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`____________
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`BEFORE THE PATENT TRIAL AND APPEAL BOARD
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`____________
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`GOOGLE LLC,
`
`Petitioner
`
`v.
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`NEONODE SMARTPHONE LLC,
`
`Patent Owner
`
`____________
`
`Case IPR2021-01041
`U.S. Patent No. 8,095,879
`
`
`
`
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`DECLARATION OF JOSEPH SHAIN
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`
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`
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`Google v. Neonode
`IPR2021-01041 (US 8,095,879)
`Neonode Ex. 2008 - Page 1
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`
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`Declaration of Joseph Shain
`IPR2021-01041
`
`1.
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`2.
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`I, Joseph Shain, declare as follows:
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`I am over 18 years of age and, if I am called upon to do so, I would be
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`competent to do testify as to the matters set forth herein.
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`3.
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`I have been employed by Neonode, Inc. as its Vice President of
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`Intellectual Property from January 1, 2011 through May 31, 2017, and by Neonode
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`Technologies AB as its Vice President of Intellectual Property from June 1, 2017
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`through October 31, 2020, and as its Intellectual Property manager from November
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`1, 2020 to date. Currently, among my job functions is to serve as intellectual
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`property manager and to preform functions related to market intelligence.
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`4.
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`I am personally familiar with the operation of the user interface of the
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`Neonode N1 and N2 phones, having used the phones many times.
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`5.
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`The Neonode N1 and N2 phones were mobile handheld devices that
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`included a memory, a processor and a touch-sensitive display. The memory stored
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`code that, when executed by the processor of the phone, presented a user interface
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`on the touch-sensitive display.
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`6.
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`Both the Neonode N1 and N2 presented three icons in a strip along
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`the lower edge of the display immediately following unlocking of the phone. One
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`of the icons represented the Start Menu, one represented the Keyboard Menu, and
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`the third represented the Tools Menu. Each of the icons consisted of only one
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`option for activating the associated function. Each of the icons were activatable by
`
`1
`
`Google v. Neonode
`IPR2021-01041 (US 8,095,879)
`Neonode Ex. 2008 - Page 2
`
`
`
`Declaration of Joseph Shain
`IPR2021-01041
`
`a gesture in which a thumb or finger touches the icon, and swipes up toward the
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`center of the screen before lifting off of the screen. None of the icons were
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`relocated or duplicated during the swiping gesture.
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`7.
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`I declare under penalty of perjury under the laws of the United
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`States of America that all statements made herein of my knowledge are true, and
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`that all statements made on information and belief are believed to be true, and that
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`these statements were made with the knowledge that willful false statements and
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`the like so made are punishable by fine or imprisonment, or both, under Section
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`1001 of Title 18 of the United States Code.
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`Dated: October 15, 2021
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`________________________________
` Joseph Shain
`
`2
`
`Google v. Neonode
`IPR2021-01041 (US 8,095,879)
`Neonode Ex. 2008 - Page 3
`
`