`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`GOOGLE LLC,
`Petitioners,
`
`v.
`
`NEONODE SMARTPHONE LLC,
`Patent Owner,
`____________
`
`Case IPR2021-01041
`Patent 8,095,879
`
`
`EXHIBIT 2054
`SECOND DECLARATION OF ULF MARTENSSON
`
`
`
`
`
`
`1.
`
`2.
`
`I, Ulf Mårtensson, declare as follows:
`
`I am over 18 years of age and, if I am called upon to do so, I would be
`
`competent to do testify as to the matters set forth herein. I have previously
`
`submitted a first declaration in this matter, filed as Exhibit 2007. In addition to the
`
`information already contained in my first declaration, this second declaration
`
`provides additional information, and corrects a typographical error in my first
`
`declaration.
`
`3.
`
`I have been employed by Neonode as its Director of Manufacturing,
`
`from September 2006 through December 2008, and as its Executive Vice
`
`President, Operations, from September 2012 and ongoing. currently, among my
`
`job functions is to serve as the company’s custodian of records.
`
`4.
`
`Attached hereto are true and correct copies of the following
`
`documents:
`
`EXHIBIT 2010: Excel Spreadsheet documenting Neonode shipments.
`
`EXHIBIT 2014: Research & Development and License Agreement
`
`between Neonode and Samsung Electronics Co., Ltd., effective July
`
`13, 2005.
`
`EXHIBIT 2020: Neonode Promotional Video
`
`5.
`
`I am familiar with Exhibits 2010, 2014 and 2020. These Exhibits are
`
`records that were produced by Neonode officers and employees who at the time
`
`1
`
`
`
`
`
`
`
`had personal knowledge of the matters stated in them. They were intended to be
`
`relied upon by Neonode and third parties, and thus were intended by Neonode to
`
`be accurate and reliable. They were kept by Neonode in the course of regularly
`
`conducted business activity in soliciting investment in the company, and in
`
`marketing, promotion, and sales of Neonode’s products.
`
`6.
`
`I have reviewed Exhibit 2010. Neonode began commercial sales of
`
`the N1 mobile handset in early 2004, it released the N2 in 2007, and sales of the
`
`N1 and N2 ended after Neonode’s mobile handset manufacturing entity filed for
`
`bankruptcy in 2008. The Excel spreadsheet documents sales of 9,640 units of the
`
`Neonode N2 phone. In addition, Neonode sold approximately 8,000 units of N2
`
`phone to a network operator in India. Furthermore, Neonode sold approximately
`
`5,000 units of the N1 phone. So in all, Neonode’s records presently available
`
`document approximately sales of approximately more than 20,000 N1 and N2
`
`phones.
`
`7.
`
`Exhibits 2020 was produced by Neonode as a promotional and
`
`introduction video for the N2 Neonode phone in or around the year 2007. It was
`
`also the N2 mobile phone introduction video posted on Neonode’s website at
`
`www.neonode.com.
`
`8.
`
`I declare under penalty of perjury under the laws of the United States
`
`of America that the foregoing is true and correct, that all statements made herein of
`
`2
`
`
`
`
`
`my knowledge are true, and that all statements made on information and belief are
`
`believed to be true, to the best of my recollection, and that these statements were
`
`made with the knowledge that willful false statements and the like so made are
`
`punishable by fine or imprisonment, or both, under Section 1001 of Title 18 of the
`
`United States Code.
`
`
`
`Dated: __________
`
`
`
`
`
`
`________________________________
`
`Ulf Martensson
`
`3
`
`
`
`
`
`2022-04-21
`
`