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.

§
§
§
§
§
§
§
§
§
§
§

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

JURY TRIAL DEMANDED

ORDER DENYING 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
Having considered 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, and the response of Defendants, it is hereby ORDERED
that Plaintiff Eolas’ Motion (Dkt #965) is DENIED.

{A07/7713/0013/W0485523.1 }