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, ).

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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 }

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