Eolas Technologies Incorporated v. Adobe Systems Incorporated et al

Filing 974

RESPONSE in Opposition re 965 MOTION for Reconsideration re 914 Memorandum & Opinion, EOLAS' MOTION TO RECONSIDER CONSTRUCTION OF "EXECUTABLE APPLICATION" IN MEMORANDUM OPINION AND ORDER (DKT. NO. 914) OR, IN THE ALTERNATIVE, TO CERTIFY THE QUESTION FOR INTERLO MOTION for Reconsideration re 914 Memorandum & Opinion, EOLAS' MOTION TO RECONSIDER CONSTRUCTION OF "EXECUTABLE APPLICATION" IN MEMORANDUM OPINION AND ORDER (DKT. NO. 914) OR, IN THE ALTERNATIVE, TO CERTIFY THE QUESTION FOR INTERLO cutory Appeal filed by Adobe Systems Incorporated, Amazon.com Inc., CDW Corporation, Citigroup Inc., Frito-Lay, Inc., Google Inc., J.C. Penney Corporation, Inc., Staples, Inc., The Go Daddy Group, Inc., Yahoo! Inc., YouTube, LLC. (Attachments: # 1 Affidavit, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C)(Jones, Michael) (Additional attachment(s) added on 9/15/2011: # 5 Text of Proposed Order) (mjc, ).

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF TEXAS
TYLER DIVISION

EOLAS TECHNOLOGIES
INCORPORATED,
PLAINTIFF,
v.
ADOBE SYSTEMS INC., et al.,
DEFENDANTS.

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Civil Action No. 6:09-CV-446-LED

JURY TRIAL DEMANDED

DECLARATION OF LAUREN N. ROBINSON IN SUPPORT OF DEFENDANTS’
OPPOSITION TO PLAINTIFF EOLAS’ MOTION TO RECONSIDER
CONSTRUCTION OF “EXECUTABLE APPLICATION” IN MEMORANDUM
OPINION AND ORDER (DKT. NO. 914) OR, IN THE ALTERNATIVE, TO
CERTIFY THE QUESTION FOR INTERLOCUTORY APPEAL

27979773_1

I, Lauren N. Robinson, declare as follows:
1.

I am an associate at the law firm of Ropes and Gray LLP, counsel for defendants

Google, Inc. and YouTube, LLC. I am admitted to practice law before this Court (pro hac vice)
and all of the courts of the State of California.
2.

I make this declaration of my own personal knowledge. If called to testify as to

the truth of the matters stated herein, I could and would testify competently.
3.

Attached hereto as Exhibit A is a true and correct copy of the September 27, 2005

Notice of Intent to Issue Ex Parte Reexamination Certificate from the reexamination file history
of U.S. Patent No. 5,838,906 (Application No. 90/006,831).
4.

Attached hereto as Exhibit B is a true and correct copy of an email exchange

between Ed Reines, counsel for Amazon and Yahoo, and Josh Budwin, counsel for Eolas.
5.

Attached hereto as Exhibit C is a true and correct copy of “United States Court of

Appeals for the Federal Circuit, Median Time to Disposition in Cases Terminated After Hearing
or Submission,” available at http://www.cafc.uscourts.gov/images/stories/the-court/statistics/
Median_Dispositon_Time_for_Cases_Terminated_after_Hearing_or_Submission_Detailed_
Table_of_Data_2001-2010.pdf.
I declare under penalty of perjury under the laws of the United States that the foregoing is
true and correct.

Date: September 13, 2011

27979773_1

/s/ Lauren N. Robinson
Lauren N. Robinson