`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`APPLE, INC.
`Petitioner,
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`and TWITTER INC. and YELP INC.
`Petitioners (by Joinder)
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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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`
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`NOTICE OF FILING OF CORRECTED EXHIBIT
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`Patent Owner Evolutionary Intelligence hereby seeks permission to file a
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`corrected version of Exhibit 2006(2) (Declaration of Matthew Green, Ph.D.) in IPR
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`No. 2014-00086.1 Petitioners Apple, Yelp, and Twitter have indicated that they do
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`not oppose the motion to file the corrected declaration. Patent Owner received
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`permission to file the corrected exhibit from the Board via email from paralegal
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`operations manager Maria Vignone on September 17, 2014.
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`The corrected version addresses two typographical errors, in paragraphs 68
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`and 195, where the word "not" was missing from statements that the patent "is not
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`anticipated" and "is not unpatentable," respectively. (N.B. To avoid a double
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`negative, paragraph 195 has been corrected to state merely “patentable.”) The
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`correction also deletes an inadvertent reference to obviousness in paragraph 68,
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`and corrects an inadvertent reference to claim 13 (which is not subject to review)
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`in paragraph 195. This correction brings those two paragraphs into agreement with
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`Dr. Green's declaration as a whole, which is directed to supporting Patent Owner's
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`position that the claims under review are valid, and does not address obviousness.
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`1 Patent Owner notes that it has inadvertently marked two exhibits with the number 2006: the
`above Declaration of Matthew Green, Ph.D. (Ex. 2006(2)), and the Declaration of Todd Kennedy
`in support of his motion for admission pro hac vice (Ex. 2006(1)). To the extent one of these
`exhibits may need to be renumbered, Patent Owner submits it would be preferable to renumber
`the Declaration of Todd Kennedy to Exhibit 2007, since that paper is not cited as widely in other
`papers as the Declaration of Matthew Green.
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`Dated: September 18, 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
`
`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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`2
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`CERTIFICATE OF SERVICE
`I hereby certify, pursuant to 37 CFR § 42.6, that on July 7, 2014, the same
`day as the filing of the above document, a true and correct copy of the foregoing
`NOTICE OF FILING OF CORRECTED EXHIBIT and the corrected exhibit filed
`therewith are being served via email, by agreement between the parties, on the
`following:
`
`
`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
`
`Counsel for Joining Parties Twitter Inc. and Yelp Inc.
`Vaibhav P. Kadaba & Rob Artuz
`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
`rartuz@kilpatricktownsend.com
`
`
` /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
`
`3
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