IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`Linear Technology Corporation
`
`Petitioner
`
`In-Depth Test LLC
`
`Patent Owner
`
`Case No. IPR
`
`Patent No. 6,792,373
`
`PETITIONER DECLARATION OF JENNIFER A. BERMAN
`
`Linear Exhibit 1014
`
`
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`Linear Technology Corporation
`
`Petitioner
`
`In-Depth Test LLC
`
`Patent Owner
`
`Case No. IPR
`
`Patent No. 6,792,373
`
`PETITIONER DECLARATION OF JENNIFER A. BERMAN
`
`Linear Exhibit 1014
`
`
`
`U.S. Patent No. 6,7923 73
`Petitioner Declaration of Jennifer A. Berman
`
`I.
`
`My name is Jennifer A. Berman.
`
`I am a Research Manager at
`
`McDermott Will & Emery (McDermott) in Los Angeles, California.
`
`I provided
`
`support
`
`in this
`
`inter partes review proceeding (“IPR”)
`
`for
`
`the attorneys
`
`representing Linear Technology Corporation. If called upon I would testify as to
`
`the following:
`
`2.
`
`I received my M.S.
`
`in Library and Information Science from the
`
`University of California Los Angeles (UCLA) in 1992.
`
`I trained in the UCLA
`
`library system as part of my curriculum.
`
`3.
`
`Since 1987, I have worked in Various capacities as a librarian. This
`
`work included numerous corporate and law firm library facilities through a
`
`company called Library Management Systems prior and during my graduate work.
`
`Upon receipt of my MS, I have served as Research Manager, and previously
`
`Librarian, at McDermott since November 2, 1992.
`
`4.
`
`During my graduate work,
`
`I was educated by UCLA and trained
`
`(having hands—on experience) in the UCLA library system. This training included
`
`familiarity with the UCLA library system and its procedures for cataloging,
`
`indexing, and shelving library material.
`
`I am familiar with UCLA’s past
`
`procedures prior
`
`to electronic cataloging relating to affixing call number
`
`information to the spine of materials, preparing date due slips, and affixing
`
`prepared date due slips to materials.
`
`1
`
`
`
`U.S. Patent No. 6,792,373
`Petitioner Declaration of Jennifer A. Berman
`
`5.
`
`Prior to moving to an electronic circulation system, it was UCLA’s
`
`Engineering Library’s normal policy to prepare and affix identification to the spine
`
`of a material, where such spine allows the identification to be legible, which
`
`provides the library name in which the material is to be shelved, the call number of
`
`the material, and a bar code associated with the material.
`
`6.
`
`Prior to moving to an electronic circulation system, it was UCLA’s
`
`Engineering Library’s normal policy to prepare a date due slip to be kept with a
`
`specific material. The date due slip includes at least the title, author, and call
`
`number of the material. The date due slip is used to indicate when materials are
`
`due after they have been checked out from the library.
`
`In some instances, the
`
`receipt date of a material is also indicated on the date due slip. The date due slip is
`
`affixed to the last page of a material.
`
`7.
`
`Prior to moving to an electronic circulation system, it was UCLA’s
`
`normal policy to maintain library materials on its shelves and check them out,
`
`including the general public upon receipt of a library card, where the materials
`
`included spine identification and date due slips with the library materials on the
`
`shelves.
`
`8.
`
`On September 23, 2015, I requested retrieval of “Statistical quality
`
`control handbook” by Western Electric Co., Inc. (“Western”) from UCLA’s library
`
`system. Western was delivered to me on September 24, 2015.
`
`2
`
`
`
`U.S. Patent No. 6,792,373
`Petitioner Declaration of Jennifer A. Berman
`
`9.
`
`On September 25, 2015, I confirmed that Western was catalogued in
`
`the UCLA library system using its online Library Catalog Holdings Information
`
`system.
`
`I performed a normal search, consistent with those I was familiar with
`
`during my tenure with the UCLA library system. My search revealed that UCLA
`
`retained the second edition copyrighted 1956 of Western, which was in my
`
`possession. A true and correct copy of the electronic checkout information is
`
`reproduced below.
`
`Author/Name:
`Title?
`
`,
`_
`Edmfm:
`Publishedlmstnbuted:
`Physical DESCFEPWJHI
`
`Holdings Information
`
`Location:
`C3" Numbeti
`Number of items:
`
`Status:
`
`Description:
`Subiecltslt
`
`Record ID:
`
`UCLA Library Catalog Holdings lriormation
`
`I*3z2r;?~: to
`
`Western Electric Company.
`Statistical quality control handbook.
`
`pd ed"
`New York] The Company [1
`xii, 328 p. illus. 27 cm.
`
`SRLF
`T8155 .W52s 1958 [Barcocle:DO003890134}
`1
`
`- Ox
`in-=~.»
`
`13 °f 35
`
`This item
`Detailed R°°°'d
`I Staff MARC View
`- Permallnk to this
`record
`
`Actions
`- Request an Item
`(e.g. Recall. Request from
`SRLF, Purchase)
`I Prim
`- mat
`' Expo?
`- Add to My Bookbag
`
`Checked Out - Due on 10-08-2015
`
`G°°9'e B°°""“
`
`[2d ed_
`Quality control.
`Operations research.
`3578233
`
`10.
`
`Based on my education and experience, I received a true and correct
`
`copy of the second edition of Western. Western is marked with a copyright of
`
`1956.
`
`3
`
`
`
`U.S. Patent No. 6,792,373
`Petitioner Declaration of Jennifer A. Berman
`
`ll. UCLA’s call number is physically affixed to and displayed at Various
`
`locations in Western, including the spine and the date due slip, per UCLA’s past
`
`procedures, as well as on the back cover.
`
`12.
`
`The
`
`interior
`
`front
`
`cover
`
`states
`
`“THE LIBRARY OF THE
`
`UNIVERSITY OF CALIFORNIA LOS ANGELES” and further that it is a “GIFT
`
`OF PUBLISHER.”
`
`13. Date due slips are stacked and affixed to the last page of Western,
`
`which permits review of the circulation records prior to electronic circulation. The
`
`date due slips are in good and legible condition. Two due date slips are reproduced
`
`below.
`
`A n
`”””””"
`
`3,358,“ Electric co. . statistical
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`
`U.S. Patent No. 6,7923 73
`Petitioner Declaration of Jennifer A. Berman
`
`l4.
`
`The date due slips are clearly marked with the call number of the
`
`book. One of the date due slips additionally includes the author and title
`
`information: “Western Electric Co. — Statistical quality control handbook.”
`
`I
`
`physically inspected the date due slips and numerous checkout dates are indicated
`
`in both stamped form and handwritten form, as shown above. The due date slips
`
`include dates during my time with the UCLA library system and it represents the
`
`normal procedures employed at UCLA for checking out materials. The earliest
`
`date of checkout on the shown date due slips above is July 19, 1966, with
`
`additional checkout dates between the years of 1966 and 2005.
`
`15.
`
`Each page of Western was copied and electronically converted to PDF
`
`form at my McDermott office, including the front cover, spine, and the two date
`
`due slips shown above. The electronic copy is marked in this matter as Exhibit
`
`1003.
`
`16.
`
`I attest that Exhibit 1003 is a true and correct electronic copy of the
`
`second edition of Western, which I obtained as detailed above.
`
`17.
`
`I hereby declare under penalty of perjury that the foregoing to be true
`
`and correct.
`
`5
`
`
`
`Executed at Los Angeles, California this 28th day of September 2015.
`
`U.S. Patent No. 6,792,373
`Petitioner Declaration of Jennifer A. Berman
`
`
`ifléimifer A. Berman
`
`6
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