`___________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`___________
`
`SHARP CORPORATION, SHARP ELECTRONICS CORPORATION, and
`SHARP ELECTRONICS MANUFACTURING
`COMPANY OF AMERICA, INC.,
`Petitioner,
`
`v.
`
`SURPASS TECH INNOVATION LLC,
`Patent Owner.
`___________
`
`Case IPR2015-00021
`Patent No. 7,202,843 B2
`___________
`
`
`
`PETITIONER’S REQUEST FOR ORAL ARGUMENT
`
`
`
`
`615067.1
`
`
`
`
`
`Sharp Corporation, Sharp Electronics Corporation, and Sharp Electronics
`
`Manufacturing Company of America, Inc. (collectively, “Sharp” or “Petitioner”)
`
`hereby respectfully request oral argument pursuant to 37 C.F.R. § 42.70(a) and the
`
`Scheduling Order attached to the Board’s April 9, 2015 Order (Paper No. 16), as
`
`modified by the parties’ Joint Stipulation to Modify the Scheduling Order (Paper
`
`No. 23) (collectively, “the Schedule”). Based on the Schedule, the oral hearing is
`
`currently set for December 1, 2015.
`
`Pursuant to 37 C.F.R. § 42.70(a) and without waiving any issue not
`
`specifically identified herein, Petitioner specifies the following issues to be argued
`
`at oral argument in connection with this IPR:
`
`1. Whether Claims 4, 8, and 9 of the ‘843 Patent (Ex. 1001) are
`
`unpatentable under 35 U.S.C. § 102 as anticipated by Ham (Ex. 1005).
`
`2. Whether Patent Owner’s expert declaration testimony (Ex. 2005) is
`
`entitled to little or no weight under 37 C.F.R. § 42.65 and Federal
`
`Rules of Evidence 702.
`
`3.
`
`The issues raised in the Petition for Inter Partes Review (Paper No. 1)
`
`relating to the ground on which the Board instituted inter partes
`
`review, and all supporting exhibits cited by Petitioner.
`
`615067.1
`
`1
`
`
`
`
`
`4.
`
`The issues raised in Patent Owner’s Response (Paper No. 20), the
`
`Declaration of William K. Bohannon (Ex. 2005), Petitioner’s Reply
`
`(Paper No. 24), the Rebuttal Declaration of Michael J. Marentic (Ex.
`
`1010), and all supporting exhibits cited by Patent Owner and
`
`Petitioner.
`
`5.
`
`6.
`
`Any issues raised by Patent Owner in its Request for Oral Argument.
`
`Any issues raised by a motion to exclude evidence filed by any party
`
`pursuant to 37 C.F.R. § 42.64(c).
`
`7.
`
`Any issues raised by a motion for observation on cross-examination
`
`filed by any party pursuant to the Scheduling Order (Paper No. 16).
`
`8.
`
`Any issues raised by Patent Owner in any filings contemporaneous
`
`with or subsequent to this Request.
`
`9.
`
`Any issues for which the Board seeks clarification.
`
`Petitioner requests that audio/visual equipment be made available at a
`
`hearing room to display demonstrative exhibits during the oral argument, including
`
`a projector, ELMO, and screen.
`
`
`
`615067.1
`
`
`
`
`
`2
`
`
`
`
`
`Respectfully submitted,
`
`AMSTER, ROTHSTEIN & EBENSTEIN
`LLP
`Attorneys for Petitioner
`90 Park Avenue
`New York, NY 10016
`(212) 336-8000
`
`Dated: October 15, 2015
` New York, New York
`
`
`
`By: /Anthony F. Lo Cicero/
`Anthony F. Lo Cicero
` Registration No.: 29,403
`
`615067.1
`
`3
`
`
`
`
`
`CERTIFICATE OF SERVICE
`
`Pursuant to 37 C.F.R. § 42.6(e), the undersigned hereby certifies that on this
`
`15th day of October, 2015, a copy of the foregoing PETITIONER’S REQUEST
`
`FOR ORAL ARGUMENT was served via e-mail on the counsel of record for the
`
`Patent Owner at the following e-mail addresses:
`
`Wayne M. Helge (whelge@dbjg.com)
`Donald L. Jackson (djackson@dbjg.com)
`Michael R. Casey (mcasey@dbjg.com)
`
`
`
`
`By: /Anthony F. Lo Cicero/
`Dated: October 15, 2015
` New York, New York Anthony F. Lo Cicero
` Registration No.: 29,403
`
`
`
`
`
`
`
`
`
`
`615067.1
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`4
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