throbber
UNITED STATES PATENT AND TRADEMARK OFFICE
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`APPLE, INC.
`Petitioner,
`
`and TWITTER INC. and YELP INC.
`Petitioners (by Joinder)
`
`v.
`
`EVOLUTIONARY INTELLIGENCE, LLC,
`Patent Owner
`
`Case IPR 2014-0086
`Patent No. 7,010,536
`
`
`
`
`NOTICE OF STIPULATION EXTENDING DUE
`DATES 1-4
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`

`

`
`
`The parties to Case 2014-00086, Apple Inc. and Evolutionary Intelligence
`
`LLC, and Case 2014-00812 (which was joined with Case 2014-00086 by the Board
`
`on June 25, 2014), Twitter Inc., Yelp Inc., and Evolutionary Intelligence LLC, by
`
`and through their counsel of record, have stipulated as follows:
`
`1. On April 25, 2014, the Patent Trial and Appeal Board issued a
`
`Scheduling Order in the Inter Partes Review of U.S. Patent 7,010,536
`
`(Case IPR 2014-00086) setting forth due dates for this trial.
`
`2. The Scheduling Order states that the parties may stipulate to different
`
`dates for DUE DATES 1 through 5 (earlier or later, but no later than
`
`DUE DATE 6).
`
`3. On July 7, 2014, counsel for petitioner Apple and patent owner
`
`Evolutionary Intelligence appeared before the Board to discuss a
`
`possible motion for extension of DUE DATES 1-4. (Counsel for
`
`joining parties Twitter and Yelp were not notified of the call by the
`
`Board and did not participate.) In that conference call, Apple and
`
`Evolutionary agreed to a stipulation of these deadlines by one week.
`
`4. In subsequent communications on July 7, 2014, counsel for Twitter
`
`and Yelp also agreed to the stipulation described above.
`
`5. Accordingly, DUE DATES 1 through 4 are each moved and extended
`
`by one week. The new deadlines are as follows:
`
`

`

`
`
`
`
`a. DUE DATE 1 (response to petition and motion to amend the
`
`patent) – JULY 18, 2014.
`
`b. DUE DATE 2 (Petitioner’s reply to Patent Owner’s response
`
`and opposition to any motion to amend the patent) –
`
`OCTOBER 17, 2014
`
`c. DUE DATE 3 (Patent Owner’s reply to Petitioner’s opposition
`
`to any motion to amend the patent) – NOVEMBER 14, 2014
`
`d. DUE DATE 4 (any motion to file an observation on the
`
`testimony of a reply witness) – DECEMBER 5, 2014
`
`Dated: July 7, 2014
`
`
`
`
`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
`
` /s/Jeffrey Kushan/
`Jeffrey Kushan
`Attorney for Apple, Inc.
`
`
`2
`
`

`

`
`
`
`
`
`
`
`Jeffrey P. Kushan & Douglas I. Lewis
`Sidley Austin LLP
`1501 K Street, N.W.,
`Washington, D.C. 20005
`jkushan@sidley.com
`dilewis@sidley.com
`
` /s/Vaibhov P. Kadaba/
`Vaibhav P. Kadaba
`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
`
`
`
`
`3
`
`

`

`
`
`
`
`
`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
`STIPULATION EXTENDING DEADLINES is 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 & 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
`
`
` /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
`
`4
`
`
`
`

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