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 7

Gretchen Curran
From:
Sent:
To:
Cc:
Subject:

Hutchins, Kate [[e-mail]]
Monday, June 27, 2011 5:28 PM
Tom Fasone III
Matuschak, Mark; Eolas; [e-mail]; Hardt, Jonathan; Ewenstein, Richard I;
Williams, Daniel V.; John B. Campbell; Josh Budwin; Matt Rappaport; Don Gaiser; Angela
Ivy; Steinberg, Don; Bob Kramer
RE: Eolas/Staples: Request for LR7 on Business to Business Websites

Tom -It would be easier for us, I think, to do this meet-and-confer by phone tomorrow. I need to confirm on my end,
but would 3 pm Central work for you? Thanks.
Kate
-----Original Message----From: Tom Fasone III [mailto:[e-mail]]
Sent: Sunday, June 26, 2011 10:55 AM
To: Hutchins, Kate
Cc: Matuschak, Mark; Eolas; [e-mail]; Hardt, Jonathan; Ewenstein, Richard I; Williams,
Daniel V.; John B. Campbell; Josh Budwin; Matt Rappaport; Don Gaiser; Angela Ivy; Steinberg, Don; Bob
Kramer
Subject: RE: Eolas/Staples: Request for LR7 on Business to Business Websites
Kate
Please let us know by no later than the close of business on Monday
whether Staples is amenable to conducting the LR7 conference on access
to Staples' business to business websites immediately following the 2:00
p.m. hearing in Tyler on Wednesday so that we may make the necessary
arrangements on our end.
Thank you.
Tom
________________________________________
From: Tom Fasone III
Sent: Friday, June 24, 2011 9:16 PM
To: [e-mail]
Cc: Matuschak, Mark; Eolas; [e-mail]; Hardt, Jonathan;
Ewenstein, Richard I; Daniel V. Williams; John B. Campbell; Josh Budwin;
Matt Rappaport; Don Gaiser; Angela Ivy; Steinberg, Don
Subject: RE: Eolas/Staples: Request for LR7 on Business to Business
Websites
Kate
Based on your email below, Eolas assumes that Staples is proposing a
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face-to-face LR7 conference immediately following the 2:00 PM hearing on
Wednesday, June 29, in Tyler. Given that local and lead counsel for
both parties will be present for the hearing, Eolas thinks this would be
an ideal time and place to conduct the LR7 conference on this issue.
Please confirm.
Best,
Tom
________________________________________
From: Tom Fasone III
Sent: Thursday, June 23, 2011 9:20 AM
To: [e-mail]
Cc: Matuschak, Mark; Eolas; [e-mail]; Hardt, Jonathan;
Ewenstein, Richard I; Daniel V. Williams; John B. Campbell; Josh Budwin;
Matt Rappaport; Don Gaiser; Angela Ivy; Steinberg, Don
Subject: Eolas/Staples: Request for LR7 on Business to Business
Websites
Kate
We have analyzed the testimony of Staples' witnesses given both last
week and this week on the issue of whether these websites utilize the
accused features. Their testimony in this regard is equivocal, at best.
Eolas plans to file a motion to compel with the Court to obtain the
necessary passcodes to access these sites so that it may examine their
functionality. We assume based on your email of yesterday, that Staples
opposes such a motion. Thus, please provide a proposed date and time
for a LR7 conference with your lead and local counsel so that Eolas may
proceed to raise this matter with Judge Davis.
Best,
Tom
> -----Original Message----> From: Hutchins, Kate [mailto:[e-mail]]
> Sent: Wednesday, June 22, 2011 8:50 AM
> To: Tom Fasone III
> Cc: Ewenstein, Richard I; John B. Campbell; JR Johnson; Eolas;
> Williams, Daniel V.; Matuschak, Mark; Steinberg, Don;
> [e-mail]; Matt Rappaport; Hardt, Jonathan
> Subject: RE: Eolas/Staples: 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
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irrelevant information.
> Additionally, with respect to quill.com, Quill is not a defendant in
> this case.
>
> Lead and local counsel can be available for a meet-and-confer after
> the hearing in Texas next week.
>
> Kate
>
> -----Original Message----> From: Tom Fasone III [mailto:[e-mail]]
> 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;
> [e-mail]; 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 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: Eolas/Staples: 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.
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> 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 LR7 conference so that we may seek redress from the Court
> as soon as possible.
>
> Thank you.
>
> Tom
>
>
> ________________________________________
> From: Don Gaiser
> 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, 2011 5:20 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.link.com and eway.com, etc.
>

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