UNITED STATES PATENT AND TRADEMARK OFFICE
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
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`APPLE, INC.
`Petitioner,
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`v.
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`EVOLUTIONARY INTELLIGENCE, LLC,
`Patent Owner
`
`Case IPR 2014-0086
`Patent No. 7,010,536
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`NOTICE OF DEPOSITION OF HENRY HOUH
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`UNDER 37 C.F.R. § 42.51-42.52
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`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`APPLE, INC.
`Petitioner,
`
`v.
`
`EVOLUTIONARY INTELLIGENCE, LLC,
`Patent Owner
`
`Case IPR 2014-0086
`Patent No. 7,010,536
`
`
`
`
`NOTICE OF DEPOSITION OF HENRY HOUH
`
`UNDER 37 C.F.R. § 42.51-42.52
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`Please take notice that, pursuant to 37 C.F.R. §§ 42.51-42.52, Plaintiff
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`Evolutionary Intelligence, LLC, by its counsel, will take the deposition upon oral
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`examination of the persons listed below. Each deposition will be held at a date,
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`time, and place that is agreed by counsel for all parties, or if no such agreement can
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`be reached on or before June 15, 2013, then each deposition will be held at the
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`dates, times, and locations set forth below:
`
`Deponent
`Henry Houh, Ph.D.
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`Date
`June 24, 2014
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`Location
`Time
`9:00 a.m. Sidley Austin
`60 State Street, 34th Floor
`Boston, MA 02109
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`The deposition will be taken before an officer authorized to administer oaths
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`and conduct depositions, and may be recorded stenographically and on videotape,
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`per 37 C.F.R. § 42.53, and may utilize instant visual display of the testimony. If the
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`deposition is videotaped, Plaintiff reserves the right to use the videotape at trial.
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`Pursuant to 37 C.F.R. 42.52(d), Evolutionary identifies the following list of
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`exhibits on which it may rely in taking the deposition:
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`• Exhibits 1001-1007
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`• Exhibits 2001-2004
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`• Petition for Inter Partes Review, IPR No. 2014-00086
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`• Petition for Inter Partes Review, IPR No. 2014-00079, and
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`Declaration of Henry Houh in Support thereof
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`• Petition for Inter Partes Review, IPR No. 2014-00080, and
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`Declaration of Henry Houh in Support thereof
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`• Petition for Inter Partes Review, IPR No. 2014-00082, and
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`Declaration of Henry Houh in Support thereof
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`• Petition for Inter Partes Review, IPR No. 2014-00085, and
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`Declaration of Henry Houh in Support thereof
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`• Petition for Inter Partes Review, IPR No. 2014-00092, and
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`Declaration of Don Turnbull in Support thereof
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`• US Patent #7,975,296, L. Apfelbaum, H. Houh, T. Mayberry and G.
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`Friedman, “Automated security threat testing of web pages,” July 5,
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`2011
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`• US Patent #7,877,736, H. Houh and J. N. Stern, “Computer language
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`interpretation and optimization for server testing,” January 25, 2011
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`• US Patent #7,801,910, H. Houh and J. N. Stern, “Method and
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`apparatus for timed tagging of media content,” September 21, 2010
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`• US Patent #7,590,542, D. C. Williams, W. C. Hand, H. Houh, A. R.
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`Seeley, "Method of Generating Test Scripts Using a Voice-Capable
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`Markup Language," September 15, 2009
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`• US Patent #6,967,963, H. H. Houh, P. Anderson, C. Gadda,
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`"Telecommunication method for ensuring on-time delivery of packets
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`3
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`containing time-sensitive data," November 22, 2005.
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`• US Patent #5,144,375, M. C. Gabriel, H. H. Houh, N. A. Whitaker,
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`"Sagnac Optical Logic Gate," September 1, 1992. Also European
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`Patent #91304011.9-, May 1991
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`• US Patent Application Publication No. 20020015387, "Voice Traffic
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`Packet Capture and Analysis Tool for a Data Network"
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`• US Patent Application Publication No. 20020016708, "Method and
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`Apparatus for Utilizing a Network Processor as Part of a Test System"
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`• US Patent Application Publication No. 20020016937, "Method and
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`Apparatus for Utilizing a Network Processor as Part of a Test System"
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`• US Patent Application Publication No. 20070106646, "User-directed
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`navigation of multimedia search results"
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`• US Patent Application Publication No. 20070106660, "Method and
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`apparatus for using confidence scores of enhanced metadata in search-
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`driven media applications"
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`• US Patent Application Publication No. 20070106685, "Method and
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`apparatus for updating speech recognition databases and reindexing
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`audio and video content using the same"
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`• US Patent Application Publication No. 20070106693, "Methods and
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`apparatus for providing virtual media channels based on media
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`4
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`search"
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`• US Patent Application Publication No. 20070106760, "Methods and
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`apparatus for dynamic presentation of advertising, factual, and
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`informational content using enhanced metadata in search-driven
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`media applications"
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`• US Patent Application Publication No. 20070118873, "Methods and
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`apparatus for merging media content"
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`• US Patent Application Publication No. 20090222442, "User-directed
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`navigation of multimedia search results"
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`• US Patent Application 11/395,732, “Search snippet creation for audio
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`and video data”
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`• US Patent Application 11/774,931, “Methods and apparatus for
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`managing a social networking web site”
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`• US Patent Application 11/774,947, “Methods and apparatus for
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`organizing media files”
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`• US Patent Application 11/774,956, “Methods and apparatus for
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`managing an online event”
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`• US Provisional Patent Application 61/086,909, “Measuring and
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`ranking relationship activity”
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`• US Provisional Patent Application 61/086,914, “Detecting media
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`object commonality”
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`• US Provisional Patent Application 61/086,904, “Message
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`categorization based on message characteristics”
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`• US Provisional Patent Application 61/086,905, “Photo tagging to
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`request action”
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`This deposition notice is being filed with the PTAB per 37 C.F.R. 42.52(d)(4).
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`Dated: June 3, 2014
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`Respectfully Submitted,
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` /s/Anthony J. Patek/
`Anthony J. Patek. No. 66,463
`Attorney for Evolutionary Intelligence
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`Gutride Safier LLP
`835 Douglass Street
`San Francisco, CA 94114
`Tel: (415) 639-9090
`Dir: (415) 505-6226
`Fax: (415) 449-6469
`anthony@gutridesafier.com
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`6
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`CERTIFICATE OF SERVICE
`I hereby certify, pursuant to 37 CFR § 42.6, that on June, 2014, a true and
`correct copy of the foregoing Deposition Notice of Henry Houh was served via
`email, by agreement between the parties, on the following:
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`
`Counsel for Petitioner Apple Inc.
`Jeffrey P. Kushan & Douglas I. Lewis
`Sidley Austin LLP
`1501 K Street, N.W.,
`Washington, D.C. 20005
`jkushan@sidley.com
`dilewis@sidley.com
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`Counsel for Petitioner/Joining Parties Twitter Inc. and Yelp Inc.
`Vaibhav P. Kadaba& Robert D. Tadlock
`Kilpatrick Townsend & Stockton LLP
`1100 Peachtree Street NE, Suite 2800
`Atlanta , GA 30309-4528 USA
`Telephone: (404) 532-6959
`Fax: (404) 541-3258
`wkadaba@kilpatricktownsend.com
`rtadlock@kilpatricktownsend.com
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`
` /s/Anthony J. Patek/
`Anthony J. Patek. No. 66,463
`Attorney for Patent Owner
`
`Gutride Safier LLP
`835 Douglass Street
`San Francisco, CA 94114
`Tel: (415) 639-9090
`Dir: (415) 505-6226
`Fax: (415) 449-6469
`anthony@gutridesafier.com
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