`
`_______________
`
`
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`_____________
`
`
`
`NetApp, Inc., Rackspace US, Inc.,
`Petitioner
`v.
`Realtime Data LLC
`Patent Owner
`____________
`
`___________
`
`
`
`DECLARATION OF SCOTT BENNETT, Ph.D.
`
`1 May 2017
`
`
`
`1
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`I, Scott Bennett, Ph.D., resident of Urbana, Illinois, hereby declare as
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`follows:
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`Introduction and Qualifications
`
`1.
`
`I have been retained by Morrison & Foerster LLP to provide my
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`opinions concerning the public availability of certain documents at issue in an inter
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`partes review proceeding.
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`2.
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`My curriculum vitae is appended to this document as Appendix A.
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`From 1956 to 1960, I attended Oberlin College, where I received an A.B. in
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`English. I then attended Indiana University, where I received an M.A. in 1966 and
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`a Ph.D. in 1967, both in English. In 1976, I received a M.S. in Library Science
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`from the University of Illinois. I also served at the University of Illinois at
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`Urbana‐Champaign in two capacities. First, from 1967 to 1974, I was an Assistant
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`Professor of English; then from 1974 to 1981, I was successively an Instructor,
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`Assistant Professor, and Associate Professor of Library Science.
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`3.
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`From 1981 to 1989, I served as the Assistant University Librarian for
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`Collection Management, Northwestern University. From 1989 to 1994, I served as
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`the Director of The Milton S. Eisenhower Library at The Johns Hopkins
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`University. From 1994 to 2001, I served as the University Librarian at Yale
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`University. In 2001, I retired from Yale University.
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`4.
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`Since then, I have served in multiple capacities for various
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`organizations, including as a consultant on library space planning from 2004 to the
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`present, as a Senior Advisor for the library program of the Council of Independent
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`Colleges from 2001 to 2009, as a member of the Wartburg College Library
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`Advisory Board from 2004 to the present, and as a Visiting Professor at the
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`Graduate School of Library and Information Science, University of Illinois at
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`Urbana‐Champaign, in the Fall of 2003. I was a founding partner of Prior Art
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`Documentation Services, LLC, in 2015.
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`5.
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`Over the course of my work as a librarian, professor, researcher, and
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`author of numerous publications, I have had extensive experience with cataloging
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`and online library management systems built around Machine-Readable
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`Cataloging (MARC) standards. As a consultant, I have substantial experience in
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`authenticating documents and establishing the date when they were available to
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`persons exercising reasonable diligence.
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`6.
`
`In the course of more than fifty years of academic life, I have myself
`
`been an active researcher. I have collaborated with many individual researchers
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`and, as a librarian, worked in the services of thousands of researchers at four
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`prominent research universities. Members of my family are university researchers.
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`Over the years, I have read some of the voluminous professional literature on the
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`information seeking behaviors of academic researchers. And as an educator, I
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`
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`have a broad knowledge of the ways in which students in a variety of disciplines
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`learn to master the bibliographic resources used in their disciplines. In all of these
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`ways, I have a general knowledge of the how researchers work.
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`7. My work in this matter is being billed at my standard consulting rate
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`of $91 per hour. My compensation is not in any way contingent upon the outcome
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`of this or any other inter partes review. I have no financial or personal interest in
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`the outcome of this proceeding or any related litigation.
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`Scope of this Declaration
`
`8.
`
`I am not a lawyer and I am not rendering an opinion on the legal
`
`question of whether any particular document is, or is not, a “printed publication”
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`under the law.
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`9.
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`I am, however, rendering my expert opinion on when and how each of
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`the documents addressed herein was disseminated or otherwise made available to
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`the extent that persons interested and ordinarily skilled in the subject matter or art,
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`exercising reasonable diligence, could have located the documents before
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`December 11, 1998.
`
`10.
`
`I reserve the right to supplement my opinion in the future to respond
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`to any arguments that the Patent Owner raises and to take into account new
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`information as it becomes available.
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`
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`Materials Considered in Forming My Opinion
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`11.
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`In forming the opinions expressed in this declaration, I have
`
`reviewed the document and attachments referenced below. These materials are
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`records created in the ordinary course of business by publishers, libraries, indexing
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`services, and others. From my years of experience, I am familiar with the process
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`for creating many of these records, and I know these records are created by people
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`with knowledge of the information in the record. Further, these records are created
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`with the expectation that researchers and other members of the public will use
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`them. All materials cited in this declaration and its attachments are of a type that
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`experts in my field would reasonably rely upon and refer to in forming their
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`opinions.
`
`Document 1. William H. Hsu and Amy E. Zwarico, “Automatic Synthesis
`of Compression Techniques for Heterogeneous Files,” Software: Practice
`& Experience, 25,10 (October 1995): 1097-1116.
`
`
`12. The following Attachments are true and accurate representations of
`
`library material and online documents and records, as they are identified below.
`
`All attachments were secured on 17-21 October 2016. All URLs were available
`
`on 19 October 2016.
`
`Attachment 1a: Statewide Illinois Library Catalog record for Software: Practice
`
`& Experience
`
`
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`Attachment 1b: Depaul University Library catalog record for Software:
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`Practice & Experience
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`Attachment 1c: Copy of Hsu from the Depaul University Library
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`Attachment 1d: Wiley Online Library index record for Hsu
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`Attachment 1e: Copy of Hsu from the Wiley Online Library
`
`Attachment 1f: Copy of Hsu from the University of Illinois at Urbana-
`
`Champaign Library
`
`Attachment 1g: Copy of Hsu from the University of Minnesota Library
`
`Attachment 1h: Copy of Hsu from the Illinois Institute of Technology Library
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`13.
`
` Helen Sullivan is a Managing Partner in Prior Art Documentation
`
`Services LLC (see http://www.priorartdocumentation.com/hellen-sullivan/ ). Her
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`primarily responsibility in our partnership is to secure the bibliographic
`
`documentation used in attachments to our declarations. Ms. Sullivan secured all
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`of the attachments listed above, except Attachment 1h, which I secured. I have
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`carefully reviewed the bibliographic documentation used in my declaration. My
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`signature on the declaration indicates my full confidence in the authenticity,
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`accuracy, and reliability of the bibliographic documentation used.
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`Background Information
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`
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`14. Persons of ordinary skill in the art. I am told by counsel that the
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`subject matter of this proceeding relates to systems and methods of data
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`compression.
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`15.
`
`I am told by counsel that persons of ordinary skill in this subject
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`matter or art would have had an undergraduate degree in either computer science,
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`computer engineering, electrical and computer engineering, or an equivalent field
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`and one to three years of experience working with data compression, or a graduate
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`degree with course work or research in the field of data compression. Individuals
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`with additional education or additional industrial experience could still be of
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`ordinary skill in the art if that additional education or experience compensates for a
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`deficit in one of the other aspects of the requirements stated above.
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`16.
`
`It is my opinion that such a person would have been engaged in
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`advanced research starting at least in graduate school, learning though study and
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`practice in the field and possibly through formal instruction the bibliographic
`
`resources relevant to his or her research. In the 1980s and 1990s such a person
`
`would have had access to a vast array of long-established print resources in
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`electrical/computer engineering and computer science as well as to a rich and fast
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`changing set of online resources providing indexing information, abstracts, and full
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`text services for electrical/computer engineering and computer science.
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`
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`17. Library catalog records. WorldCat is the world’s largest public
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`online catalog, maintained by the Online Computer Library Center, Inc., or OCLC,
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`and built with the records created by the thousands of libraries that are members of
`
`OCLC. WorldCat records appear in many different catalogs, including the
`
`Statewide Illinois Library Catalog.
`
`18. Periodical publications. A library typically creates a catalog record
`
`for a periodical publication when the library receives its first issue. When the
`
`institution receives subsequent issues/volumes of the periodical, the issues/volumes
`
`are checked in (often using a date stamp), added to the institution’s holdings
`
`records, and made available very soon thereafter—normally within a few days of
`
`receipt or (at most) within a few weeks of receipt.
`
`19. The initial periodicals record will sometimes not reflect all of the
`
`subsequent changes in publication details (including minor variations in title, etc.).
`
`20.
`
`Indexing. An ordinarily skilled researcher may discover material
`
`relevant to his or her topic in a variety of ways. One common means of discovery
`
`is to search for relevant information in an index of periodical and other
`
`publications. Having found relevant material, the researcher will then normally
`
`obtain it online, look for it in libraries, or purchase it from the publisher, a
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`bookstore, or other provider.
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`
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`21.
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`Indexing services commonly provide bibliographic information,
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`abstracts, and full-text copies of the indexed publications, along with a list of the
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`documents cited in the indexed publication. Prominent indexing services include
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`the Wiley Online Library, a multidisciplinary collection of online resources in the
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`life, health and physical sciences, and in the social sciences and humanities (see
`
`http://olabout.wiley.com/WileyCDA/Section/id-390001.html ).
`
`Consideration of individual documents
`
`Document 1. William H. Hsu and Amy E. Zwarico, “Automatic Synthesis
`of Compression Techniques for Heterogeneous Files,” Software: Practice
`& Experience, 25,10 (October 1995): 1097-1116.
`
`
`Authentication
`
`22.
`
` Document 1 is a paper written by William Hsu and Amy Zwarico and
`
`published in the October 1995 issue of Software: Practice & Experience. This
`
`paper is herein referred to Hsu. It is marked as Exhibit 1002 to the petition for
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`inter partes review.
`
`23. Attachment 1a is a true and accurate copy of the Statewide Illinois
`
`Library Catalog record for Software: Practice & Experience. This record shows
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`that Software: Practice & Experience began publication in 1971 and is held by 598
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`libraries world-wide. An ordinarily skilled researcher would have no difficulty
`
`identifying and locating library copies of this periodical.
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`
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`24. The DePaul University Library is one library holding this periodical.
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`Attachment 1b is a true and accurate copy of the DePaul University Library catalog
`
`record for Software: Practice & Experience, showing the DePaul University
`
`Library holdings for Software: Practice & Experience include volume 25, number
`
`10.
`
`25. Attachment 1c is a true and accurate copy, in black and white, of Hsu
`
`from the DePaul University Library. Attachment 1c includes the cover for the
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`October issue of Software: Practice & Experience, the contents page, and the Hsu
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`paper on pp. 1097-1116. Attachment 1c is in a condition that creates no suspicion
`
`about its authenticity. Specifically, there are no visible alterations to the document,
`
`and Attachment 1c was found within the custody of a library – a place where, if
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`authentic, it would likely be found.
`
`26. Attachment 1d is a true and accurate copy of the item record for Hsu
`
`in the Wiley Online Library. Attachment 1e is a true and accurate copy of Hsu
`
`from the Wiley Online Library. This online version of Hsu is identical to
`
`Attachment 1c and includes, on the first page, the bibliographic information about
`
`the publication of Hsu. Software: Practice & Experience is a Wiley publication.
`
`Attachments 1d and 1e were found in the Wiley Online Library—a place where, if
`
`authentic, they would likely be found.
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`
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`27. Based on finding Hus in a library and online and on finding library
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`catalog and online index records for Hus, I conclude that Hus is an authentic
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`document and that Attachment 1a is an authentic .copy of Hsu.
`
`
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`Public accessibility
`
`28. Attachment 1c includes a library date stamp label indicating that
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`October 1995 issue of Software: Practice & Experience was processed at the
`
`DePaul University Library on 25 October 1995. Based on my experience, I affirm
`
`this date stamp has the general appearance of date stamps that libraries have long
`
`affixed to periodicals in processing them. I do not see any indications or have any
`
`reason to believe this date stamp was affixed by anyone other than library
`
`personnel on or about the date indicated by the stamp.
`
`29. This date stamp indicates the October 1995 issue of Software: Practice
`
`& Experience had been mailed to the DePaul University Library and to other
`
`subscribers (including other library subscribers) sometime in October 1995, or
`
`earlier, because it takes some time for the item to arrive at and to be processed by
`
`the library. I therefore conclude that the October 1995 issue of Software: Practice
`
`& Experience would have been received by other subscribers, and that other
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`subscribing libraries would have processed and made this issue available to their
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`readers at about the same time.
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`
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`30. For example, Attachment 1f is a true and accurate copy, in color, of
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`Hsu from the University of Illinois at Urbana-Champaign Library. Attachment 1f
`
`includes the bound volume cover; the covers for the July, August, September,
`
`October, November, and December issues of Software: Practice & Experience;
`
`and from the October issue a list of editors and other information about the journal,
`
`the contents page, and the Hsu paper on pp. 1097-1116.
`
`31. Attachment 1f includes a library date stamp label indicating that July
`
`1995 issue of Software: Practice & Experience was processed at the University of
`
`Illinois at Urbana-Champaign Library on 24 July 1995. Similar date stamp labels
`
`on the August, November, and December issues indicate they were processed at
`
`the library on 22 August, 27 November, and 14 December, respectively. Date
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`stamps can be detected on the covers of the September and October issues of
`
`Software: Practice & Experience, but they are hard to read, even under
`
`magnification. The September issue appears to have been processed by the
`
`University of Illinois at Urbana-Champaign Library on 2? September 1995, while
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`the October issue appears to have been processed on ??October ????. The text
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`here states only the date information that can be made out, as these stamps are
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`difficult to read. This bound volume of Software: Practice & Experience,
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`including the October 1995 issue, also bears on its inside back cover a February
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`
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`1996 sticker from the Heckman Bindery, Inc., a major provider of periodical
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`binding services.
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`32. Based on these date markings, it is my opinion that in the second half
`
`of 1995 the University of Illinois at Urbana Champaign regularly processed newly
`
`received issues of Software: Practice & Experience in the second or third week of
`
`the month indicated on the cover of each monthly issue. I also infer that all issues
`
`of Software: Practice & Experience published in the second half of 1995 where in
`
`hand at the University of Illinois at Urbana-Champaign Library by December 1995
`
`or January 1996, when they were send to the Heckman Bindery to be bound as a
`
`volume.
`
`33. Attachment 1g is a third true and accurate copy, in color, of Hsu—this
`
`one from the University of Minnesota Library. This copy includes the cover, a list
`
`of editors and other information about the journal, the contents page, and the Hsu
`
`paper. The cover page in Attachment 1g includes a library date stamp that is hard
`
`to read. Under magnification, this date stamp indicates the October 1995 issue of
`
`Software: Practice & Experience was processed at the University of Minnesota
`
`Library on 20 October [1995], in close conformity to the evidence for processing
`
`issues of Software: Practice & Experience at the DePaul University Library and the
`
`University of Illinois at Urbana-Champaign Library. The year element in the date
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`stamp is very hard to read, even when magnified, and thus I have listed it here in
`
`
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`brackets. However, Software: Practice & Experience was published monthly (as
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`indicated on the page listing the journal’s editors). In my experience, it would
`
`have been highly unusual for a library, such as the University of Minnesota
`
`Library, to have received this periodical a year later, in 1996. Thus, considering
`
`both my experience and the facts outlined in this declaration, it is my opinion that
`
`while the date stamp is only partially illegible, this volume was stamped received
`
`by the University of Minnesota Library on 20 October 1995.
`
`34. Attachment 1h is a fourth true and accurate copy, in color, of Hsu—
`
`this one from the Illinois Institute of Technology Library. This copy includes the
`
`spine of volume 25 and the cover of the October 1995 issue, a list of editors and
`
`other information about the journal, the contents page, and the Hsu paper. The
`
`cover page in Attachment 1h in has a date stamp that indicates the October 1995
`
`issue of Software: Practice & Experience was processed at the Illinois Institute of
`
`Technology Library on 3 November 1995, in near conformity to the evidence for
`
`processing October 1995 issues of Software: Practice & Experience at the DePaul
`
`University Library, the University of Illinois at Urbana-Champaign Library, and
`
`the University of Minnesota Library.
`
`35. The copies of Hsu in Attachments 1c and 1f, 1g, and 1h from the
`
`DePaul University Library, University of Illinois at Urbana-Champaign Library,
`
`
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`the University of Minnesota Library, and the Illinois Institute of Technology
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`Library, respectively, are substantively identical.
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`36. The evidence from four academic libraries indicates the October 1995
`
`issue of Software: Practice & Experience was mailed to subscribers in October
`
`1995, or earlier, and processed by these four libraries late in October or early in
`
`November 1995. Allowing for some time between the date stamping of the
`
`October 1995 issue of Software: Practice and Experience and its appearance on
`
`library shelves, where it would be public available, it is my opinion that Hsu was
`
`publicly available at least by mid-November 1995.
`
`Conclusion
`
`37. Based on the evidence presented here—publication in an easily
`
`identified and widely held periodical, online availability, and library date stamps—
`
`it is my opinion that Document 1 is an authentic document and was available
`
`to the public at least by mid-November 1995.
`
`
`Attestation
`
`38.
`
`I hereby declare that all statements made herein of my own
`
`knowledge are true and that all statements made on information and belief are
`
`believed to be true; and further that these statement were made with the knowledge
`
`that willful false statements and the like so made are punishable by fine or
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`imprisonment, or both, under Section 1001 of Title 18 of the United States Code
`
`
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`and that such willful false statement may jeopardize the validity of the application
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`or any patent issued thereon.
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`
`
`
`
`
`
`______________________________
`
`Scott Bennett, Ph.D.
`Managing Partner
`Prior Art Documentation Services LLC
`
`
`
`
`
`
`
`
`
`
`
`
`
`1 May 2017
`
`Date
`
`
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`
`
`
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`EXHIBIT A: RESUME
`
`SCOTT BENNETT
`Yale University Librarian Emeritus
`
`711 South Race
`Urbana, Illinois 61801-4132
`2scottb@prairienet.org
`217-367-9896
`
`
`
`EMPLOYMENT
`
`Retired, 2001. Retirement activities include:
` Managing Partner in Prior Art Documentation Services, LLC, 2015-. This firm provides
`documentation services to patent attorneys; more information is available at
`http://www.priorartdocumentation.com
` Consultant on library space design, 2004- . This consulting practice is rooted in a research,
`publication, and public speaking program conducted since I retired from Yale University in 2001.
`I have served more than 50 colleges and universities in the United States and abroad with
`projects ranging in likely cost from under $50,000 to over $100 million. More information is
`available at http://www.libraryspaceplanning.com/
` Senior Advisor for the library program of the Council of Independent Colleges, 2001-2009
` Member of the Wartburg College Library Advisory Board, 2004-
` Visiting Professor, Graduate School of Library and Information Science, University of Illinois at
`Urbana-Champaign, Fall 2003
`
`
`University Librarian, Yale University, 1994-2001
`
`Director, The Milton S. Eisenhower Library, The Johns Hopkins University, Baltimore, Maryland, 1989-
`1994
`
`Assistant University Librarian for Collection Management, Northwestern University, Evanston, Illinois,
`1981-1989
`
`Instructor, Assistant and Associate Professor of Library Administration, University of Illinois at Urbana-
`Champaign, 1974-1981
`
`Assistant Professor of English, University of Illinois at Urbana-Champaign, 1967-1974
`
`Woodrow Wilson Teaching Intern, St. Paul’s College, Lawrenceville, Virginia, 1964-1965
`
`EDUCATION
`
`University of Illinois, M.S., 1976 (Library Science)
`Indiana University, M.A., 1966; Ph.D., 1967 (English)
`Oberlin College, A.B. magna cum laude, 1960 (English)
`
`
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`HONORS AND AWARDS
`
`Morningside College (Sioux City, IA) Doctor of Humane Letters, 2010
`
`American Council of Learned Societies Fellowship, 1978-1979; Honorary Visiting Research Fellow,
`Victorian Studies Centre, University of Leicester, 1979; University of Illinois Summer Faculty Fellowship,
`1969
`
`Indiana University Dissertation Year Fellowship and an Oberlin College Haskell Fellowship, 1966-1967;
`Woodrow Wilson National Fellow, 1960-1961
`
`PROFESSIONAL ACTIVITIES
`
`American Association for the Advancement of Science: Project on Intellectual Property and Electronic
`Publishing in Science, 1999-2001
`
`American Association of University Professors: University of Illinois at Urbana-Champaign Chapter
`Secretary and President, 1975-1978; Illinois Conference Vice President and President, 1978-1984;
`national Council, 1982-1985, Committee F, 1982-1986, Assembly of State Conferences Executive
`Committee, 1983-1986, and Committee H, 1997-2001 ; Northwestern University Chapter
`Secretary/Treasurer, 1985-1986
`
`Association of American Universities: Member of the Research Libraries Task Force on Intellectual
`Property Rights in an Electronic Environment, 1993-1994, 1995-1996
`
`Association of Research Libraries: Member of the Preservation Committee, 1990-1993; member of the
`Information Policy Committee, 1993-1995; member of the Working Group on Copyright, 1994-2001;
`member of the Research Library Leadership and Management Committee, 1999-2001; member of the
`Board of Directors, 1998-2000
`
`Carnegie Mellon University: Member of the University Libraries Advisory Board, 1994
`
`Center for Research Libraries: Program Committee, 1998-2000
`
`Johns Hopkins University Press: Ex-officio member of the Editorial Board, 1990-1994; Co-director of
`Project Muse, 1994
`
`Library Administration and Management Association, Public Relations Section, Friends of the Library
`Committee, 1977-1978
`
`Oberlin College: Member of the Library Visiting Committee, 1990, and of the Steering Committee for
`the library’s capital campaign, 1992-1993; President of the Library Friends, 1992-1993, 2004-2005;
`member, Friends of the Library Council, 2003-
`
`Research Society for Victorian Periodicals: Executive Board, 1971-1983; Co-chairperson of the Executive
`Committee on Serials Bibliography, 1976-1982; President, 1977-1982
`
`
`
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`
`
` A
`
` Selected Edition of W.D. Howells (one of several editions sponsored by the MLA Center for Editions of
`American Authors): Associate Textual Editor, 1965-1970; Center for Editions of American Authors panel
`of textual experts, 1968-1970
`
`Victorian Studies: Editorial Assistant and Managing Editor, 1962-1964
`
`Wartburg College: member, National Advisory Board for the Vogel Library, 2004-
`
`Some other activities: Member of the Illinois State Library Statewide Library and Archival Preservation
`Advisory Panel; member of the Illinois State Archives Advisory Board; member of a committee advising
`the Illinois Board of Higher Education on the cooperative management of research collections; chair of
`a major collaborative research project conducted by the Research Libraries Group with support from
`Conoco, Inc.; active advisor on behalf of the Illinois Conference AAUP to faculty and administrators on
`academic freedom and tenure matters in northern Illinois.
`
`Delegate to Maryland Governor’s Conference on Libraries and Information Service; principal in
`initiating state-wide preservation planning in Maryland; principal in an effort to widen the use of mass
`deacidification for the preservation of library materials through cooperative action by the Association of
`Research Libraries and the Committee on Institutional Cooperation; co-instigator of a campus-wide
`information service for Johns Hopkins University; initiated efforts with the Enoch Pratt Free Library to
`provide information services to Baltimore’s Empowerment Zones; speaker or panelist on academic
`publishing, copyright, scholarly communication, national and regional preservation planning, mass
`deacidification.
`
`Consultant for the University of British Columbia (1995), Princeton University (1996), Modern
`Language Association, (1995, 1996), Library of Congress (1997), Center for Jewish History (1998, 2000-
`), National Research Council (1998); Board of Directors for the Digital Library Federation, 1996-2001;
`accreditation visiting team at Brandeis University (1997); mentor for Northern Exposure to Leadership
`(1997); instructor and mentor for ARL’s Leadership and Career Development Program (1999-2000)
`
`At the Northwestern University Library, led in the creation of a preservation department and in the
`renovation of the renovation, for preservation purposes, of the Deering Library book stacks.
`
`At the Milton S. Eisenhower Library, led the refocusing and vitalization of client-centered services;
`strategic planning and organizational restructuring for the library; building renovation planning.
`Successfully completed a $5 million endowment campaign for the humanities collections and launched a
`$27 million capital campaign for the library.
`
`At the Yale University Library, participated widely in campus-space planning, university budget
`planning, information technology development, and the promotion of effective teaching and learning;
`for the library has exercised leadership in space planning and renovation, retrospective conversion of
`the card catalog, preservation, organizational development, recruitment of minority librarians,
`intellectual property and copyright issues, scholarly communication, document delivery services among
`libraries, and instruction in the use of information resources. Oversaw approximately $70 million of
`library space renovation and construction. Was co-principal investigator for a grant to plan a digital
`archive for Elsevier Science.
`
`
`
`
`19
`
`NetApp; Rackspace Exhibit 1014 Page 19
`
`
`
`Numerous to invitations speak at regional, national, and other professional meetings and at alumni
`meetings. Lectured and presented a series of seminars on library management at the Yunnan
`University Library, 2002. Participated in the 2005 International Roundtable for Library and Information
`Science sponsored by the Kanazawa Institute of Technology Library Center and the Council on Library
`and Information Resources.
`
`PUBLICATIONS
`
`“Putting Learning into Library Planning,” portal: Libraries and the Academy, 15, 2 (April 2015), 215-231.
`
`“How librarians (and others!) love silos: Three stories from the field “ available at the Learning Spaces
`Collaborary Web site, http://www.pkallsc.org/
`
`“Learning Behaviors and Learning Spaces,” portal: Libraries and the Academy, 11, 3 (July 2011), 765-789.
`
`“Libraries and Learning: A History of Paradigm Change,” portal: Libraries and the Academy, 9, 2 (April
`2009), 181-197. Judged as the best article published in the 2009 volume of portal.
`
`“The Information or the Learning Commons: Which Will We Have?” Journal of Academic Librarianship,
`34 (May 2008), 183-185. One of the ten most-cited articles published in JAL, 2007-2011.
`
`“Designing for Uncertainty: Three Approaches,” Journal of Academic Librarianship, 33 (2007), 165–179.
`
`“Campus Cultures Fostering Information Literacy,” portal: Libraries and the Academy, 7 (2007), 147-167.
`Included in Library Instruction Round Table Top Twenty library instruction articles published in 2007
`
`“Designing for Uncertainty: Three Approaches,” Journal of Academic Librarianship, 33 (2007), 165–179.
`
` “First Questions for Designing Higher Education Learning Spaces,” Journal of Academic Librarianship, 33
`(2007), 14-26.
`
`“The Choice for Learning,” Journal of Academic Librarianship, 32 (2006), 3-13.
`
`With Richard A. O’Connor, “The Power of Place in Learning,” Planning for Higher Education, 33 (June-
`August 2005), 28-30
`
`“Righting the Balance,” in Library as Place: Rethinking Roles, Rethinking Space (Washington, DC: Council
`on Library and Information Resources, 2005), pp. 10-24
`
`Libraries Designed for Learning (Washington, DC: Council on Library and Information Resources, 2003)
`
`“The Golden Age of Libraries,” in Proceedings of the International Conference on Academic Librarianship
`in the New Millennium: Roles, Trends, and Global Collaboration, ed. Haipeng Li (Kunming: Yunnan
`University Press, 2002), pp. 13-21. This is a slightly different version of the following item.
`
`“The Golden Age of Libraries,” Journal of Academic Librarianship, 24 (2001), 256-258
`
`
`
`
`20
`
`NetApp; Rackspace Exhibit 1014 Page 20
`
`
`
`“Second Chances. An address . . . at the annual dinner of the Friends of the Oberlin College Library
`November 13 1999,” Friends of the Oberlin College Library, February 2000
`
`“Authors’ Rights,” The Journal of Electronic Publishing (December 1999),
`http://www.press.umich.edu/jep/05-02/bennett.html
`
`“Information-Based Productivity,” in Technology and Scholarly Communication, ed. Richard Ekman and
`Richard E. Quandt (Berkeley, 1999), pp. 73-94
`
`“Just-In-Time Scholarly Monographs: or, Is There a Cavalry Bugle Call for Beleaguered Authors and
`Publishers?” The Journal of Electronic Publishing (September 1998),
`http://www.press.umich.edu/jep/04-01/bennett.html
`
`“Re-engineering Scholarly Communication: Thoughts Addressed to Authors,” Scholarly Publishing, 27
`(1996), 185-196
`
`“The Copyright Challenge: Strengthening the Public Interest in the Digital Age,” Library Journal, 15
`November 1994, pp. 34-37
`
`“The Management