UNITED STATES PATENT AND TRADEMARK OFFICE
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`APPLE, INC.
`
`Petitioner,
`
`V.
`
`EVOLUTIONARY INTELLIGENCE, LLC
`
`Patent Owner,
`
`Case IPR2014-00086
`
`Patent 7,010,536
`
`TWITTER, INC. AND YELP INC.
`Joining Petitioners,
`
`V.
`
`EVOLUTIONARY INTELLIGENCE, LLC
`
`Patent Owner,
`
`Case IPR2014n00812 (Consolidated)
`Patent 7,010,536
`
`
`MOTION FOR WITHDRAWAL
`
`AND
`
`SUBSTITUTION OF BACK-UP COUNSEL UNDER 37 U.S.C. § 42.10(e)
`
`
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`APPLE, INC.
`
`Petitioner,
`
`V.
`
`EVOLUTIONARY INTELLIGENCE, LLC
`
`Patent Owner,
`
`Case IPR2014-00086
`
`Patent 7,010,536
`
`TWITTER, INC. AND YELP INC.
`Joining Petitioners,
`
`V.
`
`EVOLUTIONARY INTELLIGENCE, LLC
`
`Patent Owner,
`
`Case IPR2014n00812 (Consolidated)
`Patent 7,010,536
`
`
`MOTION FOR WITHDRAWAL
`
`AND
`
`SUBSTITUTION OF BACK-UP COUNSEL UNDER 37 U.S.C. § 42.10(e)
`
`
`
`Pursuant to the 37 C.F.R 42.10(e) Petitioners respectfully request that the
`
`Board grant their Motion for Withdrawal of Back-Up Counsel of Mr. Robert D.
`
`Tadlock.
`
`1.
`
`Statement of Facts
`
`Good cause exists for the Board to recognize Mr. Tadiock’s withdrawal of
`
`counsel as he is no longer with the firm of Kilpatrick Townsend & Stockton LLP.
`
`Petitioners respectfully request that his colleague Mr. Robert J. Artuz substitute in
`
`as back-up counsel for Mr. Tadlock. Mr. Artuz is an experienced litigation
`
`attorney, and has been involved in numerous litigations involving patent
`
`infringement in District Courts across the country. He has experience in jury trials,
`
`Markman hearings, and Federal Circuit oral arguments in patent infringement
`
`litigation matters. See Declaration of Robert J. Artuz in Support of Motion to
`
`Withdrawal and Substitution of Back—Up Counsel, Ex. A [Artuz firm biography].
`
`Further, Mr. Artuz is counsel for Petitioners in concurrent litigation and is familiar
`
`with United States Patent No. 7,010,536 that is the subject of this petition as well
`
`as the prior art replied upon in the petition. Id. at 11 6.
`
`Mr. Artuz is a member in good standing of the State Bar of California. He
`
`has never been suspended or disbarred from practice before any court of
`
`administrative body. Id. at Ti 1. He has never had an application for admission to
`
`practice before any court or administrative body denied. Id. at 1i 2. No sanctions
`
`
`
`or contempt citations have been imposed against him by any court or
`
`administrative body. Id. at 11 3. Mr. Artuz has read and will comply with the
`
`Office Patent Trial Practice Guide and the Board’s Rules of Practice for Trial set
`
`forth in part 42 of 37 C.F.R. Id. at 11 4. Mr. Artuz will be subject to the USPTO
`
`Rules of Professional Conduct set forth in 37 CPR. §§ 11.101 et seq. and
`
`disciplinaryjurisdiction under 37 CPR. § 11.l9(a). Id. at 11 5.
`
`ReSpectfully submitted,
`
`By:
`
`gag)"
`
`Vaibhav P. Kadaba
`
`Registration No. 45,865
`Lead Counsel for Petitioners
`
`
`
`AFFIDAVIT OF ROBERT J. ARTUZ IN SUPPORT OF MOTION FOR
`
`WITHDRAWAL AND SUBSTITUTION OF BACK-UP COUNSEL
`
`1, Robert J. Artuz, being duly sworn and upon oath. hereby attest to the
`
`following:
`
`1.
`
`I am a member in good standing of the State Bar of California. I have
`
`never been suspended or disbarred from practice before any court or administrative
`
`body.
`
`2.
`
`I have never had an application to practice before any court or
`
`administrative body denied.
`
`3.
`
`No sanctions or contempt citations have been imposed against me by
`
`any court or administrative body.
`
`4.
`
`I have read and will comply with the Office Patent Trial Practice
`
`Guide and the Board’s Rules of Practice for Trials set forth in part 42 of the CPR.
`
`5.
`
`I will be subject to the USPTO Code of Professional Responsibility
`
`set forth in 37 C.F.R. §§ 1020 et seq. and disciplinaryjurisdiction under 37 C.F.R.
`
`§ 11.19.(a).
`
`6.
`
`I am familiar with the subject matter of this proceeding.
`
`I am counsel
`
`for Petitioners in concurrent litigation, am familiar with United States Patent No.
`
`7,010,536 and have analyzed the prior art reference that is the subject of the
`
`Petition.
`
`
`
`Dated: October 1, 2014
`
`
`
`Kilpatrick Townsend & Stockton LLP
`1080 Marsh Road
`
`Menlo Park, CA 94025
`Telephone: (650) 326-2400
`Facsimile: (650) 326—2422
`
`
`
`CERTIFICATE OF SERVICE
`
`The undersigned hereby certifies that a copy of this Motion for Withdrawal
`
`and Substitution of Back—Up Counsel and a copy of the Affidavit of Mr. Robert J.
`
`Artuz in Support of Motion for Withdrawal and Substitution of Back—Up Counsel,
`
`has been served via FedEx on October 6, 2014 , upon the following:
`
`GUTRIDE SAFIER LLP
`
`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
`
`‘
`
`Dated: October 6, 2014
`
`'
`
`By:
`
`1? HZ,
`
`Vaibhav P. Kadaba
`
`Registration No. 45,865
`Counsel for Petitioners
`
`
`
`CALIFORNIA JURAT WITH AFFIANT STATEMENT
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`GOVERNMENT CODE § 8202
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`l
`[
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`i See Attached Document (Notary to cross out tines 1—6 beiow)
`i See Statement Below (Lines 1—6 to be compieted only by document signeris], not Notary)
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`:_ {24 if"
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`Signature ,0
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`
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`Signature of Document Signer No. 2 (if any)
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`State of California
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`Subscribed and sworn to (or affirmed) before me
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`County of SCJh Mgfib
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`KRYSTLE R. IIESTBESSAT
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`Omission I 205193
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`My PM: - Calilomia
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`San mm Com
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`Piece Notary Sea.f Above
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`on this
`day of ._D,(. +0522; 204%.
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`by
`Date
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`(1} Qoberi «3- Artur”;
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`
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`(2}
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`Name(s) of Signeris)
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`proved to me on the basis of satisfactory evidence
`to be the person(s) who appeared before me.
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`Signature/)5—j//% 4::-
`Signatureof N ary Pubiic
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`OPTIONAL
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`
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`Though this section is optionai, compieting this information can deter aiteration of the document
`or frauduient reattachment of this form to an unintended document.
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`Description of Attached Document
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`Title or Type of Document: (ii—WGQLTM Qb_i;3__9r+J 9'1 U2
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`Document Date: WM 2 2013i;
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`Number of Pages:
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`2—
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`Signer(s) Other Than Named Above:
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`
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` © 2013 National Notary Association- www.NationalNotaryorg - 1600-US NOTAFiY{1--8CiO-8?6-682 i Item #5910
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`
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