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`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
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`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
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` APPLE INC., SAMSUNG ELECTRONICS CO., LTD.,
` and SAMSUNG ELECTRONICS AMERICA, INC.,
`Petitioner,
`
`
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`v.
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` SMART MOBILE TECHNOLOGIES LLC,
`Patent Owner.
`____________
`
`Case IPR2022-00807
`Patent 9,756,168
`____________
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`PATENT OWNER SMART MOBILE TECHNOLOGIES LLC’S
`REQUEST FOR ORAL ARGUMENT
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`Pursuant to 37 C.F.R. § 42.70 and the Board’s Scheduling Order (Paper 11),
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`Smart Mobile Technologies LLC (“Patent Owner”) respectfully requests oral
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`argument, as currently scheduled for July 24, 2023.
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`Request For Remote Hearing: Patent Owner respectfully requests a remote
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`hearing in this matter.
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`Start-Time For Hearing: Should the Board order a remote hearing, Patent
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`Owner respectfully requests the hearing commence at 1:00 pm Eastern Time
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`(10:00 am Pacific Time) or later in view of the time difference between Virginia
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`and California.
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`Time Allotment: In view of the multiple issues raised, Patent Owner
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`respectfully requests 75 minutes per side for argument.
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`Request For Lead Counsel Not To Attend: Patent Owner respectfully
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`requests the Board’s permission for its lead counsel to not attend oral argument in
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`the interest of preserving costs, as Patent Owner’s lead counsel is not expected to
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`present oral argument.
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`Reservation Of Time: Patent Owner requests an opportunity to reserve sur-
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`rebuttal time to respond to rebuttal arguments by Petitioner, and an opportunity to
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`provide a closing statement. Compare, e.g., Mangrove Partners Master Fund, Ltd.
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`et al. v. VirnetX, Inc., IPR2015-01046/01047, Paper 60, 2 (PTAB June 2, 2016)
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`(“Both parties may reserve some of their argument time for rebuttal, and Patent
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`1
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`Owner will be afforded an opportunity to provide a closing statement along with
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`any rebuttal.”).
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`Issues For Argument: Without waiving any issue not specifically identified,
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`Patent Owner specifies at least the following issues it may discuss at argument:
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`• Issues related to the instituted grounds (i.e., that claims 2-5, 23, and 28 are
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`not obvious over Sainton in view of Baker and Mueller; that claims 25 and
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`34 are not obvious over Sainton in view of Baker, Mueller, and Humpleman;
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`that claim 22 is not obvious over Sainton in view of Baker, Mueller, and
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`Grube; that claims 19 and 20 are not obvious over Sainton in view of Baker,
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`Mueller, and Hsu; that claim 21 is not obvious over Sainton in view of
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`Baker, Mueller, and Camp; and that claim 29 is not obvious over Sainton in
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`view of Baker, Mueller, and Petty), including, for example, claim
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`construction, anticipation, obviousness, motivation to combine, and
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`reasonable expectation of success;
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`• The timeliness of the arguments raised by Petitioner in the proceedings;
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`• Any motion to exclude filed by the parties;
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`• Any other relevant issues raised in papers filed in this proceeding, including
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`issues raised in papers yet to be filed; and
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`2
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`• Any other issues that the Board deems necessary for issuing a Final Written
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`Decision, including any questions, rebuttals, or arguments that may arise
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`during the oral argument.
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`The Board’s advance guidance is respectfully solicited as to any questions
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`the Board specifically wishes to be addressed.
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`Equipment: Should the Board order an in-person hearing, Patent Owner
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`requests the ability to use a computer, projector, and screen to display possible
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`demonstratives and exhibits.
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`Respectfully submitted,
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`/Kenneth J. Weatherwax/
`
`
`Kenneth J. Weatherwax, Reg. No. 54,528
`Nathan Lowenstein, pro hac vice
`LOWENSTEIN & WEATHERWAX LLP
`Date: June 13, 2023
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`3
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`CERTIFICATE OF SERVICE
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`The undersigned hereby certifies that the following documents were served
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`by electronic service, by agreement between the parties, on the date below:
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`PATENT OWNER SMART MOBILE TECHNOLOGIES LLC’S
`REQUEST FOR ORAL ARGUMENT
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`The names and address of the parties being served are as follows:
`
`andy.ehmke.ipr@haynesboone.com
`adam.fowles.ipr@haynesboone.com
`samuel.drezdzon.ipr@haynesboone.com
`axf-ptab@fr.com
`jjm@fr.com
`in@fr.com
`spark@fr.com
`
`
`
`Andrew S. Ehmke
`Adam C. Fowles
`Samuel Drezdzon
`W. Karl Renner
`Jeremy J. Monaldo
`Hyun Jin In
`Sangki Park
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`Respectfully submitted,
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`/ Keith Moore /
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`Date: June 13, 2023
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