Eolas v. Adobe - Staples' Infringement Contentions

I couldn't, but Michael and I could both do 4 pm Eastern on Thursday.

9/9/2011

Page 4 of 12

From: Gretchen Curran [mailto:[e-mail]]
Sent: Tuesday, September 06, 2011 4:49 PM
To: Hutchins, Kate; Matuschak, Mark
Cc: Hardt, Jonathan; Eolas; Steinberg, Don; Ewenstein, Richard I; Williams, Daniel V.; Bob Kramer;
[e-mail]
Subject: RE: Eolas v. Adobe - Staples' Infringement Contentions

Dear Kate,
I wish that it worked--in the meantime of trying to schedule this, Mike McKool's schedule tomorrow has filled
up. Could you do 2 pm Eastern on Thursday? Is Mike Richardson available then as well?
Thank you!
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: Hutchins, Kate [mailto:[e-mail]]
Sent: Tuesday, September 06, 2011 3:41 PM
To: Gretchen Curran; Matuschak, Mark
Cc: Hardt, Jonathan; Eolas; Steinberg, Don; Ewenstein, Richard I; Williams, Daniel V.; Bob Kramer
Subject: RE: Eolas v. Adobe - Staples' Infringement Contentions

Gretchen ‐‐

I am available tomorrow at 2 pm Eastern.  Would that work?

Kate

From: Gretchen Curran [mailto:[e-mail]]
Sent: Tuesday, September 06, 2011 4:29 PM
To: Gretchen Curran; Matuschak, Mark
Cc: Hardt, Jonathan; Eolas; Steinberg, Don; Hutchins, Kate; Ewenstein, Richard I; Williams, Daniel V.; Bob Kramer
Subject: RE: Eolas v. Adobe - Staples' Infringement Contentions

Dear Kate,
I just left you a voicemail repeating, in essence, my email below.
Thanks

9/9/2011

Page 5 of 12
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, September 06, 2011 1:51 PM
To: Gretchen Curran; Matuschak, Mark
Cc: Hardt, Jonathan; Eolas; Steinberg, Don; Hutchins, Kate; Ewenstein, Richard I; Williams, Daniel V.; Bob Kramer
Subject: RE: Eolas v. Adobe - Staples' Infringement Contentions

Dear Kate,
Could you please let me know dates and times you are available for a meet and confer? Eolas seeks prompt
resolution of the issue regarding log-in information for stapleslink.com and eway.com.
Thank you,
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, September 06, 2011 10:24 AM
To: Matuschak, Mark
Cc: Hardt, Jonathan; Eolas; Steinberg, Don; Hutchins, Kate; Ewenstein, Richard I; Williams, Daniel V.; Bob Kramer
Subject: RE: Eolas v. Adobe - Staples' Infringement Contentions

Thank you, Mark. Eolas agrees to permit Kate Hutchins to substitute for you on the meet and confer.

9/9/2011

Page 6 of 12
Best,
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, September 06, 2011 10:23 AM
To: Gretchen Curran
Cc: Gretchen Curran; Hardt, Jonathan; Eolas; Steinberg, Don; Hutchins, Kate; Ewenstein, Richard I; Williams, Daniel V.;
Bob Kramer
Subject: Re: Eolas v. Adobe - Staples' Infringement Contentions

Gretchen As previously mentioned, I'm not available until Friday. If you will agree to permit Kate Hutchins to substitute
for me on this meet and confer, I'll check with her as she probably can do it sooner. Otherwise, please propose
times when you are available on Friday.
Regards,
Mark
On Sep 6, 2011, at 10:51 AM, "Gretchen Curran" <[e-mail]> wrote:
Dear Mark,
Staples' delay in conducting an L.R. 7 and reaching a resolution and, if not possible, seeking Court
intervention regarding log-in information for stapleslink.com and eway.com prejudices Eolas'
ability to complete its supplemental expert reports. As you indicated in your email on Friday, you
apparently are available for a meet and confer this Friday; however, Eolas would like to obtain a
prompt resolution of this issue. Thus, please let me know all dates/times you are available this
week.
Thank you,
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
9/9/2011

Page 7 of 12
[e-mail] | www.mckoolsmith.com
NOTICE OF CONFIDENTIALITY:
The information contained in and transmitted with this email is SUBJECT TO THE ATTORNEYCLIENT 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 email 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, September 02, 2011 6:03 PM
To: Gretchen Curran; Matuschak, Mark
Cc: Hardt, Jonathan; Eolas; Steinberg, Don; Hutchins, Kate; Ewenstein, Richard I; Williams, Daniel V.; Bob
Kramer; Mike McKool; Douglas A. Cawley
Subject: RE: Eolas v. Adobe - Staples' Infringement Contentions

Dear Mark,
I did not hear back from you regarding your availability for the L.R. 7 meet and confer on the issue
regarding access to stapleslink.com and eway.com. Eolas seeks prompt resolution of the issue
through discussions between the parties on the L.R. 7 call or, if necessary, through Court
involvement, as expert reports necessarily depend on such access. Waiting an entire week for an
L.R. 7 does not allow us to obtain prompt resolution. Please provide all dates/times next week you
are available for the L.R. 7.
Best,
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 ATTORNEYCLIENT 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 email 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, September 02, 2011 2:15 PM
To: Matuschak, Mark
Cc: Hardt, Jonathan; Eolas; Steinberg, Don; Hutchins, Kate; Ewenstein, Richard I; Williams, Daniel V.; Bob
Kramer; Mike McKool; Douglas A. Cawley
Subject: RE: Eolas v. Adobe - Staples' Infringement Contentions

9/9/2011

Page 8 of 12
Mark,
While we are happy to discuss this issue as long as this takes, we suspect that, given your position,
the meet and confer will not take long. Have you no time in the next week, prior to Friday, to
conduct a meet and confer? Given the importance of the issue, we would like to have an L.R. 7
soon in the hopes of getting the issue resolved, and if that fails, get our motion to compel on file.
Thank you,
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 ATTORNEYCLIENT 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 email 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: Friday, September 02, 2011 2:00 PM
To: Gretchen Curran
Cc: Hardt, Jonathan; Eolas; Steinberg, Don; Hutchins, Kate; Ewenstein, Richard I; Williams, Daniel V.; Bob
Kramer
Subject: Re: Eolas v. Adobe - Staples' Infringement Contentions

We're not sending them log in codes. I can do the call next Friday.
On Sep 2, 2011, at 2:34 PM, "Gretchen Curran" <[e-mail]> wrote:
Dear Jonathan,
There was no such agreement that Eolas would not need further access to the accused
websites to draft expert reports for infringement and damages. Eolas merely seeks login codes for these publicly available websites that can easily be sent in an email
without delay. If Staples is refusing to provide such log-in codes for the accused
websites, please provide what times on Tuesday, September 6th Staples' local/lead
counsel are available for an L.R. 7 meet and confer.
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
9/9/2011

Page 9 of 12
[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: Hardt, Jonathan [mailto:[e-mail]]
Sent: Friday, September 02, 2011 12:46 PM
To: Gretchen Curran
Cc: Eolas; Matuschak, Mark; Steinberg, Don; Hutchins, Kate; Ewenstein, Richard I; Williams,
Daniel V.; Bob Kramer
Subject: RE: Eolas v. Adobe - Staples' Infringement Contentions

Gretchen,
Prior to scheduling any LR7 conference, please fully respond to our e‐mail.  We would like an 
explanation why your team now needs more review given its claims to already have sufficient 
information to determine that these websites infringe and given the parties' preexisting 
agreement.
Regards, 
Jonathan
From: Gretchen Curran [mailto:[e-mail]]
Sent: Friday, September 02, 2011 11:40 AM
To: Hardt, Jonathan
Cc: Eolas; Matuschak, Mark; Steinberg, Don; Hutchins, Kate; Ewenstein, Richard I; Williams,
Daniel V.; Bob Kramer
Subject: RE: Eolas v. Adobe - Staples' Infringement Contentions

Dear Jonathan,
Eolas' lead counsel is available on Tuesday for an L.R. 7 meet and confer on this
issue. Please let me know what times on Tuesday your local/lead counsel are
available, as Eolas intends to file its motion to compel on Tuesday should a resolution
not be reached.
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
9/9/2011

Page 10 of 12
destroyed.
From: Hardt, Jonathan [mailto:[e-mail]]
Sent: Friday, September 02, 2011 9:40 AM
To: Gretchen Curran
Cc: Eolas; Matuschak, Mark; Steinberg, Don; Hutchins, Kate; Ewenstein, Richard I; Hardt,
Jonathan; Williams, Daniel V.; Bob Kramer
Subject: RE: Eolas v. Adobe - Staples' Infringement Contentions

Gretchen,
I'm responding to your e‐mail to Dan Williams.  As you are aware, Staples explicitly agreed it 
would not object to Eolas amending its infringement contentions if and only if Eolas would 
agree on a universe of documents it needed related to those amended contentions.   We 
agreed on a list of documents and you did not ask for additional review or other material at 
that time.  In reliance on your statements about the documents to which you would agree to 
limit your request, Staples consented to Eolas' motion to amend.  Having now obtained that 
amendment without opposition, you seek to change our agreement.  
Further, given that your expert already reviewed the sites, printed more than 100 pages from 
them, and, thereafter Eolas amended its infringement contentions, it is apparent that Eolas 
already has all of the information it claims to need to assert that these websites infringe 
Eolas' patents.  Your request for further review seems plainly designed merely to harass 
Staples, change the parties' agreement, and not for any legitimate purpose.
Notwithstanding all of the above, if you can explain why Eolas ‐ which already claims to have 
sufficient information to determine that these websites infringe ‐ needs yet more review, we 
will consider your request in good faith.  
Regards,
Jonathan
From: Gretchen Curran [mailto:[e-mail]]
Sent: Tuesday, August 30, 2011 12:23 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

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 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

9/9/2011

Page 11 of 12
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
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From: Williams, Daniel V. [mailto:[e-mail]]
Sent: Friday, August 26, 2011 4:32 PM
To: Gretchen Curran
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

9/9/2011

Page 12 of 12
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.

9/9/2011