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UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`
`
`
`APPLE INC.
`Petitioner
`
`v.
`
`GESTURE TECHNOLOGY PARTNERS LLC
`Patent Owner
`___________
`
`
`
`Case No. IPR2021-00922
`U.S. Patent No. 8,553,079
`____________
`
`
`
`PETITIONER’S REQUEST FOR ORAL ARGUMENT
`
`
`
`
`
`
`
`
`
`

`

`Inter Partes Review No. IPR2021-00922
`U.S. Patent No. 8,553,079
`Pursuant to the Board’s November 29, 2021, Scheduling Order (Paper 11),
`
`Petitioner respectfully requests oral argument for the trial currently scheduled on
`
`September 13, 2022. Petitioner requests oral argument for this IPR (IPR2021-00922)
`
`be back-to-back with oral argument for IPR2021-00920 (for which a Request for
`
`Oral Argument will be filed July 25, 2022). Petitioner requests forty-five (45)
`
`minutes of argument for each party. If the Board is allowing in-person hearings,
`
`Petitioner further requests the hearing take place in Denver, Colorado.
`
`Pursuant to 37 C.F.R. § 42.70(a), Petitioner specifies the following issues,
`
`without intent to waive consideration of any issue not requested, to be argued for this
`
`proceeding:
`
`1. Whether Claims 1, 2, 4-14, 17, 19, 21-22, 24-28, and 30 are obvious under
`
`§ 103 over U.S. Patent No. 6,144,366 to Numazaki, et al. (“Numazaki”) in view of the
`
`knowledge of a PHOSITA (“PHOSITA”);
`
`2. Whether Claims 3, 15, and 23 are obvious under § 103 over Numazaki in
`
`view of U.S. Patent No. 5,900,863 to Numazaki (“Numazaki ’365);
`
`3. Whether Claims 16 and 29 are obvious under § 103 over Numazaki in
`
`view of U.S. Patent No. 6,064,354 to DeLuca (“DuLuca”);
`
`4. Whether Claim 18 is obvious under § 103 over Numazaki in view of U.S.
`
`Patent No. 6,008,018 to DeLeeuw, et al. (“DeLeeuw”);
`
`
`
`1
`
`

`

`Inter Partes Review No. IPR2021-00922
`U.S. Patent No. 8,553,079
`5. Whether Claim 20 is obvious under § 103 over Numazaki in view of U.S.
`
`Patent No. 6,191,773 to Maruno, et al. (“Maruno”);
`
`6.
`
`Any claim constructions, unpatentability grounds, or other issues raised in
`
`the Petition or Petitioner Reply, the Patent Owner Preliminary Response, the Patent
`
`Owner Response, the Patent Owner Sur-Reply, or the Board’s Institution Decision;
`
`7.
`
`Any issues regarding motions to exclude or motions to strike that may be
`
`filed or pending; and
`
`8.
`
`Any issues otherwise raised by the Board.
`
`Respectfully submitted,
`
`ERISE IP, P.A.
`
`
`BY: /s/Adam P. Seitz
`Adam P. Seitz, Reg. No. 52,206
`7015 College Blvd., Suite 700
`Overland Park, KS 66211
`P: (913) 777-5600
`F: (913) 777-5601
`adam.seitz@eriseip.com
`Paul R. Hart, Reg. No. 59,646
`5299 DTC Blvd., Ste. 1340
`Greenwood Village, CO 80111
`P: (913) 777-5600
`F: (913) 777-5601
`paul.hart@eriseip.com
`ATTORNEYS FOR PETITIONER
`APPLE INC.
`
`
`2
`
`
`
`
`
`
`
`

`

`Inter Partes Review No. IPR2021-00922
`U.S. Patent No. 8,553,079
`
`
`CERTIFICATE OF SERVICE ON PATENT OWNER
`UNDER 37 C.F.R. § 42.6
`
`Pursuant to 37 C.F.R. § 42.6(e), the undersigned certifies that on July 18,
`
`2022, the foregoing Petitioner’s Request for Oral Argument was served via
`
`electronic filing with the Board and via Electronic Mail on the following
`
`practitioners of record for Patent Owner:
`
`
`Todd E. Landis (tlandis@wsltrial.com)
`John Wittenzellner (johnw@wsltrial.com)
`IPRGTPWSL@wsltrial.com
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`/s/ Adam P. Seitz
`Adam P. Seitz, Reg. No. 52,206
`
`
`
`
`3
`
`
`
`
`
`
`

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