Eolas Technologies Incorporated v. Adobe Systems Incorporated et al

Filing 995

RESPONSE in Opposition re 874 SEALED PATENT MOTION for Partial Summary Judgment of Non-Infringement Based on Divided Infringement filed by Eolas Technologies Incorporated. (Attachments: # 1 Declaration of Josh Budwin, # 2 Exhibit A1, # 3 Exhibit A2, # 4 Exhibit B, # 5 Exhibit C, # 6 Exhibit D, # 7 Text of Proposed Order)(McKool, Mike) (Additional attachment(s) added on 10/3/2011: # 8 Exhibit B Searchable, # 9 Exhibit C Searchable, # 10 Exhibit D Searchable) (mjc, ).

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF TEXAS
TYLER DIVISION
Eolas Technologies Incorporated,
Plaintiff,
vs.
Adobe Systems Inc., Amazon.com, Inc.,
Apple Inc., Argosy Publishing, Inc.,
Blockbuster Inc., CDW Corp.,
Citigroup Inc., eBay Inc., Frito-Lay, Inc.,
The Go Daddy Group, Inc., Google Inc.,
J.C. Penney Company, Inc., JPMorgan
Chase & Co., New Frontier Media, Inc.,
Office Depot, Inc., Perot Systems Corp.,
Playboy Enterprises International, Inc.,
Rent-A-Center, Inc., Staples, Inc., Sun
Microsystems Inc., Texas Instruments Inc.,
Yahoo! Inc., and YouTube, LLC
Defendants.

§
§
§
§
§
§
§
§
§
§
§
§
§
§
§
§
§
§
§
§

Civil Action No. 6:09-CV-00446-LED

JURY TRIAL

UNDER SEAL

DECLARATION OF JOSH BUDWIN IN SUPPORT OF EOLAS’
RESPONSE TO DEFENDANTS’ MOTION FOR PARTIAL SUMMARY
JUDGMENT OF NON-INFRINGEMENT BASED ON DIVIDED INFRINGEMENT
I, Josh Budwin, do state and declare as follows:
1.

I am an attorney with the law firm of McKool Smith PC (McKool Smith), counsel

for Plaintiff Eolas Technologies Incorporated (Eolas) in this action. I make this declaration in
support of Eolas’ Response to Defendants’ Motion for Partial Summary Judgment of NonInfringement Based on Divided Infringement, filed herewith.

Unless otherwise stated, the

matters contained in this declaration are of my own personal knowledge and, if called as a
witness, I could and would testify competently to the matters set forth herein.
2.

Attached hereto as Exhibit A1 is a true and correct copy of United States Patent

Number 5,838,906.
1
McKool 399501v1

3.

Attached hereto as Exhibit A2 is a true and correct copy of the Ex Parte

Reexamination Certificate for United States Patent Number 5,838,985 issued on February 3,
1999.
4.

Attached hereto as Exhibit B is a true and correct copy of United States Patent

Number 5,838,985.
5.

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

Number 5,490,216.
6.

Attached hereto as Exhibit D is a true and correct copy of United States Patent

Number 6,792,110.
I declare under penalty of perjury that the foregoing is true and correct and that this
declaration was executed on September 28, 2011, in Austin, Texas.

Josh Budwin

2
McKool 399501v1