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`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`GOOGLE LLC,
`Petitioner,
`
`v.
`
`NEONODE SMARTPHONE LLC,
`Patent Owner,
`____________
`
`Case IPR2021-01041
`Patent 8,095,879
`____________
`
`PATENT OWNER’S UNOPPOSED MOTION FOR
`ENTRY OF PROPOSED PROTECTIVE ORDER,
`SEALING OF PATENT OWNER RESPONSE AND EXHIBITS 2014, 2055,
`AND EXPUNGING EXHIBIT 2011
`
`
`
`
`
`
`
`
`
`
`EXHIBIT LIST
`
`2001
`
`Declaration of Craig Rosenberg, Ph.D. [Rosenberg-Decl.]
`
`2002
`
`CV of Craig Rosenberg, Ph.D. [Rosenberg CV]
`
`2003
`
`2004
`
`2005
`
`2006
`
`2007
`
`2008
`
`2009
`
`Mobile Application Distribution Agreement (Android) between
`Google Inc. and Samsung Electronics Co., Ltd. dated January 1,
`2011 [Mobile-Application-Distribution-Agreement]
`
`Complaint (June 8, 2020), in the matter of Neonode Smartphone,
`LLC v. Apple Inc., Dkt. #1, Case No. 6:20-cv-00505, United States
`District Court for the Western District of Texas, Waco Division
`[Neonode-Apple-Complaint]
`
`Declaration of William Stevens in Support of Patent Owner’s
`Preliminary Response [Stevens-Decl.]
`
`Microsoft Press Computer Dictionary, p. 243 (3d ed. 1997)
`[Microsoft-Dictionary]
`
`Declaration of Ulf Martensson in Support of Patent Owner’s
`Preliminary Response [Martensson-Decl.]
`
`Declaration of Joseph Shain in Support of Patent Owner’s
`Preliminary Response [Shain-Decl.]
`
`Declaration of Marcus Backlund in Support of Patent Owner’s
`Preliminary Response [Backlund-Decl.]
`
`2010
`
`Excel Spreadsheet documenting Neonode sales [Neonode-Sales]
`
`2011
`
`2012
`
`Declaration of Per Bystedt in Support of Patent Owner’s
`Preliminary Response
`
`Neonode Confidential Investment Memorandum, Jan.2004
`[Neonode-Investment-Memo]
`
` ii
`
`
`
`
`
`2013
`
`2014
`
`2015
`
`2016
`
`2017
`
`2018
`
`2019
`
`2020
`
`“Pen Computing Magazine: The NeoNode Nl”
`(https://pencomputing.com/WinCE/neonode-nl-review.html last
`accessed October 15, 2021) [Pen-Computing-Magazine-N1-
`Phone-Review]
`
`Research & Development and License Agreement between
`Neonode and Samsung Electronics Co., Ltd., effective July 13,
`2005 [Samsung-License-Agreement]
`
`Defendant Apple Inc.’s Motion to Transfer Venue to the Northern
`District of California, Dkt. #27, Case No. 6:20-cv-00505, United
`States District Court for the Western District of Texas [Motion-to-
`Transfer-Venue]
`
`Apple Inc.’s Petition for Writ of Mandamus, Dkt. #2-1, Case No.
`21-181, United States Court of Appeals for the Federal Circuit
`[Petition-for-Writ-of-Mandamus]
`
`Complaint (June 8, 2020), in the matter of Neonode Smartphone,
`LLC v. Samsung Electronics Co. Ltd., et al., Dkt. #1, Case No.
`6:20- cv-00507, United States District Court for the Western
`District of Texas, Waco Division [Neonode-Samsung-Complaint]
`
`Deposition Transcript of Petitioner’s Expert, Dr. Jacob O.
`Wobbrock, Mar. 25, 2022 [Wobbrock-Depo]
`
`Second Declaration of Craig Rosenberg, Ph.D. [Rosenberg-2nd-
`Decl.]
`
`N2 Advertisement Video (uploaded Oct. 18, 2007) (available at
`https://www.youtube.com/watch?v=Hq3S8Crxf2s) [N2-
`Advertisement-Video]
`
`2021
`
`Reserved
`
`2022
`
`Apple Developer, Human Interface Guidelines, Gestures
`[Gestures]
`
`2023
`
`Bryan M. Wolfe and Rene Ritchie, iPhone 12 and iPhone 12 Pro
`
` iii
`
`
`
`
`
`2024
`
`2025
`
`Tricks: 17 ways to do more, faster!, iMore, Oct. 23, 2020 [iMore-
`Website]
`
`Conrad H. Blickenstorfer, Neonode N2, A New Version Of The
`Phone That Pioneered Touchscreens, Pen Computing Magazine,
`Nov. 4, 2007 [Pen-Computing-Magazine-N2-Phone-Review]
`
`Android Developer, Test Android apps for cars [Test-Android-
`apps-for-cars]
`
`2026
`
`Android Developer, Ice Cream Sandwich [Ice-Cream-Sandwich]
`
`2027
`
`Android Developer, Scroller [Scroller]
`
`2028
`
`Android Developer, Navigation [Navigation]
`
`2029
`
`Apple Developer, Human Interface Guidelines, Terminology
`[Terminology]
`
`2030
`
`U.S. Publication No. 2002/0027549 [Hirshberg]
`
`2031
`
`Bill Hennessy, The Neonode N2, Trend Hunter, Aug. 18, 2008
`[Trend-Hunter-Article]
`
`2032
`
`Trend Hunter, About page [Trend-Hunter-About]
`
`2033
`
`Neonode N1m First Impression [tnkgrl-Media-post]
`
`2034
`
`Tnkgrl About Page [tnkgrl-Media-About]
`
`2035
`
`Hunting The iPhone Killer; Swedish Neonode Generates Buzz For
`Device, RCR Wireless, Apr. 7, 2007 [iPhone-Killer]
`
`2036
`
`Wikipedia, iPhone [Wikipedia-iPhone-Release-Dates]
`
`2037
`
`Wikipedia, Android (operating system) [Wikipedia-Android-
`Operating-System]
`
` iv
`
`
`
`
`
`2038
`
`2039
`
`Neonode the only original, Sep. 13, 2007 (available at
`https://www.youtube.com/watch?v=D9N3H1rSxHk) [User-Video]
`
`Jurek Breuninger PhD Dissertation, Nov. 13, 2019 [PhD-
`Dissertation]
`
`2040
`
`Andreas Hollatz Dissertation, Oct. 2015 [Hollatz-Dissertation]
`
`2041
`
`2042
`
`2043
`
`2044
`
`2045
`
`2046
`
`2047
`
`2048
`
`Neonode N1m review, Jun. 29, 2007 (available at
`https://www.youtube.com/watch?v=Tj-KS2kfIr0) [Neonode N1m
`video-review]
`
`Timothy B. Lee, If Android Is A “Stolen Product,” Then So Was
`The Iphone, Ars Technica, Feb. 23, 2012 [Ars-Technica-Article]
`
`User Online Comments of Neonode N2 Overview [Neonode-
`Comments-2]
`
`User Online Comments of Neonode N2 instructions film
`[Neonode-Comments-1]
`
`User Online Comments of Neonode N2 unbox and review video
`[Neonode-Comments-3]
`
`Euro Dollar Exchange Rate (EUR USD) - Historical Chart
`(available at https://www.macrotrends.net/2548/euro-dollar-
`exchange-rate-historical-chart) [Euro-Dollar-Exchange-Rate]
`
`US Inflation Calculator (available at
`https://www.usinflationcalculator.com/) [Inflation-Calculator]
`
`Smartphone Shipments Declined in the Fourth Quarter But 2021
`Was Still a Growth Year with a 5.7% Increase in Shipments,
`According to IDC, Jan. 27, 2021 (available at
`https://www.idc.com/getdoc.jsp?containerId=prUS48830822)
`[Smartphone-Shipments]
`
`2049
`
`Paperback Oxford English Dictionary, Seventh Edition, p. 273,
`306 (7th ed. 2012) [Oxford-English-Dictionary]
`
` v
`
`
`
`
`
`2050
`
`The American Heritage College Dictionary, p. 520, 579 (3rd ed.
`1997) [The-American-Heritage-College-Dictionary]
`
`2051
`
`U.S. Publication No. 2004/0021643 [Hoshino]
`
`2052
`
`Merriam-Webster’s Collegiate Dictionary, p. 445-446, 495 (10th
`ed. 1993) [Merriam-Webster’s-Collegiate-Dictionary]
`
`2053
`
`Declaration of Parham Hendifar
`
`2054
`
`Second Declaration of Ulf Martensson [Martensson-Decl.]
`
`2055
`
`Refiled Declaration of Per Bystedt [Bystedt-Decl.]
`
`2056
`
`Refiled Declaration of Marcus Backlund [Backlund-Decl.]
`
`2057
`
`Concise Oxford English Dictionary, Revised Tenth Edition, p.
`542, 602 (2002) [Oxford-English-Dictionary]
`
`2058
`
`Redline of Default Protective Order
`
`2059
`
`Joint Proposed Protective Order
`
`2060
`
`Patent Owner’s Response – Public Redacted Copy
`
`2061
`
`Exhibit 2055 – Public Redacted Copy
`
` vi
`
`
`
`
`
`Pursuant to 37 C.F.R. § 42.54 and the Board’s authorization via email dated
`
`April 19, 2022, Patent Owner Neonode Smartphone LLC hereby submits this
`
`motion, that is unopposed by Petitioner Google LLC and also unopposed by
`
`interested third party, Samsung Electronics Co. Ltd., Samsung Electronics
`
`America, Inc. (collectively “Samsung”), to respectfully request that the Board:
`
`(1) Enter the joint proposed protective order filed as Exhibit 2059. A
`
`redline of the Board default protective order compared to the joint
`
`proposed protective order is also filed as Exhibit 2058.
`
`Seal Exhibit 2014 in its entirety;
`
`Seal Patent Owner Response (Paper 29), a public-redacted copy of
`
`(2)
`
`(3)
`
`which is filed as Exhibit 2060;
`
`(4)
`
`Seal Exhibit 2055, a public-redacted copy of which is filed as Exhibit
`
`2061;
`
`(5) Expunge Exhibit 2011, currently filed under seal, on the basis that the
`
`as-filed copy is not fully legible, and is re-filed under seal as Exhibit
`
`2055 in identical form. Exhibit 2011 is not cited, or otherwise relied
`
`upon, in the Patent Owner Response or other documents
`
`accompanying it.
`
`Basis of The Motion. Exhibit 2014 [Samsung-License Agreement] is a
`
`license agreement between Patent Owner Neonode and third-party Samsung. In
`
`
`
`1
`
`
`
`
`
`the co-pending matter, Samsung Elecs. Co. Ltd. et al. v. Neonode Samrtphone LLC,
`
`IPR2021-00145, Paper 53 (Jan. 5, 2022), the Board has held that the Samsung
`
`License Agreement, filed in that matter as Exhibit 2025, is “currently confidential,
`
`and that making any part of it available to the public would cause harm to Samsung
`
`that outweighs the benefit to the public of maintaining a complete and
`
`understandable record.” Id., 5.1 The Board ordered sealing of the Samsung
`
`License Agreement and other documents that reference its terms under the
`
`designation of Attorney-Eyes-Only. Id. In conjunction with its order to seal, the
`
`Board also approved entry of a joint protective order substantially identical to the
`
`joint proposed protective order filed here as Exhibit 2059, except that the joint
`
`protective order here refers to Petitioner Google LLC instead of Petitioner Apple
`
`Inc. to reflect the different Petitioner here. Samsung Elecs. Co. Ltd. et al. v.
`
`Neonode Samrtphone LLC, IPR2021-00145, Paper 52, 3 (Jan. 5, 2022).
`
`In this matter, following the Board’s order in IPR2021-00145 discussed
`
`above, the Parties seek to seal the Samsung License Agreement (Exhibit 2014),
`
`and portions of the Patent Owner Response (Paper 29) and Exhibit 2055 that
`
`
`1 As stated in IPR2021-00145, Paper 32, Patent Owner disagrees that any
`
`part of the Samsung License Agreement is confidential, but has filed this motion
`
`only in light of the Board’s ruling to the contrary.
`
`
`
`2
`
`
`
`
`
`reference its terms. Patent Owner has met and conferred with Petitioner Google
`
`LLC, as well as third party Samsung, and all parties agree to the requested relief in
`
`this motion.
`
`For the foregoing reasons, Patent Owner respectfully requests that the Board
`
`grant its unopposed motion.
`
`
`
`Respectfully submitted,
`____/ Parham Hendifar /_________
`Kenneth J. Weatherwax, Reg. No. 54,528
`Nathan Lowenstein (pro hac vice)
`Parham Hendifar, Reg. No. 71,470
`Lowenstein & Weatherwax LLP
`
`Date: May 6, 2022
`
`
`
`3
`
`
`
`
`
`CERTIFICATE OF SERVICE
`
`The undersigned hereby certifies that the following documents were served
`by electronic service, by agreement between the parties, on the date signed below:
`
`
`
`
`
`
`PATENT OWNER’S UNOPPOSED MOTION FOR
`ENTRY OF PROPOSED PROTECTIVE ORDER,
`SEALING OF PATENT OWNER RESPONSE AND EXHIBITS 2014, 2055,
`AND EXPUNGING EXHIBIT 2011
`
`EXHIBITS 2058-2061
`
`The names and address of the parties being served are as follows:
`
`Erika Harmon Arner
`Kevin D. Rodkey
`Yi Yu
`
`
`
`
`
`
`
`
`
`
`Date: May 6, 2022
`
`
`
`
`
`
`erika.arner@finnegan.com
`kevin.rodkey@finnegan.com
`yi.yu@finnegan.com
`Google-Neonode-IPR@finnegan.com
`
`Respectfully submitted,
`
` / Vinson Lin /
`
`
`
`
`
`
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