`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`____________
`
`SAMSUNG ELECTRONICS CO. LTD., SAMSUNG ELECTRONICS
`
`AMERICA, INC. AND APPLE, INC.,
`
`Petitioners
`
`v.
`
`NEONODE SMARTPHONE LLC,
`
`Patent Owner
`
`____________
`
`Case IPR2021-00145
`
`U.S. Patent No. 8,812,993
`
`
`
`
`
`
`PATENT OWNER NEONODE SMARTPHONE LLC’S REQUEST FOR
`ORAL ARGUMENT
`37 C.F.R. § 42.70
`
`
`
`
`IPR2021-00145
`Patent Owner’s Request for Oral Argument
`
`
`Pursuant to the Board’s August 13, 2021 Revised Scheduling Order (Paper
`
`No. 28), Patent Owner Neonode Smartphone LLC (“Patent Owner”) requests oral
`
`argument, currently scheduled for March 17, 2022. Patent Owner requests one
`
`hour in which to present its arguments. Under 37 C.F.R. § 42.70, and without
`
`intending to waive any issue not specifically identified, Patent Owner specifies the
`
`following issues to be argued:
`
`1. Whether Petitioner has proven that the challenged claims of U.S.
`
`Patent No. 8,812,993 (“the ‘993 Patent”) are unpatentable on Grounds
`
`1A-1D and Grounds 2A-2D of the Petition (Paper No. 1).
`
`2.
`
`The construction of the following claim terms:
`
`a. “An electronic device.”
`
`b. “Tap-activatable.”
`
`c. “System function.”
`
`3. Whether secondary considerations support the conclusion that the
`
`challenged claims of the ‘993 Patent are not obvious.
`
`4. Whether Hisatomi is prior art with respect to the challenged claims of
`
`the ‘993 Patent.
`
`5. Whether Petitioner’s arguments presented in its Reply (Paper No. 49)
`
`impermissibly include grounds or arguments not presented in the
`
`Petition.
`
`1
`
`
`
`
`
`IPR2021-00145
`Patent Owner’s Request for Oral Argument
`
`
`6.
`
`7.
`
`Any issues specified by Petitioner in its Request for Oral Argument.
`
`Any issues specified in any motions filed by the parties, including any
`
`motions to exclude evidence.
`
`8.
`
`Any other issues the Board deems necessary for issuing a final written
`
`decision.
`
`Patent Owner further requests the use of audio-visual equipment to assist its
`
`arguments and to display its demonstrative exhibits. If the oral argument is
`
`conducted in-person, Patent Owner requests the ability to use audio-visual
`
`equipment to display demonstrative exhibits, including the use of a projector and
`
`screen for PowerPoint display. If the oral argument is conducted by remote
`
`videoconferencing, Patent Owner requests permission to use video-conferencing
`
`software to allow the presentation of demonstratives.
`
`Dated: January 31, 2022
`
`Respectfully submitted,
`
`
`
`
`
`
`
`
`
`/Robert M. Asher/
`Robert M. Asher
`Reg. No. 30,445
`rasher@sunsteinlaw.com
`SUNSTEIN LLP
`100 High Street
`Boston, MA 02110-2321
`(617) 443-9292 (phone)
`(617) 443-0004 (fax)
`
`
`
`
`2
`
`
`
`IPR2021-00145
`Patent Owner’s Request for Oral Argument
`
`
`Philip J. Graves (pro hac vice)
`philipg@hbsslaw.com
`HAGENS BERMAN SOBOL SHAPIRO LLP
`301 North Lake Avenue, Suite 920
`Pasadena, CA 91101-4129
`(213) 330-7150 (phone)
`(213) 330-7152 (fax)
`
`
`
`
`
`
`3
`
`
`
`IPR2021-00145
`Patent Owner’s Request for Oral Argument
`
`
`CERTIFICATE OF SERVICE
`
`It is certified that on January 31, 2022, the foregoing document has been
`
`served on Petitioners as provided in 37 C.F.R. § 42.6(e) via electronic mail at
`
`IPR50095-0015P1@fr.com.
`
`Dated: January 31, 2022
`
`Respectfully submitted,
`
`
`
`
`
`/Robert M. Asher/
`Robert M. Asher
`Reg. No. 30,445
`rasher@sunsteinlaw.com
`SUNSTEIN LLP
`100 High Street
`Boston, MA 02110-2321
`(617) 443-9292 (phone)
`(617) 443-0004 (fax)
`
`Philip J. Graves (pro hac vice)
`philipg@hbsslaw.com
`HAGENS BERMAN SOBOL SHAPIRO LLP
`301 North Lake Avenue, Suite 920
`Pasadena, CA 91101-4129
`(213) 330-7150 (phone)
`(213) 330-7152 (fax)
`
`
`
`
`
`
`
`
`
`4
`
`
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