Eolas Technologies Incorporated v. Amazon.com, Inc.
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 EOLAS TECHNOLOGIES Case No.17-cv-03022-JST (JSC)
INCORPORATED,
8 Plaintiff, ORDER RE: PATENT EXTENSION DELAY PRIVILEGE WAIVER v. DISPUTE 10 AMAZON.COM INC, et al., Dkt. Nos. 671 11 Defendants.
12 Now pending before the Court is a discovery dispute joint letter regarding Defendants’ contention that they should be allowed to use Eolas’ attorney-client communications to prove their patent prosecution delay affirmative defense. After carefully considering the parties’ submissions, and the record in this case, the Court concludes that oral argument is unnecessary, see N.D. Cal. Civ. L.R. 7-1(b), and DENIES Defendants’ motion. BACKGROUND In this action Eolas alleges that Amazon, Google, and Walmart infringe United States Patent No. 9,195,507 (“the ’507 Patent”). Eolas, Amazon, and Google were parties to prior litigation in the District Court for the Eastern District of Texas. See Eolas…