`
`____________
`
`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 OBJECTIONS TO
`EVIDENCE UNDER 37 C.F.R. § 42.64
`
`
`
`
`
`
`
`
`
`
`
`
`IPR2021-00145
`Patent Owner’s Objection to Evidence
`
`
`Patent Owner Neonode Smartphone LLC (“Neonode”), objects under the
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`Federal Rules of Evidence and 37 C.F.R. § 42.64(b)(1) to the admissibility of the
`
`following documents submitted by Petitioners Samsung Electronics Co., Samsung
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`Electronics America, Inc. and Apple Inc. (“Petitioners”) with their Reply to Patent
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`Owner’s Response, Paper No. 49.
`
`Petitioners’ Reply was filed on December 15, 2021. Paper No. 49. Thus,
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`Neonode’s objections are timely under 37 C.F.R. § 42.64(b)(1). Neonode served
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`Petitioners with these objections to provide notice that Neonode will move to
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`exclude these exhibits as improper evidence.
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`I.
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`November/December 1995 Pen Computing Pen Lab review of IBM
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`ThinkPad 730TE (EX1058)
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`Neonode objects to the admissibility of EX1058 for the following reasons:
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`1.
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` It is offered to prove that “IBM debuted the ThinkPad 730TE in
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`1995, a year after Hansen’s priority date and seven years before the priority date of
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`the ’993 patent,” and is therefore hearsay. EX1051, ¶86.
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`2.
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`It is offered to prove that “the ThinkPad 730TE included a DX4/75
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`processor (i.e., a Central Processing Unit (CPU)), ‘an Integral Peripherals Viper
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`260MB unit’ disk drive and 8MB of base RAM (i.e., memory units), a ‘port
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`replicator that offers a full complement of serial, parallel, SVGA, floppy, power,
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`and PS/2 style keyboard ports’ (i.e., an input/output port), and ‘accelerated VESA
`
`
`
`1
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`
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`local-bus graphics’ (i.e., a video controller),” and is therefore hearsay. EX1051,
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`IPR2021-00145
`Patent Owner’s Objection to Evidence
`
`
`¶86.
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`3.
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`It is offered to prove that “the ThinkPad 730TE was a windows-based
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`system, having been capable of running Microsoft’s ‘Windows for Pen
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`Computing,’” and is therefore hearsay. EX1051, ¶86.
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`II.
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`Supplemental Declaration of Dr. Benjamin B. Bederson (EX1051).
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`Neonode objects to the admissibility of ¶¶14-37, 64-65, 86-87 of EX1051 on
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`the ground that they raise new arguments beyond the scope of the Petition and
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`beyond the proper scope of redirect.
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`Neonode objects to the admissibility of ¶¶99-106 of EX1051 on the ground
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`that Dr. Bederson purports to testify as a user interface expert, but has
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`demonstrated no qualifications as an expert by knowledge, skill, experience,
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`training, or education in commercial success, industry praise, expert skepticism, or
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`industry respect, so he is not qualified under FRE 702 to offer opinions on whether
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`there is any nexus between the claims and these elements.
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`III.
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` Conclusion
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`Therefore, Neonode reserves its rights to file motions to exclude the above
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`evidence and exhibits under 37 C.F.R. § 42.64(c).
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`
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`2
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`
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`Dated: December 22, 2021
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`Respectfully submitted,
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`IPR2021-00145
`Patent Owner’s Objection to Evidence
`
`
`
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`
`
`/s/ 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)
`
`
`
`
`
`
`3
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`
`
`IPR2021-00145
`Patent Owner’s Objection to Evidence
`
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`CERTIFICATE OF SERVICE
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`It is certified that on December 22, 2021, the foregoing document has been
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`served on Petitioners as provided in 37 C.F.R. § 42.6(e) via electronic mail at
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`IPR50095-0015P1@fr.com.
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`Dated: December 22, 2021
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`Respectfully submitted,
`
`
`
`
`
`/s/ 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)
`
`
`
`
`
`4
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