Eolas Technologies Incorporated v. Adobe Systems Incorporated et al

Filing 996

RESPONSE in Opposition re 877 SEALED MOTION [DEFENDANTS' MOTION FOR SUMMARY JUDGMENT OF INVALIDITY FOR LACK OF WRITTEN DESCRIPTION] SEALED MOTION [DEFENDANTS' MOTION FOR SUMMARY JUDGMENT OF INVALIDITY FOR LACK OF WRITTEN DESCRIPTION] SEALED MOTION [DEFENDANTS' MOTION FOR SUMMARY JUDGMENT OF INVALIDITY FOR LACK OF WRITTEN DESCRIPTION] 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 Exhibit E, # 8 Exhibit F, # 9 Exhibit G, # 10 Exhibit H, # 11 Exhibit I, # 12 Text of Proposed Order)(McKool, Mike)

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.

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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 SUMMARY
JUDGMENT OF INVALIDITY FOR LACK OF WRITTEN DESCRIPTION
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 Summary Judgment of Invalidity for Lack
of Written Description, 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.
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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 excerpts from

“PostScript® Language Reference third edition” by Adobe Systems Incorporated.
5.

Attached hereto as Exhibit C is a true and correct copy of excerpts of Appendix A

to United States Patent Number 5,838,906.
6.

Attached hereto as Exhibit D is a true and correct copy of Appendix B to United

States Patent Number 5,838,906.
7.

Attached hereto as Exhibit E is a true and correct copy of excerpts from the July

22, 2011 deposition of Cheong Ang, an inventor of United States Patent Number 5,838,906.
8.

Attached hereto as Exhibit F is a true and correct copy of excerpts from David

Martin’s Main Infringement Report, served on Wednesday, July 20, 2011.
9.

Attached hereto as Exhibit G is a true and correct copy of excerpts from the July

15, 2003 trial testimony in the Northern District of Illinois of Ed Felten, an Eolas expert in Eolas
Technologies, Inc. v. Microsoft Corp., No. 99-C-0626, (N.D. Ill., filed Feb. 2, 1999).
10.

Attached hereto as Exhibit H is a true and correct copy of excerpts from the June

30, 2011 deposition of Michael Doyle, an inventor of United States Patent Number 5,838,906.
11.

Attached hereto as Exhibit I is a true and correct copy of a declaration by an Eolas

expert, David Martin, in support of Eolas’ Response to Defendants’ Motion for Summary
Judgment of Invalidity for Lack of Written Description.
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.

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Josh Budwin

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