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`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`APPLE INC.,
`Petitioner,
`
`v.
`
`SMART MOBILE TECHNOLOGIES LLC,
`Patent Owner.
`____________
`
`Case IPR2022-01222
`Patent 8,982,863 B1
`____________
`
`
`PATENT OWNER’S REQUEST FOR ORAL ARGUMENT
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`
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`Patent Owner Smart Mobile Technologies LLC hereby respectfully requests
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`oral argument in accordance with 37 C.F.R. § 42.70 and pursuant to the Scheduling
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`Order (Paper 12) entered January 31, 2023. Patent Owner proposes one hour per side
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`for this proceeding.
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`Patent Owner requests that the oral argument be held remotely by
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`videoconference, rather than in person, consistent with the Board’s notice that the
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`Board “will only conduct an in-person hearing when requested by all parties.” See
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`https://www.uspto.gov/patents/ptab/hearings. Patent Owner requests the ability to
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`present demonstratives and exhibits to the Board during the videoconference, and
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`the ability to have additional counsel attend the video conference from separate
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`locations.
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`Patent Owner requests an opportunity to reserve sur-rebuttal time to respond
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`to rebuttal arguments by Petitioner, and an opportunity to provide a closing
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`statement. See, e.g., Mangrove Partners Master Fund, Ltd. et al. v. VirnetX, Inc.,
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`IPR2015-01046/01047, Paper 60, 2 (PTAB Jun. 2, 2016) (“Both parties may reserve
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`some of their argument time for rebuttal, and Patent Owner will be afforded an
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`opportunity to provide a closing statement along with any rebuttal.”).
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`In the event that it is conducted in-person, Patent Owner requests permission
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`to use the audio/visual system, including the capability of attaching a laptop to
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`- 1 -
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`
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`present demonstratives, including projector and screen for computer-generated
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`slides, and a document camera/projector.
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`Patent Owner respectfully requests oral argument on the following issues:
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`1.
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`Any issues pertaining to the grounds on which this IPR was instituted.
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`This may include, for example, the level of ordinary skill in the art, claim
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`construction, the absence of elements in the prior art, and reasons/motivations to
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`combine references.
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`2.
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`3.
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`4.
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`5.
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`6.
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`Any issues specified in the Petition.
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`Any issues specified in Patent Owner’s Response.
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`Any issues specified in Petitioner’s Reply.
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`Any issues specified in Patent Owner’s Sur-Reply.
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`Any issues otherwise raised by the Board.
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`
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`- 2 -
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`
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`Dated: September 19, 2023
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`
`
`
`
`
`
`Respectfully Submitted,
`
`/Todd Martin/
`Todd Martin (Reg. No. 78,642)
`SKIERMONT DERBY LLP
`1601 Elm Street, Suite 4400
`Dallas, TX 75201
`P: 214-978-6600/F: 214-978-6621
`Back-Up Counsel for Patent Owner
`
`Rex Hwang (Reg. No. 56,206)
`SKIERMONT DERBY LLP
`633 West 5th Street, Suite 5800
`Los Angeles, CA 90071
`P: 213-788-4500/F: 213-788-4545
`Lead Counsel for Patent Owner
`
`Philip J. Graves (Pro Hac Vice)
`Greer N. Shaw (Pro Hac Vice)
`GRAVES & SHAW LLP
`355 S. Grand Ave., Suite 2450
`Los Angeles, CA 90071
`Tel: (213) 214-5101
`Back-Up Counsel for Patent Owner
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`- 3 -
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`
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`CERTIFICATE OF SERVICE
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`Pursuant to 37 C.F.R. § 42.6(e), I certify that I caused to be served on the
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`counsel for Petitioner a true and correct copy of the foregoing Patent Owner’s
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`Request for Oral Argument, by electronic means on September 19, 2023, by
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`delivering a copy via electronic mail to the attorneys of record for the Petitioner as
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`follows:
`
`Andrew S. Ehmke
`andy.ehmke.ipr@haynesboone.com
`Adam C. Fowles
`adam.fowles.ipr@haynesboone.com
`Samuel Drezdzon
`samuel.drezdzon.ipr@haynesboone.com
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`
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`Dated: September 19, 2023
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`
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`Respectfully Submitted,
`
`/Todd Martin/
`Todd Martin (Reg. No. 78,642)
`Back-Up Counsel for Patent Owner
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`
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