Eolas Technologies Incorporated v. Adobe Systems Incorporated et al

Filing 976

Unopposed MOTION to Expedite Its Motion to Dismiss by Adobe Systems Incorporated. (Attachments: # 1 Text of Proposed Order)(Healey, David)

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

EOLAS TECHNOLOGIES, INC.
Plaintiff,
v.

Civil Action No. 6:09-CV-446 LED
JURY TRIAL DEMANDED

ADOBE SYSTEMS INC., ET AL.,
Defendants.

DEFENDANT ADOBE SYSTEMS INCORPORATED’S MOTION TO EXPEDITE ITS
MOTION TO DISMISS FOR HEARING
Defendant Adobe Systems Incorporated (“Adobe”), moves to have its Motion to Dismiss
(Dkt #967) set for hearing with the Plaintiff’s Motion for Joinder of the Regents of the
University of California (Dkt #890) on September 21, 2011, because the subject matter, factual
and legal arguments overlap with each other. Adobe moves that any opposition to the Motion to
Dismiss be filed by September 19, 2011. Plaintiff, Eolas Technologies, Inc., does not oppose
this motion, nor do those defendants that have expressed a position on it.
Wherefore Adobe asks that its Motion to Dismiss (Dkt #967) be set for the September 21,
2011, hearing and that any opposition be filed by September 19, 2011.

DEFENDANT ADOBE SYSTEMS INCORPORATED’S MOTION TO EXPEDITE ITS MOTION TO DISMISS
FOR HEARING - Page 1

Dated: September 14, 2011

Respectfully submitted,
FISH & RICHARDSON P.C.

By: /s/ David J. Healey
David J. Healey
E-mail: [e-mail]
FISH & RICHARDSON P.C.
1 Houston Center
1221 McKinney Street, Suite 2800
Houston, TX 77010
713-654-5300 (Telephone)
713-652-0109 (Facsimile)
OF COUNSEL:
Frank E. Scherkenbach
E-mail: [e-mail]
Proshanto Mukherji
Email: [e-mail]
FISH & RICHARDSON P.C.
One Marina Park Drive
Boston, MA 02110-1878
617-542-5070 (Telephone)
617-542-8906 (Facsimile)
Jason W. Wolff
E-mail: [e-mail]
FISH & RICHARDSON P.C.
12390 El Camino Real
San Diego, CA 92130
858-678-5070 (Telephone)
858-678-5099 (Facsimile)
Counsel for Defendant
ADOBE SYSTEMS INCORPORATED

DEFENDANT ADOBE SYSTEMS INCORPORATED’S MOTION TO EXPEDITE ITS MOTION TO DISMISS
FOR HEARING - Page 2

CERTIFICATE OF CONFERENCE
Plaintiff Eolas, and Defendants Google and Staples do not oppose, other parties have not
commented or responded to Adobe, after two requests for position or to confer.
/s/ David J. Healey
CERTIFICATE OF SERVICE
The undersigned hereby certifies that a true and correct copy of the above and foregoing
document has been served on September 14, 2011 to all counsel of record who are deemed to
have consented to electronic service via the Court’s CM/ECF system per Local Rule CV-5(a)(3).
Any other counsel of record will be served by U.S. Mail.
/s/ David J. Healey

11146665.doc

DEFENDANT ADOBE SYSTEMS INCORPORATED’S MOTION TO EXPEDITE ITS MOTION TO DISMISS
FOR HEARING - Page 3