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UNITED STATES PATENT AND TRADEMARK OFFICE
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`FACEBOOK INC.
`Petitioner,
`
`v.
`
`EVOLUTIONARY INTELLIGENCE, LLC,
`Patent Owner
`
`Patent No. 7,010,536
`Issued: January 28, 1999
`Filed: March 7, 2006
`Inventor: Michael De Angelo
`Title: SYSTEM AND METHOD FOR CREATING AND MANIPULATING
`INFORMATION CONTAINERS WITH DYNAMIC REGISTERS
`
`Inter Partes Review No. IPR2014-00092
`
`PATENT OWNER’S MANDATORY NOTICES
`
`UNDER 37 C.F.R. § 42.8
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`

`

`The Patent Owner, Evolutionary Intelligence LLC, hereby provides the
`
`following mandatory notices:
`
`
`
`1. Real Party in Interest (§ 42.8(b)(1))
`
`The real party of interest is Evolutionary Intelligence LLC located at
`
`719 Beacon Street, Newton, MA 02459.
`
`
`
`2. Other Proceedings (§ 42.8(b)(2))
`
`The ’536 patent was the subject of the following civil actions in the
`
`Eastern District of Texas:
`
`• 6:12-cv-00783-MHS-CMC Evolutionary Intelligence, LLC v. Apple Inc.
`
`• 6:12-cv-00784-MHS-CMC Evolutionary Intelligence, LLC v. Facebook,
`
`Inc.
`
`• 6:12-cv-00785-MHS-CMC Evolutionary Intelligence, LLC v.
`
`Foursquare Labs, Inc.
`
`• 6:12-cv-00787-MHS-CMC Evolutionary Intelligence, LLC v. Groupon,
`
`Inc.
`
`• 6:12-cv-00789-MHS-CMC Evolutionary Intelligence, LLC v.
`
`LivingSocial, Inc.
`
`• 6:12-cv-00790-MHS-CMC (N.D. Cal.) Evolutionary Intelligence, LLC v.
`
`
`
`

`

`Millennial Media, Inc.
`
`• 6:12-cv-00791-MHS-CMC Evolutionary Intelligence, LLC v. Sprint
`
`Nextel Corporation et al.
`
`• 6:12-cv-00792-MHS-CMC Evolutionary Intelligence, LLC v. Twitter,
`
`Inc.
`
`• 6:12-cv-00794-MHS-CMC Evolutionary Intelligence, LLC v. Yelp, Inc.
`
`These actions have been transferred to the Northern District of California.
`
`They are currently identified as the following matters:
`
`• Evolutionary Intelligence LLC v. Apple, Inc., Civil Action No. 3:13-cv-
`
`4201-WHA
`
`• Evolutionary Intelligence LLC v. Facebook, Inc., Case No. 3:13-cv-4202-
`
`JSC;
`
`• Evolutionary Intelligence LLC v. FourSquare Labs, Inc., Case No. 3:13-
`
`cv-4203-EDL;
`
`• Evolutionary Intelligence LLC v. Groupon, Inc., Case No. 3:13-cv-4204-
`
`LB;
`
`• Evolutionary Intelligence LLC v. LivingSocial, Inc., Case No. 3:13-cv-
`
`4205-EDL;
`
`• Evolutionary Intelligence LLC v. Millennial Media, Inc., Case No. 5:13-
`
`cv-4206-HRL;
`
`
`
`

`

`• Evolutionary Intelligence LLC v. Twitter, Inc., Case No. 4:13-cv-4207-
`
`KAW;
`
`• Evolutionary Intelligence LLC v. Sprint Nextel Corp. et al., Case No.
`
`3:13-cv-4513-JCS; and
`
`• Evolutionary Intelligence LLC v. Yelp Inc., Case No. 3:13-3587-DMR.
`
`U.S. Patent No. 7,010,536 is the subject of the following concurrently filed
`
`petitions for inter partes review:
`
`• IPR2014-00082 Apple Inc. v. Evolutionary Intelligence LLC.
`
`• IPR2014-00083 Apple Inc. v. Evolutionary Intelligence LLC.
`
`• IPR2014-00085 Apple Inc. v. Evolutionary Intelligence LLC.
`
`• IPR2014-00086 Apple Inc. v. Evolutionary Intelligence LLC.
`
`• IPR2014-00092 Twitter Inc. and Yelp Inc. v. Evolutionary Intelligence
`
`LLC.
`
`• IPR2014-00093 Facebook Inc. v. Evolutionary Intelligence LLC.
`
`
`
`
`
`
`
`

`

`
`
`U.S. Patent No. 7,702,682, a continuation of the above ’536 patent, is the
`
`subject of the following concurrently filed petitions for inter partes review:
`
`• IPR2014-00079 Apple Inc. v. Evolutionary Intelligence LLC.
`
`• IPR2014-00080 Apple Inc. v. Evolutionary Intelligence LLC.
`
`
`
`3. Designation of Lead and Backup Counsel
`
`Lead Counsel
`
`Anthony J. Patek
`Reg. No. 66,463
`Gutride Safier LLP
`835 Douglass Street
`San Francisco, CA 94114
`anthony@gutridesafier.com
`Ph: (415) 639-9090
`Fax: (415) 449-6469
`
`
`Backup Counsel
`
`Seth Safier
`(Subject to motion to appear pro hac vice)
`Gutride Safier LLP
`835 Douglass Street
`San Francisco, CA 94114
`seth@gutridesafier.com
`Ph: (415) 336-6545
`Fax: (415) 449-6469
`
`
`
`Patent Owner expects to seek permission to move for admission of Seth
`
`Safier as backup counsel pro hac vice.
`
`
`
`4. Service Information (§ 42.8(b)(4))
`
`Preferably, service on Patent Owner may be made by electronic mail to
`
`Gutride Safier LLP at the email addresses above and pto@gutridesafier.com.
`
`Alternatively, service may be made by mail or hand delivery to: Gutride Safier
`
`
`
`

`

`LLP, 835 Douglas Street, San Francisco, CA 94114. The fax numbers for lead and
`
`Respectfully Submitted,
`
` /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
`
`backup lead counsel are shown above.
`
`
`
`Dated: November 12, 2013
`
`
`
`
`
`
`

`

`
`
`CERTIFICATE OF SERVICE
`I hereby certify, pursuant to 37 CFR § 42.6, that on November 13, 2013, the
`same day as the filing of the above document, a true and correct copy of the
`foregoing Mandatory Notices is being served via electronic mail on the following:
`
`
`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
`
`
`
` /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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