IN THE UNITED STATES DISTRICT COURT

FOR THE WESTERN DISTRICT OF TEXAS 

WACO DIVISION

NEONODE SMARTPHONE LLC.,

Plaintiff, 

v. 

SAMSUNG ELECTRONICS CO. LTD. 

AND SAMSUNG ELECTRONICS 

AMERICA, INC.,

Defendants. 

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Civil Action No. 6:20-cv-00507-ADA 

JURY TRIAL DEMANDED

DECLARATION OF PHILIP J. GRAVES IN SUPPORT OF NEONODE SMARTPHONE 

LLC’S OPPOSITION TO DEFENDANTS’ MOTION TO STAY CASE PENDING 

APPEAL OF INTER PARTES REVIEW FINAL WRITTEN DECISIONS

Case 6:20-cv-00507-ADA Document 67-1 Filed 02/10/23 Page 1 of 4
I, Philip J. Graves, declare as follows:

1. My name is Philip J. Graves. I am a Partner with the law firm of Graves & Shaw

LLP, counsel of record for plaintiff Neonode Smartphone LLC in the above-referenced action. I 

have personal knowledge of the matters set forth below.

2. At the case management conference held in both this case and the Apple case on 

October 23, 2020, Samsung’s counsel requested leave to commence foreign discovery prior to 

the opening of general fact discovery. The Court granted leave to take foreign discovery. 

Similarly, Apple’s counsel asked for leave to take discovery from third party Neonode, Inc. and 

from the sole inventor, Magnus Goertz. The Court granted leave to take this discovery as well. 

3. The parties then commenced discovery on the specified subjects. In response to 

defendants’ discovery requests, NNI and another third party, Soquel Group, produced 778 pages 

of responsive documents to Apple and Samsung on January 26, 2021 and January 28, 2021. 

4. Apple and Samsung deposed two NNI witnesses, Ulf Martensson and Joseph 

Shain, concerning NNI’s organizational structure, assignments and licenses concerning the ‘993 

and ‘879 Patents, and the like on February 2, 2021. These depositions were taken in both the 

Apple and Samsung actions, and Samsung’s counsel actively participated. 

5. Subsequently, the parties commenced efforts to obtain discovery from Magnus 

Goertz, the inventor, and his then-business partner Thomas Eriksson, in Sweden. On April 19, 

2021, Samsung moved for issuance of a Letter of Request pursuant to the Hague Evidence 

Convention, seeking documents from and depositions of Goertz and Eriksson in Sweden. The 

Court granted Samsung’s motion on April 21, 2020. In the meantime, the Court granted similar 

motions that Neonode and Apple had filed in the Apple case. 

Case 6:20-cv-00507-ADA Document 67-1 Filed 02/10/23 Page 2 of 4
6. The parties then pursued discovery of Goertz and Eriksson in the Stockholm 

District Court. On December 22, 2021, the Stockholm District Court issued an order rejecting

the parties’ discovery requests. Neonode appealed the Stockholm District Court’s ruling to the 

Swedish Court of Appeal, which, on March 4, 2022, annulled the lower court’s order and 

ordered that the requested discovery be permitted. 

7. Apple then sought additional discovery from Neonode related to Goertz and 

Eriksson, in response to which Neonode produced an additional 1,108 pages of documents to 

Apple and Samsung on May 5, 2022. 

8. The parties deposed Goertz on June 2, 2022, and Eriksson on June 3, 2022, in 

Stockholm, Sweden. Counsel were permitted to inquire into a broad range of topics, including 

the development of the technology claimed in the ‘879 and ‘993 Patents, the sales and marketing 

of the original N1 and N2 phones incorporating the patented technology that were sold by 

Neonode Sweden AB in the mid-2000s, and the license agreement for the patented technology 

that Samsung entered into with Neonode Sweden AB in 2005. Samsung’s counsel actively 

participated in these depositions. 

9. Exhibit 1 attached hereto is a true and correct copy of a text order entered by the 

Court in this action on December 11, 2020.

10. Exhibit 2 attached hereto is a true and correct copy of an order entered by the 

Court in the action entitled Neonode Smartphone LLC v. Apple Inc., Case No. 6:20-CV-00505-

ADA (“Apple Suit”), on July 19, 2021.

11. Exhibit 3 attached hereto is a true and correct copy of the transcript of a 

scheduling conference held in this action and the coordinated Apple Suit on October 23, 2020.

Case 6:20-cv-00507-ADA Document 67-1 Filed 02/10/23 Page 3 of 4
12. Exhibit 4 attached hereto is a true and correct copy of a text order entered by the 

Court in this action on April 20, 2021. 

13. Exhibit 5 attached hereto is a true and correct copy of a document accessible on 

the website of the United States Court of Appeals for the Federal Circuit, at 

https://cafc.uscourts.gov/wp-content/uploads/reports-stats/appeals/AppealsFY2022.pdf. I printed 

this document from the above-referenced URL on February 9, 2023. 

I declare under penalty of perjury that the foregoing is true and correct. 

Executed on February 10, 2023, in Agoura Hills, California. 

Respectfully submitted,

/s/ Philip J. Graves

Philip J. Graves 

Case 6:20-cv-00507-ADA Document 67-1 Filed 02/10/23 Page 4 of 4