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`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`
`
`
`
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`
`
`
`
`
`APPLE INC.,
`Petitioner,
`
`v.
`
`KOSS CORPORATION,
`Patent Owner.
`_____________________
`
`CASE: IPR2021-00592
`U.S. PATENT NO. 10,469,934
`_____________________
`
`
`PATENT OWNER’S UPDATED EXHIBIT LIST
`
`
`
`
`
`
`
`
`
`
`
`505980592.1
`
`
`

`

`
`
`EXHIBIT LISTING
`
`Exhibit
`
`Description
`
`IPR2021-00592
`
`Previously
`Submitted
`
`KOSS-2001
`
`KOSS-2002
`
`KOSS-2003
`
`KOSS-2004
`
`KOSS-2005
`
`KOSS-2006
`
`KOSS-2007
`
`Docket Report, Koss Corp. v. Apple Inc., Case No.
`6:20-cv-00665-ADA (W.D. Tex.) (accessed June
`15, 2021)
`
`Joint Claim Construction Statement, Koss Corp. v.
`Apple Inc., Case No. 6:20-cv-00665-ADA, Dkt. 68
`(W.D. Tex. April 14, 2021)
`
`Docket Report, Apple Inc. v. Koss Corp., Case No.
`4:20-cv-05504-JST (N.D. Cal.) (accessed June 15,
`2021)
`
`Order Denying Defendant’s Motion to Transfer,
`Koss Corp. v. Apple Inc., Case No. 6:20-cv-00665-
`ADA. Dkt. 76 (redacted/public version) (W.D. Tex.
`April 22, 2021)
`
`Order Granting Motion to Transfer, Apple Inc. v.
`Koss Corp., Case No. 4:20-cv-05504-JST, Dkt. 72
`(N.D. Cal. May 12, 2021)
`
`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)
`
`Order Setting Markman Hearing, Koss Corp. v.
`Apple Inc., Case No. 6:20-cv-00665-ADA, Dkt. 58
`(W.D. Tex. March 24, 2021)
`
`KOSS-2008
`
`Claim Construction Order, Koss Corp. v. Apple Inc.,
`Case No. 6:20-cv-00665-ADA, Dkt. 83 (W.D. Tex.
`June 2, 2021)
`KOSS-2009 U.S. Pub. 2008/0194209 A1 to Haupt et al. (“Haupt
`’209”)
`
`X
`
`X
`
`X
`
`X
`
`X
`
`X
`
`X
`
`X
`
`X
`
`- 1 -
`
`

`

`
`
`Exhibit
`
`Description
`
`IPR2021-00592
`
`Previously
`Submitted
`
`KOSS-2010 Order Governing Proceedings - Patent Case, W.D.
`Tex., Waco Division, Judge Albright, Feb. 23, 2021
`KOSS-2011 Petition for Inter Partes Review, IPR2021-00255,
`November 25, 2020
`KOSS-2012 Petition for Inter Partes Review, IPR2021-00600,
`March 7, 2021
`
`KOSS-2013
`
`Defendant Apple Inc.’s Invalidity Contentions, Koss
`Corp. v. Apple Inc., Case No. 6:20-cv-00665-ADA
`(W.D. Tex.), Jan. 15, 2021
`
`KOSS-2014 U.S. Pub. 2009/0029743 A9 to Lair et al. (“Lair”)
`KOSS-2015 U.S. Pub. 2005/0136839 A1 to Seshadri et al.
`(“Seshadri ’839”)
`KOSS-2016 U.S. Pub. 2006/008388 A1 to Rothschild
`(“Rothschild”)
`
`KOSS-2017 U.S. Patent 8,190,203
`
`KOSS-2018 U.S. Patent 8,571,544
`
`KOSS-2019 U.S. Patent 8,655,420
`
`KOSS-2020 U.S. Patent 9,049,502
`
`KOSS-2021 U.S. Patent 9,438,987
`
`KOSS-2022 U.S. Patent 9,497,535
`
`KOSS-2023 U.S. Patent 9,729,959
`
`KOSS-2024 U.S. Patent 9.986,325
`
`KOSS-2025 U.S. Patent 10,206,025
`
`- 2 -
`
`X
`
`X
`
`X
`
`X
`
`X
`
`X
`
`X
`
`X
`
`X
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`X
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`X
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`X
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`X
`
`X
`
`X
`
`X
`
`

`

`
`
`Exhibit
`
`Description
`
`KOSS-2026 U.S. Patent 10,368,155
`
`IPR2021-00592
`
`Previously
`Submitted
`X
`
`KOSS-2027
`
`R. Davis, “Albright Says He’ll Very Rarely Put
`Cases On Hold For PTAB,” Law360, May 11, 2021
`(www.law360.com/articles/1381597/print?section=i
`p) (accessed June 14, 2021)
`KOSS-2028 Order, In re Apple Inc., Case No. 21-147, D.I. 25
`(Fed. Cir. Aug. 4, 2021)
`KOSS-2029 Apple Inc., Form 10-K, for fiscal year ended
`September 26, 2020
`
`KOSS-2030
`
`KOSS-2031
`
`KOSS-2032
`
`“Apple AirPods are now available,” Apple
`Newsroom, Dec. 13, 2016
`(www.apple.com/newsroom/2016/12/apple-airpods-
`are-now-available/) (last accessed Sept. 8, 2021)
`
`“AirPods, the world’s most popular wireless
`headphones, are getting even better,” Apple
`Newsroom, Mar. 20, 2019
`(www.apple.com/newsroom/2019/03/airpods-the-
`worlds-most-popular-wireless-headphones-are-
`getting-even-better/) (last accessed Sept. 8, 2021)
`
`“Apple reveals new AirPods Pro, available October
`30,” Apple Newsroom, Mar. 20, 2019
`(www.apple.com/newsroom/2019/10/apple-reveals-
`new-airpods-pro-available-october-30/) (last
`accessed Sept. 8, 2021)
`
`KOSS-2033 Patent Owner’s Request for Additional Discovery
`
`KOSS-2034
`
`D. Curry, “Apple Statistics (2021),” Business of
`Apps, updated August 16, 2021
`(www.businessofapps.com/data/apple-statistics/)
`(last accessed August 18, 2021)
`
`- 3 -
`
`X
`
`X
`
`X
`
`X
`
`X
`
`X
`
`X
`
`X
`
`

`

`
`
`Exhibit
`
`Description
`
`IPR2021-00592
`
`Previously
`Submitted
`
`KOSS-2035
`
`KOSS-2036
`
`KOSS-2037
`
`KOSS-2038
`
`KOSS-2039
`
`KOSS-2040
`
`J. Cipriani, “Your AirPods just got a quiet update,”
`CNET, February 1, 2017
`(www.cnet.com/tech/mobile/how-to-update-the-
`firmware-of-apples-airpods/) (last accessed
`September 8, 2021)
`
`J. Clover, “Apple Releases New Firmware Update
`for AirPods,” MacRumors, May 24, 2017
`(www.macrumors.com/2017/05/24/airpods-
`firmware-update/) (last accessed September 8, 2021)
`
`J. Clover, “Apple Releases New Firmware for
`AirPods 2 and AirPods Pro,” MacRumors,
`December 16, 2019
`(www.macrumors.com/2019/12/16/apple-releases-
`new-airpods-firmware/) (last accessed September 8,
`2021)
`
`C. Miller, “Apple releases updated firmware version
`for AirPods and AirPods Pro,” 9to5Mac, April 28,
`2021 (9to5mac.com/2021/04/28/apple-releases-
`updated-firmware-version-for-airpods-and-airpods-
`pro/) (last accessed September 8, 2021)
`
`J. Clover, “Apple Updates AirPods 2 and AirPods
`Pro Firmware to Version 3A283,” MacRumors,
`September 14, 2020
`(www.macrumors.com/2020/09/14/apple-updates-
`airpods-firmware-3a283/) (last accessed September
`15, 2021)
`
`M. Potuck, “AirPods dominate wireless headphone
`market as global growth hits 90% for 2020,”
`9to5Mac, Jan. 27, 2021
`(https://9to5mac.com/2021/01/27/airpods-dominate-
`wireless-headphone-market/) (last accessed Sept. 15,
`2021)
`
`- 4 -
`
`X
`
`X
`
`X
`
`X
`
`X
`
`X
`
`

`

`
`
`Exhibit
`
`Description
`
`IPR2021-00592
`
`Previously
`Submitted
`
`KOSS-2041 Sept/Oct 2021 Email chain with Board re Filing
`Motion
`
`KOSS-2042
`
`Exhibit APPLE-1003 of IPR2021-00600,
`Declaration of Dr. Jeremy Cooperstock, March 7,
`2021
`
`KOSS-2043 U.S. Patent 10,298,451 B1
`
`KOSS-2044
`
`McGill University Major Computer Science
`Program Requirements (www.mcgill.ca/study/2021-
`2022/faculties/science/undergraduate/programs/bach
`elor-science-bsc-major-computer-science) (last
`accessed Oct. 27, 2021)
`KOSS-2045 Deposition Transcript, Prof. Jeremy Cooperstock,
`Ph.D., IPR2021-00592, November 5, 2021
`
`KOSS-2046 Declaration of Joseph C. McAlexander, III
`
`KOSS-2047
`
`Exhibit APPLE-1003 of IPR2021-00546,
`Declaration of Dr. Jeremy Cooperstock, Feb. 22,
`2021
`
`KOSS-2048
`
`Exhibit APPLE-1003 of IPR2021-00626,
`Declaration of Dr. Jeremy Cooperstock, Mar. 15,
`2021
`KOSS-2049 Deposition Transcript, Prof. Jeremy Cooperstock,
`Ph.D., IPR2021-00592, April 22, 2022
`
`KOSS-2050
`
`KOSS-2051
`
`Apple Inc. v. Koss Corp., IPR2021-00546, Paper 2,
`Petition for Inter Partes Review against Patent No.
`10,206,025, February 22, 2021
`
`Apple Inc. v. Koss Corp., IPR2021-00626, Paper 3,
`Petition for Inter Partes Review against Patent No.
`10,206,025, March 17, 2021
`
`- 5 -
`
`X
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`X
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`X
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`X
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`X
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`X
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`X
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`X
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`X
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`X
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`X
`
`

`

`
`
`
`
`Exhibit
`
`Description
`
`KOSS-2052 Patent Owner’s Demonstratives for Oral Hearing
`
`KOSS-2053 Confidential Settlement Agreement
`
`KOSS-2054 Exhibit A to Settlement Agreement
`
`
`
`
`IPR2021-00592
`
`Previously
`Submitted
`X
`
`X
`
`
`
`- 6 -
`
`

`

`IPR2021-00592
`
`
`
`
`
`
`
`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
`
`
`Dated: August 1, 2022
`
`
`
`
`
`
`- 7 -
`
`

`

`
`
`CERTIFICATION OF SERVICE
`
`IPR2021-00592
`
`I hereby certify that on August 1, 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 address:
`
`Jennie Hartjes
`Michael Pieja
`Doug Winnard
`Goldman Ismail Tomaselli Brennan & Baum LLP
`200 South Wacker Drive, 22nd Floor
`Chicago, IL 60606
`Tel: 312-881-5958
`jhartjes@goldmanismail.com
`mpieja@goldmanismail.com
`dwinnard@goldmanismail.com
`
`W. Karl Renner
`David Holt
`Joel Henry
`Seth Sproul
`Fish & Richardson P.C.
`3200 RBC Plaza
`60 South Sixth Street
`Minneapolis, MN 55402
`Tel: 202-783-5070
`Fax: 877-769-7945
`IPR50095-0018IP1@fr.com
`PTABInbound@fr.com
`axf-ptab@fr.com
`devoto@fr.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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