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`Filed: August 31, 2022
`
`
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`______________________
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`______________________
`
`GOOGLE LLC,
`
`Petitioner,
`
`v.
`
`NEONODE SMARTPHONE LLC,
`
`Patent Owner.
`
`____________________
`
`Case No. IPR2021-01041
`U.S. Patent No. 8,095,879
`______________________
`
`
`PETITIONER’S REQUEST FOR ORAL HEARING
`
`
`
`
`
`
`

`

`Case IPR2021-01041
`Patent No. 8,095,879
`
`The Board has tentatively scheduled oral hearing for this proceeding for
`
`October 17, 2022. Paper 20 (Scheduling Order) at 11 (DUE DATE 8).
`
`Pursuant to 37 C.F.R. § 42.70(a), Petitioner requests oral hearing on all
`
`instituted grounds of unpatentability, disputed claim constructions, motions to
`
`exclude, and any other issues that may affect the Board’s determinations in this
`
`proceeding. Petitioner also requests oral hearing on any issues raised by Patent
`
`Owner in its Request for Oral Hearing.
`
`Petitioner requests that it and Patent Owner each be allotted 60 minutes of
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`argument time. To the extent the Board schedules the hearing to last less than or
`
`more than 120 minutes of total argument time, however, Petitioner requests that it
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`be given half the length of the hearing to address these issues.
`
`Petitioner further requests the Board to conduct an in-person hearing at the
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`USPTO’s Silicon Valley regional office located at San Jose, California, as indicated
`
`in the Scheduling Order. Paper 20 (Scheduling Order) at 6. Petitioner conferred with
`
`Patent Owner on August 30, 2022, and Patent Owner indicated that it is amenable to
`
`an in-person hearing held at the USPTO’s Silicon Valley regional office.
`
`If the USPTO’s Silicon Valley regional office is not available for the oral
`
`hearing, Petitioner requests that the oral argument take place virtually via remote
`
`video conference.
`
`2
`
`

`

`Case IPR2021-01041
`Patent No. 8,095,879
`
`If an in-person hearing is held at the USPTO’s Silicon Valley regional office,
`
`Petitioner requests that two spaces be reserved for counsel at counsel’s table and
`
`three additional spaces be reserved in the hearing room to accommodate additional
`
`counsel and corporate representatives. Petitioner also requests that two attorneys at
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`Petitioner’s counsel’s table be allowed to use computers. Petitioner also requests
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`permission to use audiovisual display equipment to present demonstratives,
`
`including a projector and screen for computer-generated slides, and a document
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`camera/projector.
`
`Dated: August 31, 2022
`
`
`
`
`
`
`
`
`Respectfully submitted,
`
`By: /Kevin D. Rodkey/
`Kevin D. Rodkey
`Reg. No. 65,506
`
`Counsel for Petitioner
`Google LLC
`
`
`
`3
`
`

`

`CERTIFICATE OF SERVICE
`
`The undersigned hereby certifies that a copy of the foregoing Petitioner’s
`
`Case IPR2021-01041
`Patent No. 8,095,879
`
`
`Request for Oral Hearing was served on August 31, 2022, via e-mail directed to
`
`counsel of record for the Patent Owner at the following:
`
`Philip J. Graves
`pgraves@gravesshaw.com
`
`GRAVES & SHAW LLP
`355 S. Grand Ave., Suite 2450,
`Los Angeles, CA 90071
`
`Kenneth Weatherwax
`weatherwax@lowensteinweatherwax.com
`
`Nathan Lowenstein
`lowenstein@lowensteinweatherwax.com
`
`Parham Hendifar
`hendifar@lowensteinweatherwax.com
`
`Neonode_IPRs@LowensteinWeatherwax.com
`
`LOWENSTEIN & WEATHERWAX LLP
`1016 Pico Blvd,
`Santa Monica, CA 90405
`
`
`
`
`
`
`
`
`
`
`
`
`
`By: /Lisa C. Hines/
`Lisa C. Hines
`Senior Litigation Legal Assistant
`
`
`
`FINNEGAN, HENDERSON, FARABOW,
`GARRETT & DUNNER, LLP
`
`
`
`
`
`Dated: August 31, 2022
`
`
`
`
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`
`
`
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`

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