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`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`SAMSUNG ELECTRONICS CO. LTD., SAMSUNG ELECTRONICS
`AMERICA, INC., AND APPLE, INC.,
`Petitioner,
`
`
`v.
`
`NEONODE SMARTPHONE LLC,
`Patent Owner.
`____________
`
`Case IPR2021-00144
`Patent 8,095,879
`
`
`EXHIBIT 2023
`DECLARATION OF JOSEPH SHAIN
`
`
`Neonode Smartphone LLC, Exhibit 2023
`Page 2023 - 1
`IPR2021-00144, Samsung Elecs. Co. Ltd. et al. v. Neonode Smartphone LLC
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`
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`1.
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`2.
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`I, Joseph Shain, 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 Vice President of Intellectual
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`Property from January 1, 2011 through May 31, 2017, and by Neonode
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`Technologies AB as its Vice President of Intellectual Property from June 1, 2017
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`through October 31, 2020, and as its Intellectual Property manager from November
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`1, 2020 to date. Currently, among my job functions is to serve as intellectual
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`property manager and to preform functions related to market intelligence.
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`4.
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`I am personally familiar with the operation of the user interface of the
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`Neonode N1 and N2 phones, having used the phones many times.
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`5.
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`The Neonode N1 and N2 phones were mobile handheld devices that
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`included a memory, a processor and a touch-sensitive display. The memory stored
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`code that, when executed by the processor of the phone, presented a user interface
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`on the touch-sensitive display.
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`6.
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`Both the Neonode N1 and N2 presented three icons in a strip along
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`the lower edge of the display immediately following unlocking of the phone. One
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`of the icons represented the Start Menu, one represented the Keyboard Menu, and
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`the third represented the Tools Menu. Each of the icons consisted of only one
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`option for activating the associated function. Each of the icons were activatable by
`
`1
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`
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`Neonode Smartphone LLC, Exhibit 2023
`Page 2023 - 2
`IPR2021-00144, Samsung Elecs. Co. Ltd. et al. v. Neonode Smartphone LLC
`
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`a gesture in which a thumb or finger touches the icon, and swipes up toward the
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`center of the screen before lifting off of the screen. None of the icons were
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`relocated or duplicated during the swiping gesture.
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`7.
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`I have reviewed the video contained in Exhibit 2008. Based on my
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`knowledge of the operation of Neonode, this video was produced during the
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`ordinary course of Neonode’s business as a marketing video at or around the time
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`of the release of Neonode N2 phone.
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`8.
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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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`
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`Dated: __________
`
`
`
`
`
`
`________________________________
`
`Joseph Shain
`
`2
`
`
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`March 24, 2022
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`Neonode Smartphone LLC, Exhibit 2023
`Page 2023 - 3
`IPR2021-00144, Samsung Elecs. Co. Ltd. et al. v. Neonode Smartphone LLC
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