`
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`Case IPR2018-01257
`Patent No. 8,552,978
`
`Filed: July 26, 2019
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`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`____________________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`____________________
`
`GOOGLE LLC, ZTE (USA), INC., SAMSUNG ELECTRONICS CO., LTD.,
`LG ELECTRONICS INC., HUAWEI DEVICE USA, INC.,
`HUAWEI DEVICE CO. LTD., HUAWEI TECHNOLOGIES CO. LTD.,
`HUAWEI DEVICE (DONGGUAN) CO. LTD.,
`HUAWEI INVESTMENT & HOLDING CO. LTD.,
`HUAWEI TECH. INVESTMENT CO. LTD., and
`HUAWEI DEVICE (HONG KONG) CO. LTD.,
`Petitioner
`
`v.
`
`CYWEE GROUP LTD.
`Patent Owner
`
`____________________
`
`Case IPR2018-01257
`
`Patent No. 8,552,978
`____________________
`
`
`
`PATENT OWNER’S REQUEST FOR ORAL ARGUMENT PURSUANT TO
`37 C.F.R. § 42.70(a)
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`1
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`
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`Case IPR2018-01257
`Patent No. 8,552,978
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`
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`Patent Owner, CyWee Group Ltd., by and through its attorneys, respectfully
`
`requests oral argument, currently scheduled for September 13, 2019. Patent Owner
`
`requests that oral argument for this IPR be combined with that for IPR2018-01258
`
`regarding U.S. Patent 8,441,438 for which a separate request for oral argument is
`
`being concurrently submitted. For a combined hearing, Patent owner requests a
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`total of 100 minutes to present its arguments, as well as to reserve a portion of its
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`total time for presenting rebuttal arguments after Petitioner’s presentation.
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`Alternatively, Patent Owner requests a total of 60 minutes to present its arguments
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`for a hearing for the current IPR alone.
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`
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`Pursuant to 37 C.F.R § 42.70, and without intending to waive any issue not
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`specifically identified, Patent Owner specifies the following issues to be argued
`
`regarding the present IPR:
`
`1. That claims 10 and 12 of U.S. Patent 8,552,978 are not obvious under 35
`
`U.S.C. § 103 over Zhang, Exhibit 1005, in view of Bachmann, Exhibit 1004;
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`2. That claims 10 and 12 of U.S. Patent 8,552,978 are not obvious under 35
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`U.S.C. § 103 over Liberty, Exhibit 1005, in view of Bachmann, Exhibit
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`1004;
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`3. Alternatively, that Petitioner’s asserted grounds are overcome by Patent
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`Owner’s contingent amendments to claims 10 and 12 as set forth in Patent
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`2
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`
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`Case IPR2018-01257
`Patent No. 8,552,978
`Owner’s Motion to Amend, that Patent Owner’s proposed contingent
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`amendments are fully supported by the original application, that Patent
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`Owner’s proposed amended claims are entitled to the same priority date as
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`the ‘438 Patent, and that Patent Owner’s proposed contingent amended
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`claims are not obvious under 35 U.S.C. § 103 over Withanawasam, Exhibit
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`1017, in view of Bachmann, Exhibit 1004;
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`4. Whether Bachmann, Exhibit 1004, can properly be considered prior art;
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`5. Whether Withanawasam, Exhibit 1017, can properly be considered prior art;
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`6. Proper claim construction for claim limitations raised in Patent Owner
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`Response and Patent Owner’s Motion to Amend;
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`7. Petitioner’s failure to disclose all Real Parties in Interest and/or Privies as
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`required by 35 U.S.C. §§ 315 and the requirement that the IPR be dismissed
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`because one or more of the undisclosed parties were time-barred at the time
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`that Petitioner filed its petition;
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`8. Any issue identified in Petitioner’s Request for Oral Argument;
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`9. Any other issues raised in papers yet to be filed, such as Motions to Exclude;
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`and
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`10. Any other issues the Board deems necessary to consider for issuing a Final
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`Written Decision.
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`3
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`
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`Case IPR2018-01257
`Patent No. 8,552,978
`Patent Owner requests that the Board provide audio-visual equipment to
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`
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`display demonstrative exhibits, including a projector to be connected to a laptop
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`and a screen for displaying documents.
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`Date: July 26, 2019
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`Respectfully submitted,
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`
`
`/Jay P. Kesan/ (Reg. No. 37488)
`Jay P. Kesan
`Cecil E. Key
`DIMURO GINSBURG P.C.
`1101 King Street, Suite 610
`Alexandria, Virginia 22314
`(703) 684-4333
`JKesan@dimuro.com
`
`Counsel for Patent Owner
`Cywee Group Ltd.
`
`
`
`4
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`
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`Certificate of Service
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`Case IPR2018-01257
`Patent No. 8,552,978
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`Pursuant to 37 C.F.R. § 42.6(e), the undersigned certifies that on the date
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`indicated below, a complete and entire copy of this submission, including the
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`exhibits hereto, was provided by email to Petitioners’ counsel via email, as agreed
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`to by Petitioners’ Service Information in the Petition submissions, by serving the
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`email addresses of record as follows:
`
`Counsel for Google:
`
`Matthew A. Smith
`smith@smithbaluch.com
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`
`
`Andrew S. Baluch
`baluch@smithbaluch.com
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`
`
`
`
`Yeuzhong Feng
`yfeng@brinksgilson.com
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`ZTE_CyweeIPRs@brinksgilson.com
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`
`Christopher M. Colice
`colice@smithbaluch.com
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`Counsel for ZTE:
`
`James R. Sobieraj
`jsobierah@brinksgilson.com
`
`Andrea Shoffstall
`ashoffstall@brinksgilson.com
`
`Counsel for Samsung:
`
`Naveen Modi
`Chetan Bansal
`PH-Samsung-Cywee-IPR@paulhastings.com
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`
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`5
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`
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`Case IPR2018-01257
`Patent No. 8,552,978
`
`
`
`Andrew Devkar
`andrew.devkar@morganlewis.com
`
`Adam Brooke
`adam.brooke@morganlewis.com
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`
`
`
`
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`
`
`/Jay P. Kesan/
`Jay P. Kesan
`Reg. No. 37,488
`
`Counsel for Patent Owner
`Cywee Group Ltd.
`
`Counsel for LG:
`
`Collin Park
`collin.park@morganlewis.com
`
`Jeremy Peterson
`jeremy.peterson@morganlewis.com
`
`MLB_CyweevsLGE@morganlewis.com
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`Counsel for Huawei:
`
`Kristopher L. Reed
`Benjamin M. Kleinman
`Norris P. Boothe
`HuaweiCywee@kilpatricktownsend.com
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`6
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`Dated: July 26, 2019
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