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`1 UNITED STATES PATENT AND TRADEMARK OFFICE
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` BEFORE THE PATENT TRIAL AND APPEAL BOARD
`4 ____________________________________________
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` SAMSUNG ELECTRONICS CO. LTD.,
`7 SAMSUNG ELECTRONICS AMERICA, INC.,
` AND APPLE, INC.
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`8 9
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` Petitioners
`10 v.
`11 NEONODE SMARTPHONE, LLC
`12 Patent Owner
`13
`14 Case IPR2021-00145
`15 U.S. Patent No. 8,812,993
`16
`17
`18
`19 _____________________________________________
`20 ORAL AND VIDEOCONFERENCE DEPOSITION
`21 JOSEPH SHAIN
`22 December 1, 2021
`_____________________________________________
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`Joseph Shain
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`EXHIBIT 1053
`Samsung et al. v. Neonode
`IPR2021-00145
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`1 UNITED STATES PATENT AND TRADEMARK OFFICE
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` BEFORE THE PATENT TRIAL AND APPEAL BOARD
`4 ____________________________________________
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`2 3
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`5 6
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` SAMSUNG ELECTRONICS CO. LTD.,
`7 SAMSUNG ELECTRONICS AMERICA, INC.,
` AND APPLE, INC.
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`8 9
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` Petitioners
`10 v.
`11 NEONODE SMARTPHONE, LLC
`12 Patent Owner
`13
`14 Case IPR2021-00145
`15 U.S. Patent No. 8,812,993
`16
`17
`18
`19 _____________________________________________
`20 ORAL AND VIDEOCONFERENCE DEPOSITION
`21 JOSEPH SHAIN
`22 December 1, 2021
`_____________________________________________
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`Joseph Shain
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`EXHIBIT 1053
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` ORAL AND VIDEOCONFERENCE DEPOSITION OF
`3 JOSEPH SHAIN, produced as a witness at the instance of
`4 the Petitioners, and duly sworn, was taken in the
`5 above-styled and numbered cause on December 1, 2021,
`6 from 10:01 a.m. to 10:44 a.m., before Mia Hoang,
`7 Certified Shorthand Reporter in and for the State of
`8 Texas, reported by computerized stenotype machine via
`9 Zoom, pursuant to the Federal Rules of Civil Procedure
`10 and the provisions stated on the record or attached
`11 hereto.
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`1 A P P E A R A N C E S
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`FOR THE PETITIONERS:
`4 Mr. Zachary Loney
` DLA Piper
`5 303 Colorado Street, Suite 3000
` Austin, Texas 78701
`6 Telephone: (512) 457-7203
` E-mail: zachary.loney@dlapiper.com
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`FOR THE PATENT OWNER:
`9
` Mr. Philip Graves
`10 HAGENS, BERMAN, SOBOL, SHAPIRO, LLP
` 301 N. Lake Avenue, Suite 920
`11 Pasadena, CA 91101
` Telephone: (213) 330-7147
`12 E-mail: philipg@hbsslaw.com
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`1 I N D E X
`2 PAGE
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`3 4
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`Appearances ...................................... 3
`5 JOSEPH SHAIN
`6 Examination by Mr. Loney .................... 5
`7 Examination by Mr. Graves ................... 23
`8 Signature and Changes ............................ 26
`9 Reporter's Certificate ........................... 28
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`14 E X H I B I T S
`15
`16 NO. DESCRIPTION PAGE
`17 Exhibit 1 Updated Notice of Deposition 7
`18 of Joseph Shain
`19 Exhibit 2 Shain Declaration 9
`20 Exhibit 3 N1 Image 17
`21 Exhibit 4 N2 Image 17
`22
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`1 THE REPORTER: Could you raise your
`2 right hand to be sworn?
`3 (Witness sworn)
`4 JOSEPH SHAIN,
`5 having been first duly sworn, testified as follows:
`6 EXAMINATION
`7 BY MR. LONEY:
`8 Q. All right. Thank you for your time today,
`9 Mr. Shain.
`10 Could you please start off by stating
`11 your full name for the record.
`12 A. Joseph Shain.
`13 Q. All right. And where are you currently
`14 located today?
`15 A. Stockholm, Sweden.
`16 Q. And is English your first language?
`17 A. Yes.
`18 Q. Okay. And so just, you understand you're
`19 under oath today, right?
`20 A. Yes.
`21 Q. Okay. And you understand that the testimony
`22 you're giving today during this deposition will be as
`23 important as if you were giving it in a courtroom?
`24 A. Yes.
`25 Q. Okay. Have you ever been deposed before,
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`1 Mr. Shain?
`2 A. Yes, I have.
`3 Q. How many times have you been deposed?
`4 A. I believe it was three times.
`5 Q. Okay. Do you recall what matters were at
`6 issue in the times you were deposed?
`7 A. Yeah. The first time, it was in the matter
`8 of a litigation between Apple and Motorola. And the
`9 other two times, it was in the context of being
`10 deposed by Samsung and Apple.
`11 Q. You've probably heard this before, but I'll
`12 just go through some of the basics for how the
`13 deposition will run. I'll ask you a series of
`14 questions. And I just request that you do your best
`15 to answer those questions. All right?
`16 A. Okay.
`17 Q. And if you ever do not understand a question
`18 that I've asked you, you'll let me know, right?
`19 A. Yes.
`20 Q. Okay. And then so the court reporter can --
`21 can take down the questions and the answers, we'll
`22 need to -- to speak verbally and communicate verbally.
`23 And you'll do that, right?
`24 A. Yes.
`25 Q. Okay. Is there any reason that you cannot
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`1 provide truthful, accurate and complete testimony here
`2 today?
`3 A. No.
`4 Q. Okay. And if that changes for any reason
`5 during our conversation, you'll tell me, right?
`6 A. Yes.
`7 (Exhibit 1 marked)
`8 Q. (BY MR. LONEY) Okay. Mr. Shain, if you could
`9 open the chat window on the video link. I'm going to
`10 -- to put a file --
`11 A. I'm on a -- I'm on an iPad and -- and the
`12 pass -- the chat didn't seem to work well. I think
`13 you'll have to share the item. We can try, but I'm
`14 just giving you a heads-up, it might not work with an
`15 iPad.
`16 Q. Okay.
`17 A. So I will pass the share the screen, and then
`18 I can see it on the screen.
`19 Q. I'll go ahead and put them in the chat
`20 screen. If you can get them, great, but this way the
`21 court reporter can also have access, as well your
`22 counsel.
`23 A. Okay. I'll open my chat. Okay. My chat is
`24 open.
`25 Q. There should be a file that should say EX1
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`1 and then a longer file name. If you could open that
`2 real quick.
`3 A. So I don't see any messages.
`4 Q. Oh, let me see. Well, tell you what, then.
`5 I will see if I can open this on my screen.
`6 A. Okay.
`7 Q. All right. Let me know if you see a PDF
`8 document in front of you.
`9 A. I see a sliver of a --
`10 MR. GRAVES: It looks like it's -- it's
`11 heavily modified -- or not modified, enlarged.
`12 MR. LONEY: Yeah, let me try this real
`13 quick again. Let's see, share screen.
`14 A. Okay. Now I see the document.
`15 Q. (BY MR. LONEY) Okay. And have you ever seen
`16 this document before?
`17 A. I should have, but I don't recall, like,
`18 Petitioner's Updated Notice of Deposition. Unless
`19 this is just the notice that -- that I received to --
`20 to appear here today. Yes, that -- that I've seen.
`21 Q. Okay. And you're -- you're prepared to give
`22 testimony today regarding the statements made in your
`23 declaration in this proceeding?
`24 A. Correct, yes.
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`1 (Exhibit 2 marked)
`2 Q. (BY MR. LONEY) Okay. And now, I'm going to
`3 put Exhibit 2 in the chat as well. This will be a
`4 copy of your declaration. Do you have a copy -- a
`5 paper copy or an electronic copy that you prefer to
`6 use?
`7 A. I have a -- a paper copy, if you like, but
`8 I'm happy to look at it on the screen.
`9 Q. Let me -- there are a couple things that will
`10 probably be best if we look at it together on the
`11 screen. Oops. It's sort of best if we do it this
`12 way.
`13 All right. Are you able to see that?
`14 A. No, if you make it a little bigger, that's
`15 better. That would be better. That's good.
`16 Q. All right. And I apologize, I'll -- does
`17 this -- does this look like the -- the document you
`18 recognize?
`19 A. Yeah.
`20 Q. Okay. And you --
`21 MR. GRAVES: Now, could I -- could I
`22 jump in. Could you upload this to the chat as --
`23 since you're marking it as Exhibit 2, upload it to the
`24 chat so I can -- I can download it and take a quick
`25 look at it?
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`1 MR. LONEY: Let me -- it should be
`2 there. I'm trying to figure out how to access chat
`3 now that I'm in.
`4 THE REPORTER: It's already in the chat.
`5 MR. LONEY: Yes.
`6 MR. GRAVES: Yeah, I -- I don't --
`7 I'm -- I don't see it. All I see is Exhibit 1 in the
`8 chat.
`9 THE REPORTER: Okay. Because I have --
`10 MR. LONEY: Oh, I --
`11 THE REPORTER: -- I have both.
`12 MR. LONEY: Yeah, I sent it as a direct
`13 message to the court reporter. That's why. There we
`14 go.
`15 MR. GRAVES: There we go. Okay. All
`16 right. Thanks.
`17 MR. LONEY: Perfect.
`18 Q. (BY MR. LONEY) So Mr. Shain, I'm going to --
`19 to scroll down to the -- the last page of this
`20 document. Feel free to look at your -- your local
`21 copy. But my question is, is this your signature here
`22 on the last page?
`23 A. Yes, it is.
`24 Q. Okay. And let's see.
`25 Did you read your declaration before
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`1 signing it?
`2 A. Sure.
`3 Q. Okay. Now, are you aware of -- are you aware
`4 of which patent is at issue in the current proceeding?
`5 A. Yes. The '993 patent.
`6 Q. Okay. And did you review that patent in
`7 preparation for your deposition today?
`8 A. No.
`9 Q. Okay. Do you know a person by the name of
`10 Craig Rosenberg that's involved with this current
`11 proceeding?
`12 A. I've heard his name, but I've never met him.
`13 Q. Okay. Have you ever spoken with him?
`14 A. No.
`15 Q. Okay. Do you know a Mr. Marcus Backlund?
`16 A. I -- I've talked to him, but I've never -- I
`17 don't know if I've ever met him.
`18 Q. Did you speak with him in preparation for
`19 your deposition today?
`20 A. No.
`21 Q. Okay. And do you know a Mr. Per Bystedt,
`22 Bystedt?
`23 A. Yes, I do.
`24 Q. Did you speak with -- with him in preparation
`25 for your deposition today?
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`1 A. No, I did not.
`2 Q. Okay. And did you perform a market analysis
`3 of any kind related to the current proceeding?
`4 A. I don't understand the question. What's a
`5 market analysis of a -- of a proceeding?
`6 Q. In preparing your declaration, did you
`7 perform any kind of market analysis?
`8 A. No.
`9 Q. Okay. In preparing your declaration, did you
`10 perform any kind of financial analysis?
`11 A. No.
`12 Q. And in preparing your declaration, did you
`13 perform any kind of technical analysis related to the
`14 patent at issue?
`15 A. No.
`16 Q. Okay. Now, are you currently employed with
`17 Neonode?
`18 A. I'm currently employed by Neonode
`19 Technologies AB.
`20 Q. Okay. And is that the Swedish entity?
`21 A. Yes.
`22 Q. Okay. And how long have you been employed by
`23 Neonode Technologies AB?
`24 A. I believe it's since June 2017.
`25 Q. Okay. Have you ever been employed by any
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`1 other Neonode entity?
`2 A. Yes.
`3 Q. Which one -- which -- which Neonode entities
`4 have you been employed by?
`5 A. Neonode, Inc.
`6 Q. Okay. Is that the -- the US Neonode entity?
`7 A. Yes.
`8 Q. Okay. And were you employed at Neonode, Inc.
`9 from January 2011 through May 2017?
`10 A. Yes.
`11 Q. Okay. Other than the -- the -- the positions
`12 and the time frames listed in Paragraph 3 of your --
`13 of your declaration, have you ever held -- have you
`14 ever been employed by any Neonode entity in any other
`15 sense?
`16 A. Yes.
`17 Q. Which Neonode -- which other Neonode entity
`18 have you been employed by?
`19 A. I was employed by Neonode Inc. in -- that was
`20 prior to -- let's see, what does it say here? Oh,
`21 January 2011. So prior to January 2011, I worked as a
`22 consultant for Neonode Inc.
`23 Q. Okay. And during -- and what time frame was
`24 that?
`25 A. It was -- it began in 2008. It might have
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`1 been April or May 2008 until the end of 2010.
`2 Q. Okay. What was your job title?
`3 A. I don't recall, but I think it might have
`4 been -- it's something like intellectual property
`5 manager.
`6 Q. Okay. And what were you job
`7 responsibilities --
`8 A. You're talking about when I was a
`9 consultant -- sorry. You meant as a consultant,
`10 correct?
`11 Q. Yes. During --
`12 A. Or all the time?
`13 Q. -- during -- during your time as a consultant
`14 from 2008 --
`15 A. Yes.
`16 Q. -- to 2011. What were your job
`17 responsibilities --
`18 A. I don't recall, but it was something like
`19 intellectual property management.
`20 Q. Okay. And during your time with Neonode,
`21 Inc. from 2008 to 2011, what were your job
`22 responsibilities?
`23 A. To prosecute and -- to prosecute patents, to
`24 file new patents for inventions. And to also look out
`25 on -- to -- to prosecute and maintain the patents and
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`1 prosecute and maintain trademarks for the company.
`2 Q. Okay. Have you ever been a member of the
`3 board of directors for any Neonode entity?
`4 A. No.
`5 Q. Okay. Do you currently hold stock in any
`6 Neonode company?
`7 A. No.
`8 Q. Okay. Do you have any other financial
`9 interests in any Neonode entity?
`10 A. I -- I believe I have some options that may
`11 not have been expired -- that may not have expired
`12 yet. But if I do, they're not -- they're -- the --
`13 the -- the price is -- the -- the current price is way
`14 below what the price is for the options, so they're
`15 not worth anything.
`16 Q. Okay. Now, if we look at Paragraph 4 of your
`17 declaration, you -- you said that you're personally
`18 familiar with the operation of the user interface of
`19 both the Neonode N1 and N2 phones, right?
`20 A. Yes.
`21 Q. When was the last time you -- you operated a
`22 Neonode N1?
`23 A. Yesterday.
`24 Q. Okay. And when was the last time you
`25 operated a Neonode N2?
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`1 A. I don't know. Must have been a couple of
`2 weeks ago. I have one here on my table.
`3 Q. Okay. And is the user interface the same in
`4 both the N1 and the N2?
`5 A. Not the same, but similar.
`6 Q. Okay. What's -- what's different between the
`7 two phones' user interfaces?
`8 A. Let's see, the -- I mean, the screen
`9 dimensions might be a little different, but I'm not
`10 sure. The colors, the color schemes are different.
`11 The icons are different. The -- some -- in some of
`12 the phones, there are -- you know, when you touch a --
`13 a location on the phone at which you can sweep up. So
`14 in certain cases, a series of arrows pops up.
`15 So in the N1, for example, that I used
`16 yesterday, so that series of arrows pops up when you
`17 touch one of the three icons at the bottom of the
`18 screen. But there's a swipe to unlock function where
`19 if I touched any part of that icon or description,
`20 there was no arrow. But I believe that it's possible
`21 that in the N2, an arrow does appear with a swipe to
`22 unlock.
`23 So there -- there are a number of
`24 different -- it's a different -- I mean, it has a
`25 little bit of a different feel, but they're based on
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`1 the same. They're very similar in the, you know --
`2 you know, the scheme of the user interface.
`3 Q. And then each -- each of the N1 and N2
`4 devices, they have three -- three icons or images
`5 below the -- the display?
`6 A. Yes.
`7 Q. Okay. And those images are not tap
`8 activatable.
`9 A. Not tap activatable, no.
`10 MR. LONEY: Okay. Let me drop. I'm --
`11 I'm putting two images into the chat, label -- marking
`12 them as Exhibit 3 and Exhibit 4.
`13 (Exhibits 3 and 4 marked)
`14 MR. LONEY: And I will see if I can
`15 share my screen. All right.
`16 Q. (BY MR. LONEY) Mr. Shain, do you see the
`17 image on your screen that I marked as Exhibit 3?
`18 A. Yes.
`19 Q. Is this an image of a Neonode N1 device?
`20 A. Yes.
`21 Q. And the screen's off in this image, right?
`22 A. Yes. It appears to be off.
`23 Q. And below the -- the screen, we see the three
`24 icons or three, I guess, icons that you -- you were
`25 referring to earlier?
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`1 A. Yeah.
`2 Q. And are part -- are those icons part of
`3 the -- the screen? The display screen?
`4 A. No, they're -- they're within the touch
`5 sensitive area, but they're below the display.
`6 Q. Okay. And then -- oop.
`7 Let me know if you can see the image I
`8 put up and marked as Exhibit 4.
`9 A. Yes.
`10 Q. Is this an image of a Neonode N2 device?
`11 A. Yes.
`12 Q. And below the screen, we see the same three
`13 icons you were referring to earlier?
`14 A. They look a little different, but yes, it's
`15 the same -- they represent the same three functions,
`16 basically.
`17 Q. And again, the screen in this -- in this
`18 image of this device is off, right?
`19 A. Yes.
`20 Q. And below that screen, we see three -- three
`21 icons?
`22 A. Yes.
`23 Q. And those three icons are not part of the
`24 display screen?
`25 A. Correct. They're just in the touch sensitive
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`1 areas.
`2 Q. Now, you -- you stated in -- let me go back
`3 so we're on the same page.
`4 You stated in Paragraph 6 of your
`5 declaration that there were not any other tap
`6 activatable icons on the screen immediately after
`7 unlocking the phone. Do you see that at the bottom
`8 there?
`9 A. I do, yes.
`10 Q. Was the Neonode interface designed to allow
`11 tap activatable icons on that --
`12 A. Yes.
`13 Q. -- status screen?
`14 A. No. Not on the status screen.
`15 Q. If a user with a Neonode phone received a
`16 text message, would they receive a notification on the
`17 status screen?
`18 A. Yes, I believe so.
`19 Q. Would they be able to tap that notification?
`20 A. I don't think so.
`21 Q. If a user received a calendar -- or had a
`22 calendar appointment set up, would it show a
`23 notification on the status screen?
`24 A. I don't know. I have to really check what
`25 happens in these situations. My basic -- I have a
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`1 basic understanding of the user interface, and I'm
`2 kind of extrapo -- or trying to figure out what I
`3 think would happen -- would have happened or what I
`4 expect to have happened, but I -- I don't recall
`5 receiving a -- a -- you know, a calendar notification
`6 or a text notification. I don't remember what exactly
`7 occurred. So these are just conjecture. So I should
`8 really not -- not say for sure.
`9 Q. When you were using --
`10 A. I can tell you what I think would happen, but
`11 I don't -- I don't -- I have to investigate to see
`12 exactly what happens.
`13 Q. When you were using the N1 and N2 devices,
`14 were they connected to a mobile network?
`15 A. Yesterday they were not.
`16 Q. Okay. And then if -- if a person were to
`17 swipe up on the Neonode devices, for example, the
`18 start menu that you mention in your declaration, that
`19 would bring up a list of -- of tap activatable icons?
`20 A. Yes.
`21 Q. How many icons would be displayed in that --
`22 in that list?
`23 A. So the start menu has -- it -- it -- it
`24 depends on how the phone is configured and how many,
`25 you know, applications are installed. And then how
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`1 you -- there -- there's typically more than
`2 six applications available in the start menu. The
`3 screen is small so it provides room for six.
`4 So the start menu, actually, it has a
`5 number of screens that provide all of the -- all of
`6 the icons. So in total, there must be 4 screens, but
`7 I don't think all 4 have 6 icons on them. So it's
`8 less than 24 -- less than, yeah, 24, but I don't know,
`9 more than 6.
`10 Q. How would a user navigate between the
`11 screens?
`12 A. To get to the different screens of the start
`13 menu?
`14 Q. Yes.
`15 A. You would -- after you've opened the start
`16 menu, you can swipe across the top of the display to
`17 switch the active screen.
`18 Q. And is there any --
`19 A. You swipe by left to right. To your right to
`20 left depending on if you want to go forward or
`21 backwards.
`22 Q. Pardon. I didn't mean -- didn't mean to talk
`23 over you.
`24 Is there any indication to the user
`25 which of the -- the screens or pages the user is
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`1 looking at in relation to the other screens?
`2 A. Yes, there is.
`3 Q. And what does that look like?
`4 A. It's at -- at the top of the display, there
`5 are a number of I, don't know what you call them,
`6 maybe dots or indicators. And one of them is brighter
`7 than the other, I think. And that indicates which of
`8 the screens you're looking at is -- is currently on
`9 top.
`10 Q. Do they appear somewhat similar to tabs, tab
`11 functionality?
`12 A. I'm not -- I'm not sure because it depends
`13 on -- it might depend on the phone. I -- I think --
`14 I'm not sure, I'd have to look again at -- at the
`15 phones. If they're tabs or if they're dots.
`16 Q. And then Paragraph 10 of your declaration.
`17 You mention the strip at the bottom edge of the
`18 display. That's the same strips that we discussed
`19 earlier in the N1 and N2 images?
`20 A. Yes.
`21 MR. LONEY: No further questions.
`22 MR. GRAVES: All right, Jack. Why don't
`23 you give me -- let's take about a 10-minute break if
`24 that's okay with everyone.
`25 THE REPORTER: Okay. We're off the
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`1 record.
`2 (Recess taken, 10:25 a.m. to 10:40 a.m.)
`3 EXAMINATION
`4 BY MR. GRAVES:
`5 Q. My name is Philip Graves. I'm representing
`6 patent owner in this proceeding. Mr. Shain, I will
`7 have a couple of questions for you on redirect. Do
`8 you understand?
`9 A. Yes.
`10 Q. And you understand you're still under oath?
`11 A. Yes.
`12 Q. All right. Sir, there was some testimony
`13 earlier regarding whether the icons and the strip
`14 along the bottom edge of the display were or were not
`15 part of the display. Do you remember that?
`16 A. We -- we discussed it, I think, but I don't
`17 remember my exact words, but --
`18 Q. All right --
`19 A. -- we discussed, yeah.
`20 Q. Okay. And would you like to explain or
`21 clarify your responses to those questions and provide
`22 a little bit more detail.
`23 A. Sure. The -- what -- what I'd like to
`24 clarify is that a -- it is my understanding that a
`25 display screen is the areas presented to the user with
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`1 which he can interact with the phone. It's a
`2 contiguous flat area, and it includes both an area
`3 with electronic pixels that can generate images and
`4 the strip with the three icons at one edge of that
`5 area. So all of that would compromise a display
`6 screen.
`7 Q. So then are -- in the N1, are the three icons
`8 in the strip along the bottom edge of the display part
`9 of the display screen?
`10 A. Yes. They are along the bottom edge of the
`11 display screen.
`12 Q. And in the N2, are the icons and the stip
`13 along the bottom edge of the display part of the
`14 display screen?
`15 A. Yes. They're the same as N1 pretty much.
`16 Yeah, that's their -- the -- the N1 and the N2 are --
`17 are vir -- are virtually the same in that respect,
`18 that the display screen con -- includes the icon,
`19 the -- the strip with the icons in my understanding of
`20 display screen.
`21 MR. GRAVES: No further questions.
`22 MR. LONEY: No questions from patent
`23 owner -- or from Petitioner.
`24 THE REPORTER: Mr. Graves, will you be
`25 ordering a transcript?
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`1 MR. GRAVES: Yes.
`2 THE REPORTER: Will the witness read and
`3 sign?
`4 MR. GRAVES: Yes.
`5 (Deposition concluded at 10:44 a.m.)
`6 ************
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`1 CHANGES AND SIGNATURE
`2 JOSEPH SHAIN
`3 December 1, 2021
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`PAGE/LINE CHANGE REASON
`6 ______________________________________________________
`7 ______________________________________________________
`8 ______________________________________________________
`9 ______________________________________________________
`10 ______________________________________________________
`11 ______________________________________________________
`12 ______________________________________________________
`13 ______________________________________________________
`14 ______________________________________________________
`15 ______________________________________________________
`16 ______________________________________________________
`17 ______________________________________________________
`18 ______________________________________________________
`19 ______________________________________________________
`20 ______________________________________________________
`21 ______________________________________________________
`22 ______________________________________________________
`23 ______________________________________________________
`24 ______________________________________________________
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` I, JOSEPH SHAIN, have read the foregoing
`3 deposition and hereby affix my signature that same is
`4 true and correct, except as noted above.
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` __________________________
` JOSEPH SHAIN
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`1 SAMSUNG ELECTRONICS CO. LTD.,
` SAMSUNG ELECTRONICS AMERICA, INC.,
`2 AND APPLE, INC.
`3 Petitioners
`4 v.
`5 NEONODE SMARTPHONE, LLC
`6 Patent Owner
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` Case IPR2021-00145
`9 U.S. Patent No. 8,812,993
`10 _______________________________________________
`11
`12 REPORTER'S CERTIFICATE
`13 ORAL AND VIDEOCONFERENCE DEPOSITION
`14 JOSEPH SHAIN
`15 December 1, 2021
`16
`17 I, Mia Hoang, Certified Shorthand Reporter in
`18 and for the State of Texas, hereby certify that to the
`19 following:
`20
`21 That the witness, JOSEPH SHAIN, was duly sworn
`22 by the officer and that the transcript of the oral
`23 deposition is a true record of the testimony given by
`24 the witness;
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` I further certify that pursuant to FRCP Rule
`4 30(f)(1) that the signature of the deponent:
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` __X__ was requested by the deponent or a party
`7 before the completion of the deposition and returned
`8 within 30 days from date of receipt of the transcript.
`9 If returned, the attached Changes and Signature Page
`10 contains any changes and the reasons therefor;
`11
`12 ____ was not requested by the deponent or a
`13 party before the completion of the deposition.
`14
`15 I further certify that I am neither attorney
`16 nor counsel for, related to, nor employed by any of
`17 the parties in the action in which this testimony was
`18 taken.
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`20 Further, I am not a relative or employee of
`21 any attorney of record in this cause, nor do I have a
`22 financial interest in the action.
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` Subscribed and sworn to on this the _____ day
`3 of _________________, 20___.
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` _____________________________
` Mia Hoang, CRC, RDR, CRR
`8 Texas CSR 5763
` Expiration: 10/31/22
`9 Discovery Resource Litigation
` Support Services
`10 Firm Registration No. 231
` 1511 West 34th Street
`11 Houston, Texas 77018
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