`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`
`APPLE INC.,
`Petitioner,
`
`v.
`
`KOSS CORPORATION,
`Patent Owner.
`
`
`IPR2021-00255
`U.S. Patent No. 10,298,451
`
`
`
`PATENT OWNER’S UPDATED EXHIBIT LIST
`
`
`
`
`
`
`505558144.1
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`
`
`
`Case IPR2021-00255
`Patent Owner’s Updated Exhibit List
`
`EXHIBIT LISTING
`
`DESCRIPTION
`
`EXHIBIT
`NO.
`KOSS-2001 Sample Order Governing Proceedings - Patent
`Case, November 5, 2020, Judge Albright,
`United States District Court for the Western
`District of Texas, Waco Division
`
`KOSS-2002 Markman Hearing, MV3 Partners, LLC v. Roku,
`Inc., Case No. W-18-cv-308, Dkt. No. 83 (W.
`D. Tex. July 19, 2019)
`
`KOSS-2003 E. Cunningham et al., “Fauci predicts vaccine
`‘open season’ by April,” Washington Post, Feb.
`11, 2021
`(www.washingtonpost.com/nation/2021/02/11/c
`oronavirus-covid-live-updates-us/) (last
`accessed February 25, 2021)
`
`KOSS-2004 Docket Report, Koss Corp. v. Apple Inc., Case
`No. 6:20-cv-00665-ADA (W.D. Tex.) (as of
`March 2, 2021)
`
`KOSS-2005 Complaint, Apple Inc. v. Koss Corporation,
`Case No. 5:20-cv-05504, Dkt. No. 1 (N.D. Cal.
`Aug. 7, 2020)
`
`KOSS-2006 Notice of Trial Procedures, VLSI Tech. LLC v.
`Intel Corp., Case No. 6:21-cv-00057-ADA,
`Dkt. No. 421 (W.D. Tex. February 10, 2021)
`
`KOSS-2007 R. Thebault, “Fauci says U.S. vaccinations to
`increase in spring as Biden administration nears
`dose goal,” Washington Post, Feb. 7, 2021
`(www.washingtonpost.com/health/2021/02/07/f
`auci-vaccination-increase/) (last accessed
`February 25, 2021)
`
`- 1 -
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`PREVIOUSLY
`SUBMITTED
`X
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`Case IPR2021-00255
`Patent Owner’s Updated Exhibit List
`
`DESCRIPTION
`
`EXHIBIT
`NO.
`KOSS-2008 K. Buehler, “WDTX Judge Albright Touts
`Revamped Courtroom Tech,” IPLAW360,
`February 26, 2021.
`
`KOSS-2009 Email dated March 8, 2021 from Michael Pieja
`to Darlene Ghavimi, including attachment that
`is letter dated March 6, 2021 Michael Pieja to
`Darlene Ghavimi
`
`KOSS-2010 Claim Construction Order, Koss Corp. v. Apple,
`Inc., Case No. 6-20-cv-00665-ADA, Dkt. 83
`(W.D. Tex. June 2, 2021)
`
`KOSS-2011 Order Denying Defendant’s Motion to Transfer,
`Koss Corp. v. Apple, Inc., Case No. 6-20-cv-
`00665-ADA, Dkt. 76 (W.D. Tex. April 22,
`2021)
`
`KOSS-2012 Order Granting Motion to Transfer, Apple Inc.
`v. Koss Corp., Case No. 4:20-cv-05504, Dkt. 72
`(May 12, 2021)
`
`KOSS-2013 Joint Motion to Consolidate Cases, Koss Corp.
`v. Apple, Inc., Case No. 6-20-cv-00665-ADA,
`Dkt. 84 (W.D. Tex. June 8, 2021)
`
`KOSS-2014 Exhibit 1003 (Declaration of J. Cooperstock) in
`IPR2021-00305
`
`KOSS-2015 Transcript, Deposition of J. Cooperstock, July
`28, 2021, IPR2021-00255
`
`KOSS-2016 Press release, June 5, 2017, “HomePod
`reinvents music in the home”
`(www.apple.com/newsroom/2017/06/homepod-
`reinvents-music-in-the-home/) (accessed
`August 18, 2021)
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`- 2 -
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`PREVIOUSLY
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`Case IPR2021-00255
`Patent Owner’s Updated Exhibit List
`
`DESCRIPTION
`
`EXHIBIT
`NO.
`KOSS-2017 Press release, October 13, 2020, “Apple
`introduces HomePod mini: A powerful smart
`speaker with amazing sound”
`(www.apple.com/newsroom/2020/10/apple-
`introduces-homepod-mini-a-powerful-smart-
`speaker-with-amazing-sound/) (accessed
`August 18, 2021)
`
`KOSS-2018 G. Rambo, “HomePod set up similar to
`AirPods, requires iCloud Keychain & two-
`factor auth,” Jan. 24, 2018
`(9to5mac.com/2018/01/24/homepod-setup-
`process/) (accessed August 18, 2021)
`
`KOSS-2019 D. Phelan, “Apple Just Cut the Price of
`HomePod Around the World,” April 4, 2019
`(www.forbes.com/sites/davidphelan/2019/04/04
`/apple-just-cut-homepod-price-significantly-
`around-the-world-
`permanently/?sh=7182caea37c7) (accessed
`August 18, 2021)
`
`KOSS-2020 D. Curry, “Apple Statistics (2021),” updated
`August 16, 2021
`(https://www.businessofapps.com/data/apple-
`statistics/) (accessed August 18, 2021)
`
`KOSS-2021 Apple Inc., Form 10-K, fiscal year ended Sept.
`26, 2020
`
`KOSS-2022 Declaration by Joseph C. McAlexander III
`
`KOSS-2023 Transcript, Deposition of J. Cooperstock,
`January 18, 2021, IPR2021-00255
`
`KOSS-2024 U.S. Patent No. 8,751,648
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`Case IPR2021-00255
`Patent Owner’s Updated Exhibit List
`
`DESCRIPTION
`
`EXHIBIT
`NO.
`KOSS-2025 Patent Owner’s Demonstratives for Oral
`Hearing
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`PREVIOUSLY
`SUBMITTED
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`Dated: February 28, 2022
`
`
`
`
`Case IPR2021-00255
`Patent Owner’s Updated Exhibit List
`
`
`
`
`
`Respectfully submitted,
`
`By:
`
`
`
`
`
`/Mark G. Knedeisen/
`Mark G. Knedeisen (Reg. No. 42,747)
`K&L Gates Center, 210 Sixth Avenue
`Pittsburgh, Pennsylvania 15222
`Tel.: (412) 355-6342
`mark.knedeisen@klgates.com
`
`Counsel for Patent Owner
`
`
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`- 5 -
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`Case IPR2021-00255
`Patent Owner’s Updated Exhibit List
`
`CERTIFICATION OF SERVICE UNDER 37 C.F.R. § 42.6(e)(4)
`
`I hereby certify that on February 28, 2022, I caused a true and correct copy of
`
`the foregoing to be served on the following counsel for Petitioner by electronic mail to
`
`the following email addresses:
`
`W. Karl Renner (Reg. No. 41,265)
`David Holt (Reg. No. 65,161)
`Ryan Chowdhury (Reg. No. 74,466)
`Seth Sproul, Pro Hac Vice
`Fish & Richardson P.C.
`3200 RBC Plaza, 60 South Sixth Street
`Minneapolis, MN 55402
`Email: IPR50095-0020IP1@fr.com
`Email: PTABInbound@fr.com
`Email: axf-ptad@fr.com
`
`Jennie Hartjes (Reg. No. 77,687)
`Michael Pieja, Pro Hac Vice
`Goldman Ismail Tomaselli Brennan & Baum LLP
`200 South Wacker Drive, 22nd Floor
`Chicago, IL 60606
`Email: jhartjes@goldmanismail.com
`Email: mpieja@goldmanismail.com
`
`
`By:
`
`
`
`
`
`
`
`
`
`/Mark G. Knedeisen/
`Mark G. Knedeisen (Reg. No. 42,747)
`K&L Gates Center, 210 Sixth Avenue
`Pittsburgh, Pennsylvania 15222
`Tel.: (412) 355-6342
`mark.knedeisen@klgates.com
`
`Counsel for Patent Owner
`
`
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