`
`____________
`
`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. 8,095,993
`
`DECLARATION OF JOSEPH SHAIN
`
`Samsung et al. v. Neonode
`IPR2021-00145 (US 8,812,993)
`Neonode Ex. 2019
`Page 1
`
`
`
`Declaration of Joseph Shain
`IPR2021-00145
`
`1.
`
`2.
`
`I, Joseph Shain, declare as follows:
`
`I am over 18 years of age and, if I am called upon to do so, I would be
`
`competent to do testify as to the matters set forth herein.
`
`3.
`
`I have been employed by Neonode, Inc. as its Vice President of
`
`Intellectual Property from January 1, 2011 through May 31, 2017, and by Neonode
`
`Technologies AB as its Vice President of Intellectual Property from June 1, 2017
`
`through October 31, 2020, and as its Intellectual Property manager from November
`
`1, 2020 to date. Currently, among my job functions is to serve as intellectual
`
`property manager and to preform functions related to market intelligence.
`
`4.
`
`I am personally familiar with the operation of the user interface of the
`
`Neonode N1 and N2 phones, having used the phones many times.
`
`5.
`
`The Neonode N1 and N2 phones were mobile electronic devices
`
`having a memory storing code for, among other things, presenting an interface to a
`
`user. The phones had both a processor and a touch-sensitive display screen.
`
`6.
`
`Both the Neonode N1 and N2 had three icons that were displayed in a
`
`strip along the lower edge of the display immediately following unlocking of the
`
`phone. One of the three icons was for the Start Menu. None of these three icons
`
`were tap-activatable, nor were there any other tap-activatable icons on the screen
`
`immediately after unlocking the phone. The three icons were activatable by a
`
`1
`
`EX2019
`
`Samsung et al. v. Neonode
`IPR2021-00145 (US 8,812,993)
`Neonode Ex. 2019
`Page 2
`
`
`
`Declaration of Joseph Shain
`IPR2021-00145
`
`gesture in which a thumb or finger touches the icon, and swipes up toward the
`
`center of the screen before lifting off of the screen.
`
`7. When the Start Menu icon was activated, the display presented a
`
`menu of icons including an icon for a file manager, and others, all of which could
`
`be activated by a tap gesture.
`
`8. When the N1 and N2 phones displayed tap-activatable icons, they
`
`were presented full-screen, not within a window.
`
`9.
`
`One of the tap-activatable icons on the Start Menu of both the N1 and
`
`N2 phones was an alarm function.
`
`10.
`
`The strip at the bottom edge of the display in which the icon for
`
`activating the Start Menu was contained was less than a thumb’s width in the N1
`
`and N2 phones.
`
`11.
`
`To activate the Start Menu of the N1 and N2 phones, the user would
`
`touch the Start Menu icon and swipe up on the display toward the top edge of the
`
`display, out of the strip containing the Start Menu icon.
`
`12.
`
`I declare under penalty of perjury under the laws of the United States
`
`of America that all statements made herein of my knowledge are true, and that all
`
`statements made on information and belief are believed to be true, and that these
`
`statements were made with the knowledge that willful false statements and the like
`
`2
`
`EX2019
`
`Samsung et al. v. Neonode
`IPR2021-00145 (US 8,812,993)
`Neonode Ex. 2019
`Page 3
`
`
`
`so made are punishable by fine or imprisonment, or both, under Section 1001 of
`
`Declaration of Joseph Shain
`IPR2021-00145
`
`Title 18 of the United States Code.
`
`Dated: September 20, 2021
`
`________________________________
`Joseph Shain
`
`3
`
`EX2019
`
`Samsung et al. v. Neonode
`IPR2021-00145 (US 8,812,993)
`Neonode Ex. 2019
`Page 4
`
`
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