`
`By:
`
`On behalf of:
`Patent Owner Masimo Corporation
`Joseph R. Re (Reg. No. 31,291)
`Jarom D. Kesler (Reg. No. 57,046)
`Stephen W. Larson (Reg. No. 69,133)
`Jacob L. Peterson (Reg. No. 65,096)
`KNOBBE, MARTENS, OLSON & BEAR, LLP
`2040 Main Street, 14th Floor
`Irvine, CA 92614
`Tel.: (949) 760-0404
`E-mail: AppleIPR2021-0208-266@knobbe.com
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`
`
`
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`
`
`
`
`APPLE INC.
`Petitioner,
`
`v.
`
`MASIMO CORPORATION,
`Patent Owner.
`
`
`
`
`
`
`
`IPR2021-00208
`Patent 10,258,266
`
`
`
`
`
`PATENT OWNER MASIMO REQUEST FOR ORAL ARGUMENT
`
`
`
`
`
`
`IPR2021-00208 – Patent 10,258,266
`Apple v. Masimo
`
`Pursuant to 37 C.F.R. §42.70(a) and the Scheduling Order (Paper 8), Patent
`
`Owner Masimo Corporation (“Patent Owner”) respectfully requests that the Board
`
`hear oral argument on the instituted grounds in IPR2021-00208 involving U.S.
`
`Patent 10,258,266.
`
`The Board scheduled oral argument for March 15, 2022, in this IPR
`
`proceeding and three other related Apple v. Masimo IPR proceedings. The four
`
`related IPR proceedings and their involved patents are:
`
`
`
`
`
`
`
`
`
`IPR2021-00193 (Patent 10,299,708)
`
`IPR2021-00195 (Patent 10,376,190)
`
`IPR2021-00208 (Patent 10,258,266)
`
`IPR2021-00209 (Patent 10,376,191)
`
`Given the extensive overlap in these four related IPR proceedings, including
`
`Petitioner’s asserted art and the parties’ arguments, Patent Owner requests that the
`
`Board hold a consolidated oral argument. Patent Owner respectfully requests that
`
`each party be allotted sixty (60) minutes for this consolidated oral argument.
`
`Patent Owner anticipates that five (5) individuals will attend the oral
`
`argument on its behalf.
`
`
`
`
`
`-1-
`
`
`
`IPR2021-00208 – Patent 10,258,266
`Apple v. Masimo
`
`Dated: January 24, 2022
`
`Respectfully submitted,
`
`KNOBBE, MARTENS, OLSON & BEAR, LLP
`
`By: /Jacob L. Peterson/
`Joseph R. Re (Reg. No. 31,291)
`Jarom D. Kesler (Reg. No. 57,046)
`Stephen W. Larson (Reg. No. 69,133)
`Jacob L. Peterson (Reg. No. 65,096)
`Customer No. 64,735
`
`Attorneys for Patent Owner
`Masimo Corporation
`
`
`
`-2-
`
`
`
`IPR2021-00208 – Patent 10,258,266
`Apple v. Masimo
`
`
`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
`
`MASIMO REQUEST FOR ORAL ARGUMENT is being served electronically
`
`on January 24, 2022, to the e-mail addresses shown below:
`
`W. Karl Renner
`Hyun Jin In
`Dan Smith
`Andrew B. Patrick
`Fish & Richardson P.C.
`3200 RBC Plaza
`60 South Sixth Street
`Minneapolis, MN 55402
`IPR50095-0007IP1@fr.com
`PTABInbound@fr.com
`in@fr.com
`
`By: /Jacob L. Peterson/
`Joseph R. Re (Reg. No. 31,291)
`Jarom D. Kesler (Reg. No. 57,046)
`Stephen W. Larson (Reg. No. 69,133)
`Jacob L. Peterson (Reg. No. 65,096)
`Attorneys for Patent Owner
`Masimo Corporation
`
`
`
`Dated: January 24, 2022
`
`
`
`54969487
`
`
`
`
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