UNITED STATES PATENT AND TRADEMARK OFFICE
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`BEFORE THE PATENT TRIAL AND APPEAL BOARD
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`MICROSOFT CORPORATION.
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`Petitioner,
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`v.
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`WINDY CITY INNOVATIONS LLC
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`Patent Owner
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`
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`Patent No. 8,694,657
`Issued: April 8, 2014
`Filed: September 20, 1999
`Inventor: Daniel L. Marks
`Title: REAL TIME COMMUNICATIONS SYSTEM
`____________________
`Inter Partes Review No. IPR2016-01155
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`DECLARATION OF JUDITH S. DONATH
`U.S. PATENT NO. 8,694,657
`________________________
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`Facebook's Exhibit No. 1031
`Page 1
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`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`
`
`
`
`
`
`
`MICROSOFT CORPORATION.
`
`Petitioner,
`
`v.
`
`WINDY CITY INNOVATIONS LLC
`
`Patent Owner
`
`
`
`Patent No. 8,694,657
`Issued: April 8, 2014
`Filed: September 20, 1999
`Inventor: Daniel L. Marks
`Title: REAL TIME COMMUNICATIONS SYSTEM
`____________________
`Inter Partes Review No. IPR2016-01155
`
`DECLARATION OF JUDITH S. DONATH
`U.S. PATENT NO. 8,694,657
`________________________
`
`
`
`
`
`Facebook's Exhibit No. 1031
`Page 1
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`
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`Declaration of Judith S. Donath
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`DECLARATION OF JUDITH S. DONATH
`REGARDING THE PUBLICATION OF “THE SOCIABLE WEB”
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`I, Judith S. Donath, do declare and state:
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`1.
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`I am a citizen of the United States, and reside at 13 Buckingham Street,
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`2.
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`3.
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`Cambridge, MA 02138.
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`The following is based on my personal knowledge.
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`I am currently a fellowship advisor at Harvard University’s Berkman Center
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`for Internet and Society.
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`4.
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`I obtained my Ph.D. in Media Arts and Sciences from the Massachusetts
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`Institute of Technology (“MIT”).
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`5. While a doctoral student at MIT, my research focused on the design of
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`visual and interactive interfaces to online communities. In 1994, while a
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`doctoral student, I co-authored a paper titled “The Sociable Web.”
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`6.
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`Exhibit 1019 is a true and correct copy of the paper “The Sociable Web” that
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`I co-authored in 1994.
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`7.
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`I presented “The Sociable Web” (Exhibit 1019) at the Second World Wide
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`Web Conference ’94: Mosaic and the Web (“Second WWW Conference”).
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`That conference took place from October 17 to October 20, 1994 in
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`Chicago, Illinois. Any interested person could register and attend the
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`conference, and my paper was made available to attendees by the time of the
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`Facebook's Exhibit No. 1031
`Page 2
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`Declaration of Judith S. Donath
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`conference, and was also made available online on the conference’s website
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`by the time of the conference.
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`8.
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`In 1994, the World Wide Web Conference series was a premiere conference
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`for persons interested in the world wide web and the Internet. As such,
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`persons working in those areas would have known about the Second WWW
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`Conference.
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`9.
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`By the time I presented “The Sociable Web” at the Second WWW
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`Conference, I had already made this paper available to the public by posting
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`it on my MIT web page. Around that time, my MIT web page was a popular
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`Internet resource due to its connection to the MIT Media Lab and also due to
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`its popular electronic postcard functionality.
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`10.
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`Exhibit 1019 is a true and correct copy of the Internet Archive
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`WaybackMachine’s copy of
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`http://judith.www.media.mit.edu/SocialWeb/SociableWeb.html. The web
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`address “judith.www.media.mit.edu” was my personal homepage at MIT in
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`the 1994-1995 time frame. I personally authored the SociableWeb.html
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`page and made it available at this URL in 1994. The earliest archived copy
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`that the WaybackMachine has for this URL is January 11, 1998, which can
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`be found at the following hyperlink:
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`https://web.archive.org/web/19980111061831/http:/judith.www.media.mit.e
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`2
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`Facebook's Exhibit No. 1031
`Page 3
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`Declaration of Judith S. Donath
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`du/SocialWeb/SociableWeb.html. Based on my review, I believe that this
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`archived copy is identical to the page I posted in 1994. I have no
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`recollection of making any changes to the page between 1994 and the end of
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`1998.
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`11. Attached as Exhibit 1020 are true and correct copies of email messages that I
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`received from various member of the public between January and March of
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`1995 related to “The Sociable Web.” These emails have been in my
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`possession since I first received them at the date indicated on each email.
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`These emails confirm my recollection that The Sociable Web (Ex. 1019)
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`was publicly available by late 1994. For example, the email from Jerry
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`Maddox, dated November 15, 1994, inquires about The Sociable Web and
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`mentions the “presentation [he] read from the WWW conference in
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`Chicago,” confirming both that members of the public had access to The
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`Sociable Web as of November 1994 and that the WWW Conference where I
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`presented The Sociable Web was prior to November 1994. Ex. 1020 at 9.
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`Likewise, the email from Micha Reisel, dated January 19, 1995, refers to
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`The Sociable Web as well as the URL to which I posted the paper
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`(http://judith.www.media.mit.edu/SocialWeb/SociableWeb.html). Ex. 1020
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`at 10.
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`3
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`Facebook's Exhibit No. 1031
`Page 4
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`Declaration of Judith S. Donath
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`12. Attached as Exhibit 1021 is a copy of the cover pages and table of contents
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`of the “The Second International WWW Conference ’94 Mosaic and the
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`Web Advance Proceedings Volume I.” The information within Exhibit 1019
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`is consistent with and confirms my recollection that the Second WWW
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`Conference was held on October 17-20, 1994, that all conference papers
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`were available on the intemet at the conference’s home page, and that I
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`presented The Social Web at that conference. Ex. 1021 at iii, ix.
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`Thus, by at least October 20, 1994, The Sociable Web (Exhibit 1019) had
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`been made available to the public at least by way of the Second WWW
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`Conference, and by publication on my MIT web page.
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`I do hereby declare and state, that all statements made herein of my own
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`knowledge are true and that all statements made on information and belief are
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`believed to be true; and fiirther that these statements were made with the
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`knowledge that willful false statements and the like so made are punishable by fine
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`or imprisonment, under Section 1001 of Title 18 of the United States Code.
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`Executed on: June 2, 2016
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`Judith S. Donath
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`Facebook's Exhibit No. 1031
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`Facebook's Exhibit No. 1031
`Page 5
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