DECLARATION OF JODI L. GREGORY
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`I, Jodi L. Gregory, declare as follows:
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`1.
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`I am over the age of 21 and otherwise competent to make this
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`declaration. I have personal knowledge regarding the facts contained herein.
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`2.
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`I am the founder and President of Access Information Services, Inc.,
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`which provides customized business research and analyses. I have been the owner
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`there since 1988. My duties include research and analysis, and I conduct
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`workshops on Internet research. I am regularly engaged by a wide variety of
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`companies to conduct research regarding the availability of scientific literature. In
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`the year 2014, Access Information Services Inc. merged with Seek Information
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`Services, an intellectual property research firm, and began doing business as Seek
`
`Services.
`
`3,
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`From 1989 to 1994,
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`I was also Manager of the Information &
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`Analysis Center with UESInc., a research, development, and technology creation
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`and transfer company. My work duties there included creating and managing a
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`centralized information resource center, managing research on over 200 companies
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`and their competitors, and acquiring online databases, end-user tools, collection
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`development systems, and database management systems.
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`Page | of 7
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`GOOGLE EXHIBIT 1044
`Google LLC v. Blackberry Ltd.
`IPR2017-01620
`
`GOOGLE EXHIBIT 1044
`Google LLC v. Blackberry Ltd.
`IPR2017-01620
`
`Page 1 of 7
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`
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`I, Jodi L. Gregory, declare as follows:
`
`1.
`
`I am over the age of 21 and otherwise competent to make this
`
`declaration. I have personal knowledge regarding the facts contained herein.
`
`2.
`
`I am the founder and President of Access Information Services, Inc.,
`
`which provides customized business research and analyses. I have been the owner
`
`there since 1988. My duties include research and analysis, and I conduct
`
`workshops on Internet research. I am regularly engaged by a wide variety of
`
`companies to conduct research regarding the availability of scientific literature. In
`
`the year 2014, Access Information Services Inc. merged with Seek Information
`
`Services, an intellectual property research firm, and began doing business as Seek
`
`Services.
`
`3,
`
`From 1989 to 1994,
`
`I was also Manager of the Information &
`
`Analysis Center with UESInc., a research, development, and technology creation
`
`and transfer company. My work duties there included creating and managing a
`
`centralized information resource center, managing research on over 200 companies
`
`and their competitors, and acquiring online databases, end-user tools, collection
`
`development systems, and database management systems.
`
`Page | of 7
`
`GOOGLE EXHIBIT 1044
`Google LLC v. Blackberry Ltd.
`IPR2017-01620
`
`GOOGLE EXHIBIT 1044
`Google LLC v. Blackberry Ltd.
`IPR2017-01620
`
`Page 1 of 7
`
`
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`4.
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`I have served on the Association of Independent
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`Information
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`Professionals’ Board of Directors, and I have held the positions of President-Elect
`
`and President of the Association.
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`5.
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`A true and correct copy of my Curriculum Vitae is attached hereto as
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`AttachmentA.
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`6.
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`I have been asked to provide an opinion regarding the public
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`availability of the book identified as Exhibit 1016 to Google LLC’s Petitions for
`
`Inter Partes Review of U.S. Patent No. 8,489,868 in IPR2017-01619 and
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`IPR2017-01620. For the reasons detailed below in paragraphs 7-15, based on my
`
`review of Exhibit 1016 and myresearch, it is my opinion that the book identified
`
`as Exhibit 1016 was publicly available before September 21, 2000, so that
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`interested members of the public could have obtained the book with reasonable
`
`diligence if they so desired.
`
`7.
`
`Based on myreview of Exhibit 1016 and my research, Exhibit 1016 is
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`an excerpt of a true and accurate copy of Gong, Li, “Inside Java 2 Platform
`
`Security Architecture: Cryptography, APIs, and Implementation” (hereinafter,
`
`“Gong”), obtained from the North Carolina State University Libraries (hereinafter,
`
`“NCSU Libraries”). The online cataloguing information provided by the NCSU
`
`Libraries for Gong is marked as Exhibit 1038, and reflects the same,title, author,
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`Page 2 of 7
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`Page 2 of 7
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`
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`call number(i.e., QA76.73 .J38 G65 1999), and ISBN (i.e., 0201310007) as shown
`
`in Exhibit 1016.
`
`8.
`
`As shown on page 4 of Exhibit 1016, Gong includes a stamped date
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`due card. Each stamp on the date due card indicates that Gong was borrowed from
`
`the NCSU Libraries by a patron and was expected to be returned by the date
`
`stamped on the card. This is shown onthecarditself, which states that the “bookis
`
`due on the date indicated,” and is consistent with the well-known and common
`
`practice of libraries at
`
`the time that used a manual system for allowing the
`
`borrowing of items from their collections. The earliest stamped due date on the
`
`card on page 4 of Exhibit 1016 indicates that Gong was checked out from the
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`NCSULibraries on or before February 8, 2000.
`
`9.
`
`In response to my inquiry to the NCSU Libraries, a librarian at the
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`NCSULibraries confirmed that its copy of Gong identified as Exhibit 1016 was
`
`date stamped on the cover page upon borrowing with dates on which the book was
`
`to be returned to the NCSU Libraries, indicating that Gong was publicly available
`
`on or before those dates at the NCSU Libraries.
`
`10. As indicated by Exhibit 1039, Gong was available for purchase online
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`no later than November 14, 1999, via the website Amazon.com. Exhibit 1039 is a
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`true and accurate copy of a printout of the HTML file captured on November14,
`
`1999, using the Internet Archive’s Wayback Machine service for the URL (ie.,
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`Page 3 of 7
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`Page 3 of 7
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`
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`Uniform Resource Locator, colloquially termed a web address) to purchase Gong
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`from Amazon.com.
`
`11.
`
`The Wayback Machineis an archive of information obtained from the
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`World Wide Web that is created and maintained by the Internet Archive, a non-
`
`profit organization. The Wayback Machine enables a user to access archived
`
`versions of a web page over a period of time. To accomplish this, the Wayback
`
`Machine captures “snapshots” of publicly accessible web pages on the Internet—
`
`preserving these web pages as they existed on the Internet at the point of time of
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`capture. A user can supply a URL of a desired web page to the Wayback
`
`Machine’s website interface and the user will be presented with a list of dates upon
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`which the web page was archived. The user can click one of the listed dates to
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`access and view the web pageasit existed on the selected date. Each archived web
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`page is assigned a distinct URL that includes the original web page URL as well as
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`a date code, which is a list of numbers in the format of “yyyymmddhhmmss”(..e.,
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`year, month, day, hour, minute, second). The date code indicates, down to the
`
`second, when the archived web page was captured. The foregoing is based on my
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`knowledge and years of experience using the Wayback Machine.
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`12.
`
`A search of the Internet Archive’s Wayback Machine shows that
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`Gong waspublicly available for purchase online at least as early as November14,
`
`1999. For example, an archived version of the Amazon.com webpage for
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`Page 4 of 7
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`Page 4 of 7
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`
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`purchasing
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`Gong
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`is
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`available
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`at
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`the
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`URL:
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`https://web.archive.org/web/19991114194120/http://www.amazon.com/exec/obido
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`s/ASIN/0201310007/ (see Exhibit 1039). The date code embedded in this URL
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`indicates that the webpage was captured by the Wayback Machine on November
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`14, 1999, at 7:41 p.m. and 20 seconds.
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`13. Accordingly, as explained above, an interested party could have
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`purchased Gong byat least November 14, 1999, by browsing to the Amazon.com
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`webpage
`
`at
`
`the
`
`publicly
`
`accessible
`
`URL
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`https://web.archive.org/web/19991114194120/http://www.amazon.com/exec/obido
`
`s/ASIN/0201310007/.
`
`14.
`
`Exhibit 1040 is a true and accurate copy of a webpage belonging to
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`Addison-Wesley (the publisher of Gong) that was captured by Internet Archive’s
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`Wayback Machine on January 15, 2000. The webpage discusses an online chat
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`with Li Gong (the author of Gong) held on September 30, 1999, to discuss Java
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`Security and Gong. The archived version of the webpageis available at the URL:
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`https://web.archive.org/web/200001 15 153655/http:/www.awl.com:80/cseng/author
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`s/chats/septemberchats.shtml (see Exhibit 1040). The date code embeddedin this
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`URL indicates that
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`the webpage was captured by the Wayback Machine on
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`January 15, 2000, at 3:36 p.m. and 55 seconds.
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`Page 5 of 7
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`Page 5 of 7
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`15. As
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`indicated by Exhibit 1041
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`(annotated to highlight
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`relevant
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`publications), Gong wascited by various publications prior to September 21, 2000.
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`Exhibit 1041 is a true and accurate copy of a printout of the HTMLfile accessible
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`at the following URL: https://dl.acm.org/citation.cfm?id=3 10688&preflayout=flat.
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`The URL is a webpage of the Association for Computing Machinery’s Digital
`
`Library that provides a list of publications that cite Gong. As indicated by the
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`annotations in Exhibit 1041, Gong wascited by publications from December 1999
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`(Exhibit 1042) and September 2000 (Exhibit 1043).
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`16. While I am being compensated at the rate of $125 per hour for my
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`services in this matter,
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`I have no interest
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`in the proceedings to which this
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`declaration pertains.
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`17.
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`I declare that all statements made herein of my knowledgeare true,
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`and that all statements made on information and belief are believed to be true, and
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`that these statements were made with the knowledge that willful false statements
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`and the like so made are punishable by fine or imprisonment, or both, under
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`Section 1001 of Title 18 of the United States Code.
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`Page 6 of 7
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`Page 6 of 7
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`
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`I declare under penalty of perjury under the laws of the United States of
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`Americathat the foregoing is true and correct.
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`ExecutedonJanuary24,2018
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`di K. fh Ge
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`di L. Gregory
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`Page 7 of 7
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`Page 7 of 7
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