`
`By:
`
`Filed on behalf of:
`Patent Owner Masimo Corporation
`Irfan A. Lateef (Reg. No. 51,922)
`Ted M. Cannon (Reg. No. 55,036)
`Jarom D. Kesler (Reg. No. 57,046)
`Jacob L. Peterson (Reg. No. 65,096)
`Jeremiah S. Helm, Ph.D. (admitted pro hac vice)
`
`
`
`Filed: September 20, 2023
`
`KNOBBE, MARTENS, OLSON & BEAR, LLP
`2040 Main Street, Fourteenth Floor
`Irvine, CA 92614
`Tel.: (949) 760-0404
`Fax: (949) 760-9502
`E-mail:
`AppleIPR127-1@knobbe.com
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`
`
`
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`
`
`
`
`APPLE INC.,
`Petitioner,
`
`v.
`
`MASIMO CORPORATION,
`Patent Owner.
`
`
`
`
`
`
`
`Case IPR2022-01299
`U.S. Patent 7,761,127
`
`
`
`
`
`
`PATENT OWNER REQUEST FOR ORAL ARGUMENT
`
`
`
`
`
`IPR2022-01299
`Apple Inc. v. Masimo Corporation
`Pursuant to 37 C.F.R. § 42.70(a) and the Scheduling Order (Paper 22), Patent
`
`Owner Masimo Corporation requests that the Patent Trial and Appeal Board hear
`
`oral argument on the following issues:
`
`1. Whether Petitioner met its burden to prove that claims 1–30 of the ’127
`
`patent are unpatentable based on the grounds identified in the Petition.
`
`2.
`
`All subsidiary issues relevant to issue no. 1, including, without
`
`limitation, claim construction, objective indicia of non-obviousness, and the weight
`
`and interpretation of evidence.
`
`3.
`
`Any other issues that have, at the time of the oral hearing, been
`
`presented to the Board but not yet resolved, including, without limitation, any
`
`motion to exclude.
`
`Masimo considers 60 minutes of oral argument time per side to be sufficient
`
`for consideration of the issues. Masimo prefers that an in-person oral hearing be
`
`held at the USPTO headquarters in Alexandria.
`
`Respectfully submitted,
`
`KNOBBE, MARTENS, OLSON & BEAR, LLP
`
`/Ted M. Cannon/
`Ted M. Cannon (Reg. No. 55,036)
`
`Attorney for Patent Owner
`Masimo Corporation
`
`
`
`Dated: September 20, 2023
`
`
`
`-1-
`
`
`
`IPR2022-01299
`Apple Inc. v. Masimo Corporation
`CERTIFICATE OF SERVICE
`
`
`
`I hereby certify that, pursuant to 37 C.F.R. § 42.6(e) and with the agreement
`
`of counsel for Petitioner, a true and correct copy of PATENT OWNER REQUEST
`
`FOR ORAL ARGUMENT is being served electronically on September 20, 2023,
`
`to the e-mail addresses shown below:
`
`W. Karl Renner
`Fish & Richardson P.C.
`3200 RBC Plaza
`60 South Sixth Street
`Minneapolis, MN 55402
`Tel: 612-335-5070
`Fax: 612-288-9696
`Email: IPR50095-0046IP1@fr.com
`
`Dated: September 20, 2023
`
`Nicholas Stephens
`Andrew B. Patrick
`Patrick J. King
`3200 RBC Plaza
`60 South Sixth Street
`Minneapolis, MN 55402
`Tel: 202-783-5070
`Fax:877-769-7945
`Email: IPR50095-0046IP1@fr.com
`
`
`
`/Ted M. Cannon/
`Ted M. Cannon (Reg. No. 55,036)
`
`Attorney for Patent Owner
`Masimo Corporation
`
`
`
`-2-
`
`
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