`
`571-272-7822
`Date Entered: July 21, 2014
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`APPLE, INC.,
`TWITTER, INC., AND YELP INC.,
`Petitioners,
`
`v.
`
`EVOLUTIONARY INTELLIGENCE, LLC,
`Patent Owner.
`____________
`
`Case IPR2014-00086
`Case IPR2014-00812
`Patent 7,010,536
`___________
`
`
`
`BRIAN J. McNAMARA, Administrative Patent Judge.
`
`
`
`
`ORDER CONCERNING FILING PAPERS IN JOINED PROCEEDING AND
`EXPUNGING PAPERS FILED IN IPR2014-00812
`Conduct of the Proceeding
`37C.F.R. § 42.5
`
`
`
`
`Case IPR2014-00086; IPR2014-00812 (joined)
`Patent 7,010,536
`
`
` On June 25, 2014 we joined IPR2014-00812 brought by Twitter, Inc. and
`
`Yelp Inc., and IPR2014-00086, brought by Apple, Inc. (IPR2014-00812, Paper 12;
`
`IPR2014-00086, Paper 16). Page 5 of our Decision Granting the Motion for
`
`Joinder ordered that IPR2014-00812 was terminated and that all further filings in
`
`the joint proceeding shall be made in IPR2014-00086.
`
` On July 18, 2014 Evolutionary Intelligence, LLC filed a Patent Owner’s
`
`Response and Exhibits 2001-2006 in IPR2014-00812. In view of the fact that
`
`IPR2014-00812 has been terminated, the filings made by Evolutionary
`
`Intelligence, LLC in IPR2014-00812 will be expunged.
`
`It appears that Evolutionary Intelligence, LLC filed the same papers in
`
`IPR2014-00086. However, Evolutionary Intelligence is granted until July 23,
`
`2014, to file any papers in IPR2014-00086 that were filed erroneously in IPR2014-
`
`00812 on July 18, 2014 and not filed in IPR2014-00086.
`
`In consideration of the above, it is
`
`ORDERED that the Patent Owner’s Response and Exhibits 2001-2006 filed
`
`on July 18, 2014 in IPR2014-00812 are to be expunged;
`
`FURTHER ORDERED that Evolutionary Intelligence, Inc. may file in
`
`IPR2014-00086 those papers, if any, that were erroneously filed in IPR2014-00812
`
`on July 18, 2014, but not filed in IPR2014-00086. No new or revised papers may
`
`be filed in IPR2014-00086; and
`
`FURTHER ORDERED that all papers in the joined proceeding are to be
`
`filed in IPR2014-00086.
`
`
`
`
`
`
`
`
`
`
`
`2
`
`
`
`Case IPR2014-00086; IPR2014-00812 (joined)
`Patent 7,010,536
`
`
`
`
`PETITIONER (Apple, Inc.):
`
`Jeffrey Kushan
`jkushan@sidley.com
`
`
`PETITIONER (Twitter, Inc. and Yelp Inc.)
`Vaibhav P. Kadaba
`wkadaba@kilpatricktownsend.com
`
`
`PATENT OWNER:
`
`Anthony Patek
`pto@gutridesafier.com
`
`Todd Kennedy
`todd@guttridesafier.com
`
`
`
`
`
`
`
`
`
`
`3
`
`
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