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 6

Holly E. Engelmann
From:

Sent:
To:
Cc:

Subject:

Hutchins, Kate [[e-mail]
Wednesday, June 22, 2011 8:50 AM
Tom Fasone III
Ewenstein, Richard I; John B. Campbell; JR Johnson; Eolas; Williams, Daniel V.; Matuschak,
Mark; Steinberg, Don; [e-mail]; Mati Rappaport; Hardt, Jonathan
RE: EolaslStaples: Third Request for Access to Websites

Tom-­
As you know from corporate representative testimony, the sites you request access to (stapleslink.com,

eway.com, and staplesadvantage.com) do not have the accused features in this case, and we do not see why you

seek, or are entitled to, access to irrelevant information,

Additionally, with respect to quill.com, Quill is not a defendant in this case.

Lead and local counsel can be available tor a meet-and-confer after the hearing in Texas next week.

Kate

-----Original Message----­
From: Tom Fasone III [mailto:tfasone@McKooISmith,comJ

Sent: Wednesday, June 22, 2011 7:30 AM

To: Hutchins, Kate

Cc: Ewenstein, Richard I; John B. Campbell; JR Johnson; Eolas; Williams, Daniel V.; Matuschak, Mark;

Steinberg, Don; MRichardson@brsfirm,com; Matt Rappaport; Hardt, Jonathan

Subject: RE: Eolas/Staples: Third Request for Access to Websites

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 LR 7 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; Matusehak, Mark; Steinberg, Don; mriehardson@brsfirm,com; MatI

Rappaport; [e-mail]

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Subject: EolasfStaples: 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 your
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. [fStaples' is unwilling to provide
the requested access, then, given the amount oftime 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 LR7
conference so that we may seek redress from the Court as soon as
possible.
Thank you.
Torn

...

_----- ------ --­

From: Don Gaiser
Sent: Thursday, June 16,2011 5:25 PM
To: Torn Fasone III
Subject: RE: Don -- can you quickly put your hands on my last email to
hutchins asking tor
Tom, attached is the e-mail regarding this issue.
-----Original Message----­
From: Torn 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 passcode/access to staples.1ink.com and cway.com, etc.

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