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`_______________________
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`BEFORE THE PATENT TRIAL AND APPEAL BOARD
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`_______________________
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`APPLE INC.,
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`Petitioners
`
`v.
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`RFCYBER CORP.,
`Patent Owner
`
`_______________________
`
`Case No. IPR2022-01239
`Patent No. 10,600,046
`_______________________
`
`
`
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`PETITIONER’S REQUEST FOR ORAL ARGUMENT
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`
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`Inter Partes Case No. IPR2022-01239
`U.S. Patent No. 10,600,046
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`Pursuant to the Board’s January 23, 2023, Scheduling Order (Paper 8),
`
`Petitioner respectfully requests oral argument for the trial currently scheduled on
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`October 24, 2023. Petitioner requests oral argument for this IPR (IPR2022-01239)
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`be combined with oral argument for IPR2022-01256 (for which a Request for Oral
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`Argument is concurrently filed). Because the grounds and arguments differ between
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`the two proceedings, Petitioner requests a total argument time of 90 minutes for each
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`Party. To streamline the consolidated hearing, Petitioner also requests a single set of
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`demonstratives be used for both IPRs.
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`Petitioner proposes holding the hearing virtually. However, if the Board holds
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`an in-person hearing, Petitioner requests that the hearing take place in Alexandria,
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`Virginia.
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`Pursuant to 37 C.F.R. § 42.70(a), Petitioner specifies the following issues,
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`without intent to waive consideration of any issue not requested, to be argued for this
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`proceeding:
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`1. Whether Claims 1-5 and 12-14 are obvious over U.S. Patent Application
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`Publication No. 2011/0251892 to Laracey (“Laracey”) in view of Japanese Patent No.
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`4901053 to Makoto Jogu (“Jogu”);
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`2. Whether claim 17 is obvious over Laracey in view of Jogu in further view
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`of PCT Publication No. 2009/116954 to Tang (“Tang”);
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`
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`1
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`
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`Inter Partes Case No. IPR2022-01239
`U.S. Patent No. 10,600,046
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`3. Whether claim 18 is obvious over Laracey in view of Jogu in further view
`
`of U.S. Patent No. 9,916,581 to Dorsey, et al. (“Dorsey”);
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`4.
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`5.
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`Any claim constructions raised in any papers filed in the proceeding;
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`Any issues specified in the Patent Owner Preliminary Response, Patent
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`Owner Response, or Patent Owner Sur-Reply;
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`6.
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`7.
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`Any issues specified in the Petitioner’s Reply; and
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`Any issues otherwise raised by the Board.
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`
`Date: September 8, 2023
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`Respectfully submitted,
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`
`
`
`
`
`BY: /s/ Paul R. Hart
`
`
`Paul R. Hart, Reg. No. 59,646
`
`
`COUNSEL FOR PETITIONER
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`2
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`Inter Partes Case No. IPR2022-01239
`U.S. Patent No. 10,600,046
`
`
`CERTIFICATE OF SERVICE ON PATENT OWNER
`UNDER 37 C.F.R. § 42.105(a)
`
`Pursuant to 37 C.F.R. §§ 42.6(e) and 42.105(b), the undersigned certifies that
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`on September 8, 2023, a complete and entire copy of this Petitioner’s Request for
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`Oral Argument was served via electronic filing with the Board and via Electronic
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`Mail on the following practitioners of record for Patent Owner:
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`Vincent J. Rubino, III (vrubino@fabricantllp.com)
`Peter Lambrianakos (plambrianakos@fabricantllp.com)
`Alfred R. Fabricant (ffabricant@fabricantllp.com)
`Enrique W. Iturralde (eiturralde@fabricantllp.com)
`Richard Cowell (rcowell@fabricantllp.com)
`FABRICANT LLP
`411 Theodore Fremd Avenue,
`Suite 206 South
`Rye, New York 10580
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`BY: /s/ Paul R. Hart
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`Paul R. Hart, Reg. No. 59,646
`
`ATTORNEY FOR PETITIONER
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`3
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