UNITED STATES PATENT AND TRADEMARK OFFICE
`
`BEFORE THE PATENT AND APPEAL BOARD
`
`SYMANTEC CORP.
`
`Petitioner
`v.
`
`FIN]AN, INC.
`Patent Owner
`
`Case IPR2015--0l892
`
`' U.S. Patent No. 8,677,494,
`
`Declaration of Joseph Kiegel in Support of
`Petition for Inter Partes Review of U.S. Patent No. 8,677,494
`
`1, Joseph A. Kiegel, declare as follows:
`
`1.
`
`I am employed at
`
`the University of Washington Libraries
`
`(“UWL”) and my current title is Head, Cataloging and Metadata Services. I
`
`have served in this capacity since July 2012 at the UWL. Before that I was
`
`Head, Monographic Services Division, and in the period of May, 1995 to
`
`September, 1998 I was Head of the Cataloging Division at the UWL.
`
`I have
`
`worked for the UWL for almost 32 years. A I am more than twenty—one years
`
`of age, and I make this declaration based on my own personal knowledge,
`
`000001
`
`=
`
`Symantec 1041
`|PR2015—O1892
`
`P§,ym:%nte9l,y;_EJ,nJan
`
`000001
`
`Symantec 1041
`IPR2015-01892
`Symantec v. Finjan
`
`
`
`BEFORE THE PATENT AND APPEAL BOARD
`
`SYMANTEC CORP.
`
`Petitioner
`v.
`
`FIN]AN, INC.
`Patent Owner
`
`Case IPR2015--0l892
`
`' U.S. Patent No. 8,677,494,
`
`Declaration of Joseph Kiegel in Support of
`Petition for Inter Partes Review of U.S. Patent No. 8,677,494
`
`1, Joseph A. Kiegel, declare as follows:
`
`1.
`
`I am employed at
`
`the University of Washington Libraries
`
`(“UWL”) and my current title is Head, Cataloging and Metadata Services. I
`
`have served in this capacity since July 2012 at the UWL. Before that I was
`
`Head, Monographic Services Division, and in the period of May, 1995 to
`
`September, 1998 I was Head of the Cataloging Division at the UWL.
`
`I have
`
`worked for the UWL for almost 32 years. A I am more than twenty—one years
`
`of age, and I make this declaration based on my own personal knowledge,
`
`000001
`
`=
`
`Symantec 1041
`|PR2015—O1892
`
`P§,ym:%nte9l,y;_EJ,nJan
`
`000001
`
`Symantec 1041
`IPR2015-01892
`Symantec v. Finjan
`
`
`
`experience, and belief. If called upon, I can testify competently to the facts
`
`stated in this declaration.
`
`2.
`
`The UWL is the premier academic ‘ library in the Pacific
`
`Northwest. Its mission is to advance intellectual discovery and enrich quality
`
`of life by connecting people with knowledge. The UWL is an Online
`
`Computer Library Center (OCLC) participating institution;
`
`3.
`
`I am fully familiar with UWL cataloging and shelving practices, .
`
`including the ones that would have been followed in, and the period
`
`surrounding, December 1995.
`
`'
`
`4.
`
`Attached hereto as Exhibit Symantec 1026 is a true and correct
`
`copy of the Proceedings of the Fifth International Virus Bulletin Conference,
`
`September 20-22, Boston, MA (the “Virus Bulletin Proceedings,”) which is
`
`held and maintained by the UWL in its Engineering Library.
`
`1 inspected
`
`Syrnantec Exhibit 1026 and verified that it matched and corresponded to the
`
`contents of the Virus Bulletin Proceedings which is held and maintained by
`
`the UWL.
`
`5.
`
`To the best of my knowledge, in or about December 1995, titles
`
`that were acquired by the UWL, including the Virus Bulletin Proceedings,
`
`were cataloged in the main library in my department. This includes creating
`
`OOOOO2
`
`000002
`
`
`
`a MARC record for a particular title in OCLC and transferring that record to
`
`the UWL computer catalog" system. Titles that were catalogued by the UWL
`
`main library, including the Virus Bulletin Proceedings, were subsequently
`
`prepared for shelving "(including a call number label and a property stamp in
`
`black ink reading “University of "Washington Libraries”) and sent to‘ the
`
`holding library where they are shelved. With respect to the Virus Bulletin
`
`Proceedings, the holding library is the Engineering Library which is a branch
`
`' of the UWL. At that time, the Engineering Library had a practice of date
`
`stamping materials upon receipt from the main library. A date stamp of
`
`December 9, 1995 appears on the table of contents of the Virus Bulletin
`
`Proceedings (applied in blue ink over the property stamp), as can be seen
`
`from Exhibit Symantec 1026 and from the Virus Bulletin Proceedings title
`
`‘ held and maintained by the UWL.
`
`I have specifically discussed the matter of
`
`shelving time with staff in the Engineering Library and been informed that,
`
`at that time, titles were normally shelved within a few days of the date on
`
`that stamp, consistent with normal branch library practice.
`
`6.
`
`In view of the foregoing,
`
`the Virus Bulletin. Proceedings
`
`maintained by the UWL, a true and correct copy of which constitutes Exhibit
`
`Symantec 1026, would have been on the shelf in the Engineering Library
`
`available to the public on or about December 15, 1995.
`
`000003
`
`000003
`
`
`
`t 7.
`
`This is fL11‘lIl’1CI' consistent with the MARC record created by the
`
`UWL, a copy of which is attached as Exhibit Symantec 1011. When a
`
`MARC record is created by the UWL, OCLC automatically supplies the date
`
`of creation of that record.
`
`in this case, the MARC record for the Virus
`
`Bulletin Proceedings which was acquired by the UWL was first created on
`
`December 1, 1995 by a cataloger at the UWL, as evidenced by Exhibit
`
`Symantec 101 1.
`
`8.
`
`Exhibit Symantec
`
`1026 constitutes
`
`a record of
`
`regularly
`
`conducted business activity which was (A) made at or near the time of the
`
`occurrence of the matters set forth by, or from information transmitted by, a
`
`person with knowledge of those matters; (B) kept in the course of the
`
`regularly conducted activity; and (C) made by the regularly conducted
`
`activity as a regular practice.
`
`OOOOO4
`
`000004
`
`
`
`'1\ U1. L).O. 1"d.l.. JNU. 0,UI I,"i'7‘|'
`
`In signing this declaration, I recognize that the declaration will be filed as
`
`evidence in a contested case before the Patent Trial and Appeal Board of the
`United_ States Patent and Trademark Office. I also recognize that {may be
`-subject to cross-examination in the case .and that cross-examination will take
`
`place within the United States. If cross-examination is required of me, I will
`
`appear for cross-examination within the United States during the time allotted '
`
`for cross-examination.
`
`I hereby declare "that all statements made herein of my own knowledge are
`
`true and that all statements made on information and belief are believed to be true;
`
`and further that these statements were made with the knowledge that willful false
`‘ statements and the like so made are punishable by fine or imprisonment, or both,
`
`I under Section 1001 of Title 18 of the United States Code.
`
`Executed on fl /74 l 1015
`
`OOOOO5
`
` L~=
`
`Joseph Kiegel
`
`000005
Accessing this document will incur an additional charge of $.
After purchase, you can access this document again without charge.
Accept $ Charge
Still Working On It
This document is taking longer than usual to download. This can happen if we need to contact the court directly to obtain the document and their servers are running slowly.
Give it another minute or two to complete, and then try the refresh button.
A few More Minutes ... Still Working
It can take up to 5 minutes for us to download a document if the court servers are running slowly.
Thank you for your continued patience.
This document could not be displayed.
We could not find this document within its docket. Please go back to the docket page and check the link. If that does not work, go back to the docket and refresh it to pull the newest information.
Your account does not support viewing this document.
You need a Paid Account to view this document. Click here to change your account type.
Your account does not support viewing this document.
Set your membership
status to view this document.
With a Docket Alarm membership, you'll
get a whole lot more, including:
- Up-to-date information for this case.
- Email alerts whenever there is an update.
- Full text search for other cases.
- Get email alerts whenever a new case matches your search.
One Moment Please
The filing “” is large (MB) and is being downloaded.
Please refresh this page in a few minutes to see if the filing has been downloaded. The filing will also be emailed to you when the download completes.
Your document is on its way!
If you do not receive the document in five minutes, contact support at support@docketalarm.com.
Sealed Document
We are unable to display this document, it may be under a court ordered seal.
If you have proper credentials to access the file, you may proceed directly to the court's system using your government issued username and password.
Access Government Site
