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`BEFORE THE PATENT TRIAL AND APPEAL BOARD
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`APPLE, INC.
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`Petitioner,
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`V.
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`EVOLUTIONARY INTELLIGENCE, LLC
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`Patent Owner,
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`Case IPR2014-00086
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`Patent 7,010,536
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`TWITTER, INC. AND YELP INC.
`Joining Petitioners,
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`V.
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`EVOLUTIONARY INTELLIGENCE, LLC
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`Patent Owner,
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`Case IPR2014n00812 (Consolidated)
`Patent 7,010,536
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`MOTION FOR WITHDRAWAL
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`AND
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`SUBSTITUTION OF BACK-UP COUNSEL UNDER 37 U.S.C. § 42.10(e)
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`
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`Pursuant to the 37 C.F.R 42.10(e) Petitioners respectfully request that the
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`Board grant their Motion for Withdrawal of Back-Up Counsel of Mr. Robert D.
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`Tadlock.
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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. Tadiock’s withdrawal of
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`counsel as he is no longer with the firm of Kilpatrick Townsend & Stockton LLP.
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`Petitioners respectfully request that his colleague Mr. Robert J. Artuz substitute in
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`as back-up counsel for Mr. Tadlock. Mr. Artuz is an experienced litigation
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`attorney, and has been involved in numerous litigations involving patent
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`infringement in District Courts across the country. He has experience in jury trials,
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`Markman hearings, and Federal Circuit oral arguments in patent infringement
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`litigation matters. See Declaration of Robert J. Artuz in Support of Motion to
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`Withdrawal and Substitution of Back—Up Counsel, Ex. A [Artuz firm biography].
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`Further, Mr. Artuz is counsel for Petitioners in concurrent litigation and is familiar
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`with United States Patent No. 7,010,536 that is the subject of this petition as well
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`as the prior art replied upon in the petition. Id. at 11 6.
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`Mr. Artuz 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 of
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`administrative body. Id. at Ti 1. He has never had an application for admission to
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`practice before any court or administrative body denied. Id. at 1i 2. No sanctions
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`
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`or contempt citations have been imposed against him by any court or
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`administrative body. Id. at 11 3. Mr. Artuz has read and will comply with the
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`Office Patent Trial Practice Guide and the Board’s Rules of Practice for Trial set
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`forth in part 42 of 37 C.F.R. Id. at 11 4. Mr. Artuz will be subject to the USPTO
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`Rules of Professional Conduct set forth in 37 CPR. §§ 11.101 et seq. and
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`disciplinaryjurisdiction under 37 CPR. § 11.l9(a). Id. at 11 5.
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`ReSpectfully submitted,
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`By:
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`gag)"
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`Vaibhav P. Kadaba
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`Registration No. 45,865
`Lead Counsel for Petitioners
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`
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`AFFIDAVIT OF ROBERT J. ARTUZ IN SUPPORT OF MOTION FOR
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`WITHDRAWAL AND SUBSTITUTION OF BACK-UP COUNSEL
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`1, Robert J. Artuz, 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 been imposed against me by
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`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 C.F.R. §§ 1020 et seq. and disciplinaryjurisdiction under 37 C.F.R.
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`§ 11.19.(a).
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`6.
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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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`7,010,536 and have analyzed the prior art reference that is the subject of the
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`Petition.
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`
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`Dated: October 1, 2014
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`
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`Kilpatrick Townsend & Stockton LLP
`1080 Marsh Road
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`Menlo Park, CA 94025
`Telephone: (650) 326-2400
`Facsimile: (650) 326—2422
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`
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`CERTIFICATE OF SERVICE
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`The undersigned hereby certifies that a copy of this Motion for Withdrawal
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`and Substitution of Back—Up Counsel and a copy of the Affidavit of Mr. Robert J.
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`Artuz in Support of Motion for Withdrawal and Substitution of Back—Up Counsel,
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`has been served via FedEx on October 6, 2014 , upon the following:
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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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`‘
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`Dated: October 6, 2014
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`'
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`By:
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`1? HZ,
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`Vaibhav P. Kadaba
`
`Registration No. 45,865
`Counsel for Petitioners
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`
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`CALIFORNIA JURAT WITH AFFIANT STATEMENT
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`GOVERNMENT CODE § 8202
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`i See Attached Document (Notary to cross out tines 1—6 beiow)
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`State of California
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