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`BEFORE THE PATENT TRIAL AND APPEAL BOARD
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`TWITTER INC. and YELP INC.
`Petitioners, v.
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`EVOLUTIONARY INTELLIGENCE, LLC,
`Patent Owner
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`Title: SYSTEM AND METHOD FOR CREATING AND MANIPULATING
`INFORMATION CONTAINERS WITH DYNAMIC REGISTERS
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`Case IPR2014-00092
`Patent No. 7,010,536
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`MOTION FOR PRO HAC VICE ADMISSION
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`UNDER 37 C.F.R. § 42.10
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`The Patent Owner, Evolutionary Intelligence LLC, respectfully requests
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`that the Board recognize Mr. Todd Kennedy as backup counsel pro hac vice
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`during this proceeding.
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`1.
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`Statement of Facts
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`There is good cause for the Board to recognize Mr. Kennedy pro hac vice.
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`Mr. Kennedy is an experienced litigation attorney, and has been involved
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`in numerous litigations involving patent infringement in District Courts across
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`the country. He has experience in jury and bench trials and Markman hearings in
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`patent infringement litigation matters. Mr. Kennedy's biography is attached
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`hereto as Exhibit 2005.
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`U.S. Patent No. 7,010,536 is currently asserted against Petitioners Twitter
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`and Yelp. in co-pending litigations, Evolutionary Intelligence, LLC v. Twitter
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`Inc., No. 3:13-cv-04207-JSW and Evolutionary Intelligence, LLC v. Yelp Inc.,
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`No. 4:13-cv-03587-DMR ("the co-pending litigation"). Mr. Kennedy is lead
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`counsel for Evolutionary Intelligence in the co-pending litigation and, as such,
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`has an established familiarity with the subject matter at issue in this proceeding.
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`In the co-pending litigation, Mr. Kennedy was heavily involved in performing
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`infringement analyses, forming claim construction positions, and drafting claim
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`charts, all of which are relied in on the petition requesting inter partes review of
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`U.S. Patent No. 7,010,536. Evolutionary has expended significant financial
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`resources in the co-pending litigation with Mr. Kennedy as lead litigation
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`counsel, and Evolutionary wishes to continue using Mr. Kennedy as counsel in
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`this proceeding.
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`Further, counsel for Petitioner does not oppose Mr. Kennedy appearing
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`pro hac vice during this proceeding.
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`Therefore, Petitioner respectfully submits that there is good cause for the
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`Board to recognize Mr. Kennedy as backup counsel pro hac vice during this
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`proceeding.
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`2.
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`Affidavit or Declaration of Individual Seeking to Appear
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`This Motion for Pro Hac Vice Admission is accompanied by an Affidavit
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`of Mr. Kennedy as required under 37 C.F.R. § 42.10.
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`Dated: March 26, 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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`CERTIFICATE OF SERVICE
`I hereby certify, pursuant to 37 CFR §§ 42.6 and 42.105, that on November
`12, 2013, the same day as the filing of the above document, a true and correct copy
`of the foregoing Motion to Appear Pro Hac Vice, including all attachments,
`appendices and exhibits, to be served via First Class U.S. Mail on the following:
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`Counsel for Third Party Requestor.
`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
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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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