VIASAT 1016
`IPR of U.S. Pat. No. 5,960,074
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`IPR of U.S. Pat. No. 5,960,074
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`I.
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`I have been retained by ViaSat, Inc. (“ViaSat” or “Petitioner”) for the
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`above«captioned inter panes review proceeding. I understand that this proceeding
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`involves U.S. Patent No. 5,960,074 (the “U74 patent”) entitled “Mobile Tele-
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`Computer Network For Motion Picture, Television and TV Advertising
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`Production.” I have personal knowledge of the facts set forth herein, and am
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`competent to testify to the same.
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`2.
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`I am currently the Director of Grants and Resource Development for
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`the Colorado Community College System. I am also an Adjunct Professor in the
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`School of Information at San Jose State University. I obtained a Masters of Library
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`Sciences from the University of North Texas in 1972, and a Ph.D. in Library and
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`Information Science from the University of Pittsburgh in 1985.
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`I was first
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`employed as a librarian in 1966, and have been involved in the field of library
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`sciences since, holding numerous positions.
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`3.
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`I have also given over one hundred presentations in the field,
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`including several on library cataloging systems and the “Machine Readable
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`Cataloging” standard (also known as “MARC”). My current research interests
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`include library cataloging systems, metadata, and organization of electronic
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`resources.
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`4.
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`My full curriculum vitae is attached hereto as Exhibit ViaSat 1017.
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`My rate is $300 per hour for my work on these matters. All materials considered in
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`conjunction with this report have been cited herein, including all exhibits attached
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`hereto.
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`5.
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`I am a member of the American Library Association (ALA) and its
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`Association for Library Collections & Technical Services (ALCTS) Division, and I
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`served on the Committee on Cataloging: Resource and Description (which wrote
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`the new cataloging rules) and as the chair of the Committee for Education and
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`Training of Catalogers and the Competencies and Education for a Career in
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`Cataloging Interest Group.
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`I also served as the Chair of the ALCTS Division’s
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`Task Force on Competencies and Education for a Career
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`in Cataloging.
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`Additionally,
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`I have served as the Chair for the ALA Office of Diversity’s
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`Committee on Diversity.
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`6.
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`I am fully familiar with the library cataloging standard known as the
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`“Machine Readable Cataloging” standard, also known as “MARC,” which is an
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`industry—wide standard method of organizing library catalog information. MARC
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`was first developed in the l960’s by the Library of Congress. A MARC-
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`compatible library is one that has a catalog consisting of individual MARC records
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`for each of its works. Today, MARC is the primary communication protocol for
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`the transfer and storage of bibliographic metadata in libraries.
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`7.
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`When an Online Computer Library Center (OCLC) participating
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`institution acquires a work, it creates a MARC record for this work in its computer
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`catalog system and OCLC automatically supplies the date of creation. The MARC
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`record creation date reflects the date on, or shortly after, the item was first acquired
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`and catalogued. Once the MARC record is created by a cataloger at an OCLC
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`participating member institution,
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`it
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`is instantaneously available to any OCLC
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`participating members, and, therefore, available to the public.
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`8.
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`OCLC was created “to establish, maintain and operate a computerized
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`library network and to promote the evolution of library use, of libraries themselves,
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`and of librarianship, and to provide processes and products for the benefit of
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`library users and libraries, including such objectives as increasing availability of
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`library resources to individual library patrons and reducing the rate of rise of
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`library per—unit costs, all for the fundamental public purpose of finthering ease of
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`access to and use of the ever-expanding body of worldwide scientific, literary and
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`educational knowledge and information.”' Among other services, OCLC and its
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`members
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`are
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`responsible
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`for maintaining
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`the WorldCat
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`database
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`(http:/fwww.worldcat.org/), used by independent and institutional
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`libraries
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`throughout the world. OCLC is the international cooperative to which libraries
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`' Third Article, Amended Articles of Incorporation of OCLC Online Computer
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`Library
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`Center,
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`Incorporated
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`(available
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`at
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`http://www.oclc.org/en-
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`US/membershipfcouncilshtml).
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`
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`catalog records and others pay to access MARC records. The MARC records
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`extracted from the OCLC database were generated in the ordinary course of
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`business, and were personally located and downloaded by myself.
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`9.
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`OCLC also provides its members online access to MARC records
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`through its OCLC Connexion database. When an OCLC member institution
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`acquires a work, it creates a MARC record for this work in its computer catalog
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`system in the ordinary course of its business. MARC records created at the Library
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`of Congress are tape-loaded (daily or weekly) into the OCLC database through a
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`subscription to MARC Distribution Services. Once the MARC record is created by
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`a cataloger at an OCLC member institution, or is tape-loaded from the Library of
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`Congress, it is then made available to any other OCLC members online, and,
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`therefore, made available to the public.
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`10. When an OCLC member institution creates a new record, OCLC
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`automatically supplies the date of creation for that record. The MARC record
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`creation date reflects the date on which, or shortly after which, the item was first
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`acquired or cataloged.
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`11.
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`A MARC record comprises several fields, each of which contains
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`specific data about the work. Each field is identified by a standardized, unique,
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`three—digit code corresponding to the type of data that follow. For example, a
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`work’s title is recorded in field 245, the primary author of the work is recorded in
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`field 100, an item’s International Standard Book Number (“iSBN”) is recorded in
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`field 020, an item’s Library of Congress call number is recorded in field 050, and
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`the publication date is recorded in field 260 under the subfield “c.” If a work is a
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`periodical,
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`then its publication frequency is recorded in field 310, and the
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`publication dates (e.g., the first and last publication) are recorded in field 362,
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`which is also referred to as the enumeration/chronology field. The library that
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`created the record is recorded in field 040 in subfield “a” with a unique library
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`c0de.2 \Vhen viewing the MARC record online via Online Computer Library
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`Center’s (“OCLC”) Connexion database, hovering over this code with the mouse
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`reveals the name of the library. I used this method of “mousing over” the library
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`codes in the OCLC database to identify the originating library for all of the MARC
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`records in this declaration.
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`In the MARC records in the OCLC Connexion
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`database, MARC field 040 contains the OCLC symbols of institutions transcribing,
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`creating, and modifying the record.
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`2 For more information about MARC field 040, please refer to
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`http:f/www.oc1c.orgfbibformats/enfflxx/040.htrnl. The symbol
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`in subfield “a”
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`corresponds to the symbol for the institution inputting the original record. For a list
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`of OCLC symbols
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`and their
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`corresponding institutions, please
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`refer
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`to
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`http:/fwww.oclc.org/contactsflibraries.en.html.
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`12-
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`The date of creation for the MARC record appears in the fixed field
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`(008), characters 00 through 05. Field 005 is a 16 digit field that records the Date
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`characters yyyymmdd including 4 for the year, 2 for the month, and 2 for the day.
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`This MARC record date never changes. These dates are automatically supplied by
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`the OCLC system and cannot be changed by the user. When the MARC record is
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`created in OCLC, it is available throughout the world to other libraries and in
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`WorldCat, the public version of OCLC Connexion. Thus, the date of creation of
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`the MARC record by a cataloger at an OCLC member institution reflects when the
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`underlying item is accessible to the public.
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`13. Upwards of two—thirds to three-quarters of book sales to libraries
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`come from a “jobber” or wholesaler for online and print resources. These resellers
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`make it their business to provide books to their customers as fast as possible, often
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`providing turnaround times of only a single day after publication. Libraries
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`purchase a significant portion of the balance of their books directly from publishers
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`themselves, which provide delivery on a similarly expedited schedule. In general,
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`libraries make these purchases throughout the year as the books are published, and
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`shelve the books as soon thereafter as possible in order to make the books available
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`to their patrons. Thus, books are generally available at libraries across the country
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`within just a few days of publication.
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`14. Attached hereto as Exhibit ViaSat 1005 is a true and correct copy of
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`K3’. Eng, at at, “A Wireless Broadband Ad—Hoc ATM Local—Area Networ ”
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`(“Eng Article"), which appeared at pages 161-174 of Wireless Nemrorks vol. 1, no.
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`2 (“Wireless Networks Publication”). The MARC record for
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`the Wireless
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`Networks Publication is attached at Exhibit ViaSat 1018, which record I personally
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`located and obtained from the OCLC Connexion database that is maintained during
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`the ordinary course of business. The MARC record for the Wireless Networks
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`Publication is identified as OCLC record number 32246288, and was first created
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`on April 3, 1995, by a cataloguer at
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`the Southern Illinois University at
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`Edwardsville Library. The Eng Article therefore would have been accessible to the
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`public by at least April 3, 1995.
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`15. Attached hereto as Exhibit ViaSat 1006 are tme and correct copies of
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`selected excerpts from Douglas E. Corner, Interrzenvorking with TCP/IP, Third
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`Edition, Prentice Hall (“Comer”). The MARC record for Comer is attached at
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`Exhibit ViaSat 1019, which record I personally located and obtained from the
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`OCLC Connexion database that
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`is maintained during the ordinary course of
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`business. The MARC record for Comer is identified as OCLC record number
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`32093769 and was first created on February 10, 1995, by a cataloguer at the
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`Library of Congress. Comer therefore would have been accessible to the public by
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`at least February 10, 1995.
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`16. Attached hereto as Exhibit ViaSat 1007 is a true and correct copy of
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`Tim Berners—Lee, er al., “World Wide Web,” Computing in High Energy Physics
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`92, Annecy, France (“Bearers-Lee”) which bears a publication date of September
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`27, 1992. The MARC record for Bemers-Lee is attached as Exhibit ViaSat 1020,
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`which record I personally located and obtained from the OCLC Connexion
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`database that is maintained during the ordinary course of business- The MARC
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`record for Bemers-Lee is identified as OCLC record number 28724490 and was
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`first created on June 1 1, 1993, by a cataloguer at the Library of Congress. Berners~
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`Lee therefore would have been accessible to the public by at least June 1 1, 1993.
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`17. Attached hereto as Exhibit ViaSat 1009 is a true and correct copy of
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`IEEE Standard 802.10 — 1992: IEEE Standards for Local and Metropolitan
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`Networks: Interoperable LANKMAN Security (SILS), which was authored by the
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`IEEE Standards Coordinating Committee of the IEEE Standards Board and which
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`bears a publication date of September 17, 1992. The MARC record for IEEE
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`802.10 is attached as Exhibit ViaSat 1021, which record I personally located and
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`obtained from the OCLC Connexion database that
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`is maintained during the
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`ordinary course of business. The MARC record for IEEE 802.10 is identified as
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`OCLC record number 27873700 and was first created on April 7, 1993, by a
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`cataloguer at
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`the Northwest State Community College Library.
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`IEEE 802.10
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`therefore would have been accessible to the public by at least April 7, 1993.
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`In signing this declaration, I recognize that the declaration will be filed as
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`evidence in a contested case before the Patent Trial and Appeal Board of the
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`United States Patent and Trademark Office.
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`I also recognize that
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`I may be
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`subject to cross-examination in the case, and that cross-examination will take
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`place within the United States. If cross—examination is required of me, I will
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`appear for cross-examination within the United States during the time allotted
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`for cross-examination.
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`I hereby declare that all statements made herein of my own knowledge are
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`true and that all statements made on information and belief are believed to be true;
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`and further that these statements were made with the knowledge that willful false
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`statements and the like so made are punishable by fine or imprisonment, or both,
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`under Section 1001 of Title 18 of the United States Code.
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`Executed on
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`F'~?bFl131’Y 17. 2016
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`at Denver, Colorado
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`Dr. Sylvia Hall—Ellis
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