UNITED STATES PATENT AND TRADEMARK OFFICE
`
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
` ____________
`
`UBISOFT, INC. AND SQUARE ENIX, INC.,
`Petitioners,
`
`v.
`
`UNILOC USA, INC. AND UNILOC LUXEMBOURG S.A.,
`Patent Owners.
`
`____________
`
`Case No. IPR2017-1827
`U.S. Patent No. 7,069,293
` ____________
`
`DECLARATION OF MARK C. LANG
`
`IPR2017-01827
`Ubisoft, et al. EX1004 Page 1
`
`
`
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
` ____________
`
`UBISOFT, INC. AND SQUARE ENIX, INC.,
`Petitioners,
`
`v.
`
`UNILOC USA, INC. AND UNILOC LUXEMBOURG S.A.,
`Patent Owners.
`
`____________
`
`Case No. IPR2017-1827
`U.S. Patent No. 7,069,293
` ____________
`
`DECLARATION OF MARK C. LANG
`
`IPR2017-01827
`Ubisoft, et al. EX1004 Page 1
`
`
`
`I, Mark C. Lang, declare as follows:
`
`
`1.
`
`I am an attorney with Erise IP, P.A., counsel for Petitioners in this
`
`proceeding. I submit this declaration based on personal knowledge following a
`
`reasonable investigation. If called upon as a witness, I could competently testify to
`
`the truth of each statement herein.
`
`Internet Archive
`
`2.
`I am familiar with the Internet Archive, which I understand to be a
`non-profit digital library founded in 1996. I have reviewed the “Frequently Asked
`
`Questions”
`
`page
`
`for
`
`the
`
`Internet Archive, which
`
`is
`
`available
`
`at https://archive.org/about/faqs.php.
`
` I have personally used
`
`the Internet
`
`Archive’s Wayback Machine. Accordingly, I understand that the Internet Archive
`
`(a.k.a., the Wayback Machine) is a website that provides access to a digital library
`
`of Internet sites.
`
`3.
`
`I understand that the WayBack Machine is an application using a
`
`crawler created by the Internet Archive to search its archive of Web page URLs
`
`and
`
`to
`
`represent, graphically,
`
`the date of
`
`each
`
`crawler
`
`capture.
`
`https://archive.org/about/faqs.php.
`
`4.
`
`I understand that the Wayback Machine service allows users to search
`
`archived sites by URL (i.e., website address). If archived records for a URL are
`
`available, the user is presented with a list of available dates. The user may select
`
`IPR2017-01827
`Ubisoft, et al. EX1004 Page 2
`
`
`
`one of the available dates, and then view an archived version of the website for that
`
`date.
`
`5.
`
`I further understand that many Internet Archive captures made by the
`
`Wayback Machine have a banner at the top with the capture date prominently
`
`displayed. Additionally, the Internet Archive assigns a URL on its site to the
`
`archived files. The URL for the capture begins with the identification of the
`
`Internet Archive page (e.g., http://web.archive.org/web/) followed by information
`
`that includes a numerical date and time reference for the capture as follows: [Year
`
`in yyyy][Month in mm][Day in dd][Time code in hh:mm:ss]. These elements are
`
`then followed by the URL of the original capture site.
`
`Exhibit 1002: The TME 10 Deployment Cookbook
`
`6.
`
`Exhibit 1002 is an online book entitled “The TME 10 Deployment
`
`Cookbook” that was captured by the Internet Archive at least by August 3, 1997.
`
`7.
`
`The title page, which contains the Table of Contents for the book, is
`
`accessible
`
`through
`
`the
`
`URL
`
`https://web.archive.org/web/19970716014351/http://www.redbooks.ibm.com:80/S
`
`G244976/sg244976.htm#ToC, which indicates that the URL was archived in the
`
`Internet on July 16, 1997 at 1:43:51 a.m. Ex. 1002 at 1-6. The first page of the
`
`book indicates that it “is being edited for hardcopy publication and is published
`
`here for those who need the information now and are willing to put up with
`
`IPR2017-01827
`Ubisoft, et al. EX1004 Page 3
`
`
`
`spelling, grammar and layout errors.” EX1002 at 1. The title page further
`
`indicates a date of “April 1997.” Id.
`
`8.
`
`The title page (EX1002 pages 1-6) further contains web links to the
`
`“Figures,” “Tables,” “Preface,” Chapters, Appendices, and Indices of the book.
`
`Exhibit 1002 represents the entirety of the contents of the online book, which are
`
`marked as a consecutively-numbered pages for ease of reference in this proceeding.
`
`For ease of reference, the exhibit markings applied to EX1002 additionally indicate
`
`the number of the Figures contained in the book (e.g., “Figure 1”), which can also
`
`be independently verified by clicking on the weblink to the figure embedded in the
`
`chapters.
`
`9.
`
`For ease of reference, the following is a summary of the contents of
`
`The TME 10 Deployment Cookbook contained in EX1002. Portions of EX1002
`
`were captured in the Internet Archive on July 16, 1997, while other portions were
`
`captured in the Internet Archive on August 3, 1997. However, as indicated below
`
`and through the URL links on each page of EX1002, all of the contents of EX1002
`
`were captured in the Internet Archive by at least August 3, 1997:
`
`Title
`
`EX1002 Page
`
`Title/Table of Contents
`“Figures” Index
`“Tables” Index
`Preface
`Chapter 1
`Chapter 2
`
`1-6
`7-15
`16
`17-18
`19-23
`24-70
`
`Internet Archive URL
`Capture Date
`7/16/1997
`7/16/1997
`7/16/1997
`7/16/1997
`7/16/1997
`7/16/1997
`
`IPR2017-01827
`Ubisoft, et al. EX1004 Page 4
`
`
`
`Chapter 3
`Chapter 4
`Chapter 5
`Chapter 6
`Chapter 7
`Chapter 8
`Chapter 9
`Appendix A
`Appendix B
`Appendix C
`Appendix D
`Index
`Appendix E
`Figures*
`
`
`71-93
`94-117
`118-127
`128-139
`140-191
`192-203
`204-268
`269-270
`271-272
`273-276
`277-279
`280-296
`297
`298-812
`
`7/16/1997
`7/16/1997
`7/16/1997
`7/16/1997
`7/16/1997
`7/16/1997
`7/16/1997
`7/16/1997
`7/16/1997
`7/16/1997
`7/16/1997
`7/16/1997
`7/16/1997
`8/3/1997
`
`*All Figures that were captured by the Internet Archive are available as of
`
`8/3/1997, except Figure 318, which was captured on April 28, 1997. To the extent
`
`a Figure was not captured by the Internet Archive, EX1002 reflects that by
`
`showing a capture as of July 16, 1997 stating “Hrm. Wayback Machine doesn’t
`
`have that page archived.”
`
`I declare under penalty of perjury under the laws of the United States of
`
`America that the foregoing is true and correct.
`
`Executed this 21st day of July 2017 at Overland Park, Kansas.
`
`/s/ Mark C. Lang
`Mark C. Lang
`Attorney for Petitioners
`
`
`
`
`
`
`
`
`
`
`IPR2017-01827
`Ubisoft, et al. EX1004 Page 5
`
`
Accessing this document will incur an additional charge of $.
After purchase, you can access this document again without charge.
Accept $ Charge
Still Working On It
This document is taking longer than usual to download. This can happen if we need to contact the court directly to obtain the document and their servers are running slowly.
Give it another minute or two to complete, and then try the refresh button.
A few More Minutes ... Still Working
It can take up to 5 minutes for us to download a document if the court servers are running slowly.
Thank you for your continued patience.
This document could not be displayed.
We could not find this document within its docket. Please go back to the docket page and check the link. If that does not work, go back to the docket and refresh it to pull the newest information.
Your account does not support viewing this document.
You need a Paid Account to view this document. Click here to change your account type.
Your account does not support viewing this document.
Set your membership
status to view this document.
With a Docket Alarm membership, you'll
get a whole lot more, including:
- Up-to-date information for this case.
- Email alerts whenever there is an update.
- Full text search for other cases.
- Get email alerts whenever a new case matches your search.
One Moment Please
The filing “” is large (MB) and is being downloaded.
Please refresh this page in a few minutes to see if the filing has been downloaded. The filing will also be emailed to you when the download completes.
Your document is on its way!
If you do not receive the document in five minutes, contact support at support@docketalarm.com.
Sealed Document
We are unable to display this document, it may be under a court ordered seal.
If you have proper credentials to access the file, you may proceed directly to the court's system using your government issued username and password.
Access Government Site
