`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
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`FACEBOOK INC.
`Petitioner,
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`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
`
`Inter Partes Review No. 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. Patents Nos. 7,010,536 and 7,702,682 are currently asserted against
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`Petitioner Apple Inc. in a co-pending litigation, Evolutionary Intelligence, LLC
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`v. Facebook Inc., No. 3:13-cv-04202-SI ("the co-pending litigation"). Mr.
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`Kennedy is lead counsel for Evolutionary Intelligence in the co-pending
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`litigation and, as such, has an established familiarity with the subject matter at
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`issue in this proceeding. In the co-pending litigation, Mr. Kennedy was heavily
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`involved in performing infringement analyses, forming claim construction
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`positions, and drafting claim charts, all of which are relied on in the petition
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`requesting inter partes review in this case. Evolutionary has expended
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`significant financial resources in the co- pending litigation with Mr. Kennedy as
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`lead litigation counsel, and Evolutionary wishes to continue using Mr. Kennedy
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`as counsel in 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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`
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`Dated: March 26, 2013
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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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`
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`CERTIFICATE OF SERVICE
`I hereby certify, pursuant to 37 CFR § 42.6, 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, is being served via electronic mail on the following:
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`
`Counsel for Third Party Requestor.
`Heidi Keefe & Mark R. Weinstein
`Cooley LLP
`1299 Pennsylvania Ave., NW, Suite 700
`Washington, DC 20004
`hkeefe@cooley.com
`mweinstein@cooley.com
`zpatdcdocketing@cooley.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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