`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`TWITTER, INC.
`Petitioner
`
`v.
`
`YOUTOO TECHNOLOGIES, LLC
`Patent Owner
`
`U.S. Patent No. 8,601,506
`Issued: Dec. 3, 2013
`Application No.: 13/571,476
`Filed: Aug. 10, 2012
`Title: Content Creation and Distribution System
`
`DECLARATION OF ERIC PEPPER
`
`DECLARATION OF ERIC PEPPER
`
`Page 1
`
`
`
`I, Eric Pepper, do hereby declare as follows:
`
`1.
`
`I am the Director ofPublications at the Society of Photo-Optical
`
`Instrumentation Engineers, dba SPIE-the international society for optics and
`
`photonics.
`
`2.
`
`I have been employed at SPIE since March 1982, and am personally
`
`familiar with the organization's regular business practices, including the
`
`presentation and publication of papers and journal articles to the interested public.
`
`3.
`
`SPIE maintains the SPIE Digital Library, which is an online
`
`publication platform wherein SPIE publishes papers presented at its professional
`
`conferences in the form of conference proceedings. The paper attached hereto,
`
`labeled Ex. 1006, was published online in the SPIE Digital Library on February
`
`10, 2006, and became publicly available on that date. The full citation for the
`
`paper is Janne Lahti, Marko Palola, Jari Korva, Utz Westermann, Kostas
`
`Pentikousis, and Paavo Pietarila, "A mobile phone-based context-aware video
`
`management application," Proc. SPIE 6074, Multimedia on Mobile Devices II,
`
`607400 (February 10, 2006); doi:10.1117/12.642204;
`
`http://dx.doi.org/10.1117 /12.642204.
`
`4.
`
`The full paper (Ex. 1 006) was available to anyone with a Digital
`
`Library subscription, either via a personal subscription or with access through
`
`DECLARATION OF ERIC PEPPER
`
`Page2
`
`
`
`their institution's subscription to the SPIE Digital Library. It was also available
`
`for purchase by any individual using pay-per-view. Availability was global via the
`
`SPIE Digital Library website at http://SPIEDigitalLibrary.org.
`
`5.
`
`The paper (Ex. 1 006) was also published in the printed proceedings,
`
`which was mailed to conference attendees, libraries with standing orders, and to
`
`anyone who purchased the proceedings over the transom. The printed proceedings
`
`was received from SPIE's printer on February 28, 2006, and was mailed to
`
`recipients on or after that date.
`
`I, Eric Pepper, do hereby declare and state that all statements made herein
`
`are true to the best of my knowledge 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, under Section 1001 of Title 18 ofthe United States
`
`Code.
`
`Dated:
`
`l o ~(L'J.= 2<9 17
`
`DECLARATION OF ERIC PEPPER
`
`Page3
`
`
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