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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 GRAVES IN SUPPORT OF

NEONODE SMARTPHONE LLC’S RESPONSIVE CLAIM CONSTRUCTION BRIEF

I, Philip Graves, declare as follows:

1. I am an attorney with the law firm of Graves & Shaw LLP and counsel for Plaintiff 

Neonode Smartphone LLC (Neonode) in the above-titled action. I make this Declaration in 

support of Neonode’s Response Claim Construction Brief. I have personal, first-hand knowledge 

of the matters set forth below and, if called as a witness, I could and would testify competently 

thereto.

2. Attached hereto as Exhibit 1 is a true and correct copy of United States Patent No. 

8,095,879B2 dated January 10, 2012. 

3. Attached hereto as Exhibit 2 is a true and correct copy of the Declaration of Andy 

Cockburn in Support of Defendants’ Opening Claim Construction Brief dated April 14, 2023.

4. Attached hereto as Exhibit 3 is a true and correct copy of the Final Written Decision 

regarding Samsung Electronics Co. LTD., Samsung Electronics America, Inc. and Apple, Inc. v. 

Neonode Smartphone LLC Cause No. IPR2021-01044.

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5. Attached hereto as Exhibit 4 is a true and correct copy of United States Patent 

Application Publication No. 2002/00227549A1 dated March 7, 2002.

6. Attached hereto as Exhibit 5 is a true and correct copy of the file history of United 

States Patent No. 8,095,879B2 dated January 10, 2012.

7. Attached hereto as Exhibit 6 is a true and correct copy of Patent Owner’s Sur-Reply

filed in IPR2021-01041.

8. Attached hereto as Exhibit 7 is a true and correct copy of the Record of Oral Hearing 

Held October 17, 2022 filed in IPR2021-01041.

9. Attached hereto as Exhibit 8 is a true and correct copy of the Patent Owner’s 

Demonstrative Exhibits filed in IPR2021-01041.

10. Attached hereto as Exhibit 9 is a true and correct copy of excerpts from the Concise 

Oxford English Dictionary Revised Tenth Edition.

11. Attached hereto as Exhibit 10 is a true and correct copy of excerpts from the 

Merriam Webster’s Collegiate Dictionary Tenth Edition. 

12. Attached hereto as Exhibit 11 is a true and correct copy of excerpts from the 

Paperback Oxford English Dictionary.

13. Attached hereto as Exhibit 12 is a true and correct copy of excerpts from The 

American Heritage College Dictionary Third Edition.

14. Attached hereto as Exhibit 13 is a true and correct copy of the Second Declaration 

of Craig Rosenberg, Ph.D. filed in IPR2021-01041.

15. Attached hereto as Exhibit 14 is a true and correct copy of a video entitled 

“Neonode N2 instructions film,” available at https://www.youtube.com/watch?v=Hq3S8Crxf2s,

file dated March 25, 2022.

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16. Attached hereto as Exhibit 15 is a true and correct copy of the Corrected Patent 

Owner Response filed in IPR2021-01044.

17. Attached hereto as Exhibit 16 is a true and correct copy of the Second Declaration 

of Craig Rosenberg, Ph.D. filed in IPR2021-01044. 

18. Attached hereto as Exhibit 17 is a true and correct copy of the Patent Owner’s SurReply filed in IPR2021-01044.

19. Attached hereto as Exhibit 18 is a true and correct copy of the Record of Oral 

Hearing Held September 6, 2022 filed in IPR2021-01044.

20. Attached hereto as Exhibit 19 is a true and correct copy of the Patent Owner’s 

Demonstrative Exhibits filed in IPR2021-01044.

21. Attached hereto as Exhibit 20 is a true and correct copy of excerpts of the deposition 

transcript of Craig Rosenberg, Ph.D. taken in connection with IPR2021-01041.

22. Attached hereto as Exhibit 21 is a true and correct copy of the Final Written 

Decision filed in IPR2021-01041.

23. Attached hereto as Exhibit 22 is a true and correct copy of excerpts of the 

Deposition of Magnus Goertz dated June 2, 2022 taken in connection with in Neonode Smartphone 

LLC v. Apple Inc., Case No. 6:20-cv-00505, and Neonode Smartphone LLC v. Samsung 

Electronics Co. Ltd., et al., Case No. 6:20-cv-00507. 

24. Attached hereto as Exhibit 23 is a true and correct copy of the Petitioner’s Reply to 

Patent Owner’s Response filed in IPR2021-01041.

I declare under penalty of perjury under the laws of the United States of America that the 

foregoing is true and correct.

Executed on May 19, 2023, in Los Angeles, California. 

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/s/ Philip J. Graves

Philip J. Graves

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