`
`
`
`
`
`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 MOTION TO SEAL
`
`
`
`
`
`
`
`
`
`
`
`IPR2021-00145
`Patent Owner’s Motion to Seal
`
`
`TABLE OF EXHIBITS
`
`Description
`
`Declaration of Craig Rosenberg, Ph.D. in Support of Patent Owner’s
`Preliminary Response
`
`NEO
`Exhibit
`Number
`
`2001
`
`2002
`
`Craig Rosenberg, Ph.D., Curriculum Vitae
`
`2003 MicroTouch Mac-‘n-Touch Technical Data Sheet
`
`2004
`
`US Patent No. 5,406,307 (Hirayama, et al.)
`
`2005
`
`2006
`
`2007
`
`2008
`
`2009
`
`Transcript of 30(b)(6) Videotaped Deposition of Neonode, Inc. by
`Joseph Shain and Thomas Eriksson (March 19, 2012) in the matter of
`Motorola Mobility, Inc. v. Apple Inc., CA No. 1:10cv023580, United
`States District Court for the Southern District of Florida.
`
`Transcript of Telephonic conference Before the Honorable Alan D.
`Albright (October 23, 2020), in the matter of Neonode Smartphone,
`LLC v. Apple, Inc., Docket No. WA 20-CA-505, Neonode
`Smartphone, LLC v. Apple, Inc., Docket No. WA 20-CA-507, United
`States District Court for the Western District of Texas, Waco Division
`
`Plaintiff Neonode Smartphone LLC’s Motion for Issuance of Letter of
`Request to Examine Persons, Inspect Documents, Inspect Property
`Pursuant to the Hague Convention on the Taking of Evidence Abroad
`in Civil or Commercial Matters, and Exhibit A thereto.
`
`Apple Inc.’s Unopposed Motion for Issuance of Letter of Request to
`Examine Persons and Inspect Documents Pursuant to Hague
`Convention, and Exhibit A thereto.
`
`Order Granting Plaintiff Neonode Smartphone LLC’s Motion for
`Issuance of Letter of Request to Examine Persons, Inspect
`Documents, Inspect Property Pursuant to the Hague Convention on
`the Taking of Evidence Abroad in Civil or Commercial Matters
`
`
`
`i
`
`
`
`IPR2021-00145
`Patent Owner’s Motion to Seal
`
`
`Description
`
`Declaration of Jakob Falkman in Support of Patent Owner’s
`Preliminary Response
`
`Declaration of Philip Graves in Support of Patent Owner’s
`Preliminary Response
`
`NEO
`Exhibit
`Number
`
`2010
`
`2011
`
`2012
`
`Neonode N1 Quick Start Guide, V 0.5
`
`2013
`
`Declaration of Craig Rosenberg, Ph.D. in Support of Patent Owner’s
`Response to Petition
`
`2014
`
`Neonode Confidential Business Plan, May 2003
`
`2015
`
`2016
`
`Declaration of Per Bystedt in Support of Patent Owner’s Response to
`Petition
`
`Declaration of Marcus Bäcklund in Support of Patent Owner’s
`Response to Petition
`
`2017
`
`US Patent No. 7,880,732
`
`2018
`
`2019
`
`2020
`
`2021
`
`Transcript of Deposition of Benjamin B. Bederson, Ph.D. dated
`August 18, 2021
`
`Declaration of Joseph Shain in Support of Patent Owner’s Response
`to Petition
`
`Neonode Development of Neonode N1 Terminal Accomplished and
`Remaining Development Phases
`
`“Neonode is Alive Again” certified translation from Swedish to
`English (https://www.mobil.se/business/neonode-lever-igen last
`accessed September 17, 2021)
`
`2022
`
`Declaration of Ulf Mårtensson in Support of Patent Owner’s
`Response to Petition
`
`
`
`ii
`
`
`
`IPR2021-00145
`Patent Owner’s Motion to Seal
`
`
`NEO
`Exhibit
`Number
`
`2023
`
`Neonode History
`
`Description
`
`2024
`
`Neonode Confidential Investment Memorandum, January 2004
`
`2025
`
`Research & Development and License Agreement between Neonode
`and Samsung Electronics Co., Ltd., effective July 13, 2005
`
`2026
`
`Excel Spreadsheet documenting Neonode sales
`
`2027
`
`“Pen Computing Magazine: The NeoNode N1”
`(https://pencomputing.com/WinCE/neonode-n1-review.html last
`accessed September 21, 2021)
`
`2028
`
`Unredacted copy of Patent Owner’s Sur-Reply
`
`2029
`
`2030
`
`Excerpts from deposition transcript of Benjamin B. Bederson, Ph.D.
`dated February 28, 2022, Case No. IPR2021-00144
`
`Patent Owner’s Demonstrative Exhibits (SAMSUNG-NEONODE
`CONFIDENTIAL-APPLE ATTORNEYS’ EYES ONLY)
`
`2031
`
`Patent Owner’s Demonstrative Exhibits (Redacted Public Version)
`
`
`
`iii
`
`
`
`IPR2021-00145
`Patent Owner’s Motion to Seal
`
`
`Pursuant to the Parties’ Joint Submission of Proposed Protective Order
`
`(Paper No. 50), the Board’s Order Granting Joint Request for Entry of Protective
`
`Order 37 (Paper No. 52) and the Board’s Order Granting Motion to Seal (Paper
`
`No. 53), Patent Owner Neonode Smartphone LLC (“Patent Owner”) hereby moves
`
`to seal portions of its demonstrative exhibits, on the ground that those portions of
`
`the Sur-Reply contain references to the terms of Exhibit 2025, which the Board has
`
`ordered to be sealed.
`
`A public redacted version and a confidential version are filed herewith.
`
`Dated: March 14, 2022
`
`Respectfully submitted,
`
`
`
`
`
`
`
`/Philip J. Graves/
`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)
`
`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)
`
`
`
`
`
`
`1
`
`
`
`IPR2021-00145
`Patent Owner’s Motion to Seal
`
`
`CERTIFICATE OF SERVICE
`
`It is certified that on March 14, 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: March 14, 2022
`
`Respectfully submitted,
`
`
`
`
`
`/Philip J. Graves/
`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)
`
`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
`
`
Accessing this document will incur an additional charge of $.
After purchase, you can access this document again without charge.
Accept $ Charge
Still Working On It
This document is taking longer than usual to download. This can happen if we need to contact the court directly to obtain the document and their servers are running slowly.
Give it another minute or two to complete, and then try the refresh button.
A few More Minutes ... Still Working
It can take up to 5 minutes for us to download a document if the court servers are running slowly.
Thank you for your continued patience.
This document could not be displayed.
We could not find this document within its docket. Please go back to the docket page and check the link. If that does not work, go back to the docket and refresh it to pull the newest information.
Your account does not support viewing this document.
You need a Paid Account to view this document. Click here to change your account type.
Your account does not support viewing this document.
Set your membership
status to view this document.
With a Docket Alarm membership, you'll
get a whole lot more, including:
- Up-to-date information for this case.
- Email alerts whenever there is an update.
- Full text search for other cases.
- Get email alerts whenever a new case matches your search.
One Moment Please
The filing “” is large (MB) and is being downloaded.
Please refresh this page in a few minutes to see if the filing has been downloaded. The filing will also be emailed to you when the download completes.
Your document is on its way!
If you do not receive the document in five minutes, contact support at support@docketalarm.com.
Sealed Document
We are unable to display this document, it may be under a court ordered seal.
If you have proper credentials to access the file, you may proceed directly to the court's system using your government issued username and password.
Access Government Site
