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 5

Holly E. Engelmann
Tom Fasone III
Wednesday. June 22, 2011 6:30 AM
[e-mail]
Ewenstein, Richard I; John B. Campbell; JR Johnson; Eolas; Daniel V. Williams; Maluschak,
Mark; Steinberg, Don; [e-mail]; Matt Rappaport;
[e-mail]
RE: EolaslStaples: Third Request for Access to Websites

From:

Sent:
To:

Cc:
Subject:

Kate
We need an answer to this issue by the close of business today. You promised that you would have an answer
by the beginning of this week. Today is Wednesday.
Staples has had more than ample time to consider Eolas' request. If the answer is no, then we need the
availability of your lead and local counsel for a LR7 so that we may raise this matter with Judge Davis via
motion practice.
Best,
Tom

From: Tom Fasone IIi
Sent: Thursday, June 16,2011 5:34 PM
To: [e-mail]
Cc: Ewenstein, Richard I; John B. Campbell; JR Johnson; Eolas; Daniel V. Williams; Matuschak, Mark;
Steinberg, Don; [e-mail]; Matt Rappaport; [e-mail]
Subject: EolasiStaples: Third Request for Access to Websites
Kate
It has been two weeks since our initial request for access to these websites. The request is quite simple in nature
and are quite surprised as to the delay in letting us know Staples' position. We know that yOUT firm has been in
contact with the client, as client representatives have been present at the depositions on Tuesday, June 14, and
today, June 16. in Framingham.
Please advise by the COB tomorrow. If Staples' is unwilling to provide the requested access, then, given the
amount of time that has lapsed since Eolas' initial request and the rapidly approaching discovery deadline in this
matter, we ask that when you include in your email the availability of your lead and local counsel to address this
via a LR 7 conference so that we may seek redress from the Court as soon as possible.
Thank you.
Tom

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From: Don Gaiser
1

Sent: Thursday, June 16,2011 5:25 PM
To: Tom Fasone III
Subject: RE: Don -- can you quickly put your hands on my last email to hutchins asking for
Tom, attached is the e-mail regarding this issue.
-----Original Message----­
From: Tom Fasone III
Sent: Thursday, June 16,20115:20 PM
To: Don Gaiser
Subject: Don -- can you quickly put your hands on my last email to hutchins asking for
Importance: High

the passcodeiaccess to staples.link.com and eway.com, etc.

2