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UNITED STATES PATENT AND TRADEMARK OFFICE
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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.
`MAXELL, LTD.,
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`Patent Owner
`___________
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`
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`Case No. IPR2020-00200
`U.S. Patent No. 10,084,991 B2
`____________
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`PETITIONER’S REQUEST FOR ORAL ARGUMENT
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`Pursuant to the Board’s July 21, 2020, Scheduling Order (Paper 12), Petitioner
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`respectfully requests oral argument for the trial currently scheduled on April 19,
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`2021. If the Board is allowing in-person hearings, Petitioner further requests that the
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`hearing take place in Alexandria, Virginia.
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`Pursuant to 37 C.F.R. § 42.70(a), Petitioner requests 45 minutes of total time and
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`specifies the following issues, without intent to waive consideration of any issue not
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`requested, to be argued for this proceeding:
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`1. Whether Claims 1 and 8 are unpatentable under § 103(a) over U.S. Patent
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`No. 7,565,680 to Asmussen (“Asmussen”) in view of U.S. Patent No. 7,584,255 to Bear
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`(“Bear”);
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`2. Whether Claims 1-5 and 8-12 are unpatentable under § 103(a) over U.S.
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`Patent No. 7,565,680 to Asmussen (“Asmussen”) in view of U.S. Patent No. 7,584,255
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`to Bear (“Bear”) in further view of U.S. Patent Pub. No. 2007/0139514 to Marley
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`(“Marley”);
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`3. Whether Claims 5 and 12 are unpatentable under § 103(a) over U.S. Patent
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`No. 7,565,680 to Asmussen (“Asmussen”) in view of U.S. Patent No. 7,584,255 to Bear
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`(“Bear”) in view of U.S. Patent Pub. No. 2007/0139514 to Marley (“Marley”) and in
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`further view of U.S. Patent No. 5,940,484 to DeFazio (“DeFazio”);
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`4. Whether Claims 1 and 8 are unpatentable under § 103(a) over U.S. Patent
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`No. 7,565,680 to Asmussen (“Asmussen”) in view of U.S. Patent No. 7,584,255 to Bear
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`1
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`(“Bear”) in further view of U.S. Patent Application Pub. No. 2004/0031064 to
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`Lindstrom et al. (“Lindstrom”);
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`5. Whether Claims 1-5 and 8-12 are unpatentable under § 103(a) over U.S.
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`Patent No. 7,565,680 to Asmussen (“Asmussen”) in view of U.S. Patent No. 7,584,255
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`to Bear (“Bear”) in view of U.S. Patent Application No. Pub. No. 2004/0031064 to
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`Lindstrom et al. (“Lindstrom”) and in further view of U.S. Patent Pub. No.
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`2007/0139514 to Marley (“Marley”);
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`6. Whether Claims 5 and 12 are unpatentable under § 103(a) over U.S. Patent
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`No. 7,565,680 to Asmussen (“Asmussen”) in view of U.S. Patent No. 7,584,255 to Bear
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`(“Bear”) in view of U.S. Patent Application No. Pub. No. 2004/0031064 to Lindstrom
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`et al. (“Lindstrom”) in view of U.S. Patent Pub. No. 2007/0139514 to Marley
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`(“Marley”) and in further view of U.S. Patent No. 5,940,484 to DeFazio (“DeFazio”);
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`7.
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`Any claim constructions raised in the Petition or Petitioner Reply, the
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`Patent Owner Preliminary Response, Patent Owner Response, any filed Patent Owner
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`Sur-Reply, or the Board’s Institution Decision;
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`8.
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`Any issues specified in the Patent Owner Response and any filed Patent
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`Owner Sur-Reply;
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`9.
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`Any issues specified in the Petitioner Reply;
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`10. Any filed Motions to Exclude; and
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`11. Any issues otherwise raised by the Board.
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`2
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`Respectfully submitted,
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`
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`ERISE IP, P.A.
`
`
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`BY: /s/Jennifer C. Bailey
`
`Jennifer C. Bailey Reg. No. 52,583
`Adam P. Seitz, Reg. No. 52,206
`7015 College Blvd., Suite 700
`Overland Park, KS 66211
`P: (913) 777-5600
`F: (913) 777-5601
`jennifer.bailey@eriseip.com
`adam.seitz@eriseip.com
`
`Paul R. Hart, Reg. No. 59,646
`5299 DTC Blvd.
`Suite 1340
`Greenwood Village, CO 80111
`P: (913) 777-5600
`F: (913) 777-5601
`paul.hart@eriseip.com
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`ATTORNEYS FOR PETITIONER
`APPLE INC.
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`CERTIFICATE OF SERVICE ON PATENT OWNER
`UNDER 37 C.F.R. § 42.6
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`Pursuant to 37 C.F.R. § 42.6(e), the undersigned certifies that on March 3,
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`2021, the foregoing Petitioner’s Request for Oral Argument was served via
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`electronic filing with the Board and via Electronic Mail on the following
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`practitioners of record for Patent Owner:
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`Robert G. Pluta (rpluta@mayerbrown.com)
`Maxell-Apple-Service@mayerbrown.com
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`/s/ Jennifer C. Bailey
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`Jennifer C. Bailey, Reg. No. 52,583
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`ATTORNEY FOR PETITIONER
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`4
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`

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