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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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`SAMSUNG ELECTRONICS CO. LTD., SAMSUNG ELECTRONICS
`AMERICA, INC., AND APPLE, INC.,
`Petitioner,
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`v.
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`NEONODE SMARTPHONE LLC,
`Patent Owner.
`____________
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`Case IPR2021-00144
`Patent 8,095,879
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`EXHIBIT 2022
`DECLARATION OF ULF MARTENSSON
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`Neonode Smartphone LLC, Exhibit 2022
`Page 2022 - 1
`IPR2021-00144, Samsung Elecs. Co. Ltd. et al. v. Neonode Smartphone LLC
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`1.
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`2.
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`I, Ulf Mårtensson, declare as follows:
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`I am over 18 years of age and, if I am called upon to do so, I would be
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`competent to do testify as to the matters set forth herein.
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`3.
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`I have been employed by Neonode as its Director of Manufacturing,
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`from September 2006 through December 2008, and as its Executive Vice
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`President, Operations, from September 2012 and ongoing. currently, among my
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`job functions is to serve as the company’s custodian of records.
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`4.
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`Attached hereto are true and correct copies of the following
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`documents:
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`EXHIBIT 2025: Excel Spreadsheet documenting Neonode shipments.
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`EXHIBIT 2028: Research & Development and License Agreement
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`between Neonode and Samsung Electronics Co., Ltd., effective July
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`13, 2005.
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`5.
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`I am familiar with Exhibits 2025 and 2028. Exhibits 2025 and 2028
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`are records that were produced by Neonode officers and employees who at the time
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`had personal knowledge of the matters stated in them. They were intended to be
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`relied upon by Neonode and third parties, and thus were intended by Neonode to
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`be accurate and reliable. They were kept by Neonode in the course of regularly
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`conducted business activity in soliciting investment in the company, and in
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`1
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`Neonode Smartphone LLC, Exhibit 2022
`Page 2022 - 2
`IPR2021-00144, Samsung Elecs. Co. Ltd. et al. v. Neonode Smartphone LLC
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`marketing, promotion, and sales of Neonode’s products. Exhibits A and B were
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`made in the regular course of those activities.
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`6.
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`I have reviewed Exhibit 2025. Neonode began commercial sales of
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`the N1 mobile handset in early 2004, it released the N2 in 2007, and sales of the
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`N1 and N2 ended after Neonode’s mobile handset manufacturing entity filed for
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`bankruptcy in 2008. The Excel spreadsheet documents sales of 9,640 units of the
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`Neonode N2 phone. In addition, Neonode sold approximately 8,000 units of N2
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`phone to a network operator in India. Furthermore, Neonode sold approximately
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`5,000 units of the N1 phone. So in all, Neonode’s records presently available
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`document approximately sales of approximately more than 20,000 N1 and N2
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`phones.
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`7.
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`I declare under penalty of perjury under the laws of the United States
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`of America that the foregoing is true and correct, that all statements made herein of
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`my knowledge are true, and that all statements made on information and belief are
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`believed to be true, to the best of my recollection, and that these statements were
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`made with the knowledge that willful false statements and the like so made are
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`punishable by fine or imprisonment, or both, under Section 1001 of Title 18 of the
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`United States Code.
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`Dated: __________
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`________________________________
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`Ulf Martensson
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`2
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`2023-03-24
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`Neonode Smartphone LLC, Exhibit 2022
`Page 2022 - 3
`IPR2021-00144, Samsung Elecs. Co. Ltd. et al. v. Neonode Smartphone LLC
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