UNITED STATES PATENT AND TRADEMARK OFFICE
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
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`TWITTER, INC. AND YELP INC.
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`Petitioners
`
`V.
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`EVOLUTIONARY INTELLIGENCE, LLC
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`Patent Owner
`
`Case IPR2014-00092
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`Patent 7,010,536
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`MOTION FOR PRO HAC VICE ADMISSION
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`UNDER 37 U.S.C. § 42.10
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`
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`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`TWITTER, INC. AND YELP INC.
`
`Petitioners
`
`V.
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`EVOLUTIONARY INTELLIGENCE, LLC
`
`Patent Owner
`
`Case IPR2014-00092
`
`Patent 7,010,536
`
`MOTION FOR PRO HAC VICE ADMISSION
`
`UNDER 37 U.S.C. § 42.10
`
`
`
`Pursuant to the Board’s Notice of Filing Date Accorded to Petition and Time
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`for Filing Patent Owner Preliminary Response, dated October 30, 2013, Petitioners
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`respectfully request that the Board recognize Mr. Robert D. Tadlock as counsel pro
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`hac vice during this proceeding.
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`1.
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`Statement of Facts
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`Good cause exists for the Board to recognize Mr. Tadlock pro hac vice
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`during this proceeding. Mr. Tadlock is an experienced litigation attorney, and has
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`been involved in numerous litigations involving patent infringement in District
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`Courts across the country. He has experience in jury trials, Markman hearings, and
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`Federal Circuit oral arguments in patent infringement litigation matters. See
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`Declaration of Robert D. Tadlock In Support of Motion to Appear Pro Hac Vice,
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`Ex. A [Tadlock Bio]. Further, Mr. Tadlock is counsel for Petitioners in concurrent
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`litigation and is familiar with United States Patent 7,010,536 that is the subject of
`
`this petition as well as the prior art relied upon in the petition. Id. , 11 7.
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`Mr. Tadlock is a member in good standing of the State Bar of California. He
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`has never been suspended or disbarred from practice before any court or
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`administrative body. Id. , 1] 1. He has never had an application for admission to
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`practice before any court or administrative body denied. Id. , fl 2. No sanctions or
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`contempt citations have been imposed against him by any court or administrative
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`body. 161., fl 3. Mr. Tadlock has read and will comply with the Office Patent Trial
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`
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`Practice Guide and the Board’s Rules of Practice for Trials set forth in part 42 of
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`37 CPR. Id, 11 4. Mr. Tadlock will be subject to the USPTO Rules of
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`Professional Conduct set forth in 37 C.F.R. §§ 11.101 et. seq. and disciplinary
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`jurisdiction under 37 C.F.R. § 11.19(a). Id, 1] 5.
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`Respectfully submitted,
`
`By: ng)‘
`
`Vaibhav P. Kadaba
`
`Registration No. 45,865
`Lead Counsel for Petitioners
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`
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`AFFIDAVIT 0F ROBERT D. TADLOCK IN SUPPORT OF MOTION FOR
`
`PRO HAC VICE ADMISSION
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`I, Robert D. Tadlock, being duly sworn and upon oath, hereby attest to the
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`following:
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`1.
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`I am a member in good standing of the State Bar of California.
`
`I have
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`never been suspended or disbarred from practice before any court or administrative
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`body.
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`2.
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`I have never had an application to practice before any court or
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`administrative body denied.
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`3.
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`No sanctions or contempt citations have ever been imposed against
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`me by any court or administrative body.
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`4.
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`I have read and will comply with the Office Patent Trial Practice
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`Guide and the Board’s Rules of Practice for Trials set forth in part 42 of the CPR.
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`5.
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`I will be subject to the USPTO Code of Professional Responsibility
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`set forth in 37 CPR. §§ 10.20 et seq. and disciplinary jurisdiction under 37 CPR.
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`§ 1 1.19(a).
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`6.
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`I have not applied to appear pro hac vice in the last three (3) years in
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`any other proceeding before the Office.
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`7.
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`I am familiar with the subject matter of this proceeding.
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`I am counsel
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`for Petitioners in concurrent litigation, am familiar with United States Patent No.
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`
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`7,010,5 36 and have analyzed the prior art reference that is the subject of the
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`Petition and assisted in preparation of the Petition.
`
`fiw
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`Robert D. Tadlock
`
`Kilpatrick Townsend & Stockton LLP
`Two Embarcadero Center, 8th Floor
`San Francisco, CA 94111
`Telephone: (415) 576-0200
`Facsimile: (415) 576—0300
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`5.19? h?d’+ F47€
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`CALIFORNIA JUHATWITI'I AFFIANIT STATEMENT
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`KSee Attached Document (Notary to cross out lines 1—6 below)
`l‘l See Statement Below (Lines 1—6 to be completed only by document signer[s], not Notary)
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`
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`Signature of Document Signer No. 1
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`Signature of Document Signer No. 2 (it any)
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`State of Caliiornia
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`Subscribed and sworn to (or affirmed) before me
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`County of £61 a Fraud . 5ft?
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`on this 2:: day of 0c+0199r~
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`Month
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`, 2013 ,
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`Year
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`proved to me on the basis of satisfactory evidence
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`SanIFrarIclsco Gently
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`Name of Signer
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`proved me on the basis of satisfactory evidence
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`Signature of Notary Public
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`Place Notary Seal Above
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`
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`RIGHT THUIIIIBPFIINT
`0F SIGNER #1
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`FIIGHT THUMBPRINT
`OF SIGNER #2
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`Top of thumb here
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`Top of thumb here
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`Though the information Del-ow is not required bylaw. it may prove valuable
`to persons relying on the document and could prevent fraudulent removal
`and reattachment of this form to another docament.
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`Further Description of Any Attached Document
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`Tltle or Type of Document: _
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`Document Date:
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`__
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`Number of Pages:
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`I
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`Signens) Other Than Named Above:
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`® 2010 National Notary Association- NationalNotaryorg-.1 3130-le NOTARY {1-“800876—682?)
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`Item #5910
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`
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`CERTIFICATE OF SERVICE
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`The undersigned hereby certifies that a copy of this Petition for Pro Hac Vice
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`Admission and a copy of the Affidavit of Mr. Robert D. Tadlock in Support of
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`Motion for Pro Hac Vice Admission, has been served via Express Mail on
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`November 1, 2013, upon the following:
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`ORRICK, HERRINGTON & SUTCLIFFE, LLP
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`IP PROSECUTION DEPARTMENT
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`2050 Main Street, Suite 1100
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`Irvine, CA 92614
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`GUTRIDE SAFIER LLP
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`Adam J. Gutride, Esq.
`Seth A. Safier, Esq.
`Todd Kennedy, Esq.
`Anthony J. Patek, Esq.
`Marie McCrary, Esq.
`835 Douglass Street
`San Francisco, CA 94114
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`Dated: November 1, 2013
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`By, Wma
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`Vaibhav P. Kadaba
`
`Registration No. 45,865
`Counsel for Petitioners
`
`
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