Petition for Inter Partes Review of U.S. Patent No. 7,268,703
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`____________________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`____________________
`
`FLIR Systems, Inc.
`and
`FLIR Maritime US, Inc. (f/k/a Raymarine, Inc.),
`
`Petitioners,
`
`v.
`
`Garmin Switzerland GmbH,
`
`Patent Owner
`
`____________________
`
`PETITION FOR INTER PARTES REVIEW
`
`OF
`
`U.S. PATENT NO. 7,268,703
`
`
`
`DECLARATION OF SCOTT BENNETT, Ph.D.
`19 January 2017
`
`1
`
`1
`
`Navico Ex. 1015
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`____________________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`____________________
`
`FLIR Systems, Inc.
`and
`FLIR Maritime US, Inc. (f/k/a Raymarine, Inc.),
`
`Petitioners,
`
`v.
`
`Garmin Switzerland GmbH,
`
`Patent Owner
`
`____________________
`
`PETITION FOR INTER PARTES REVIEW
`
`OF
`
`U.S. PATENT NO. 7,268,703
`
`
`
`DECLARATION OF SCOTT BENNETT, Ph.D.
`19 January 2017
`
`1
`
`1
`
`Navico Ex. 1015
`
`
`
`TABLE OF CONTENTS
`
`Page
`
`I.
`
`II.
`
`INTRODUCTION .......................................................................................... 2
`
`BACKGROUND AND QUALIFICATIONS ................................................ 2
`
`III.
`
`PRELIMINARIES .......................................................................................... 4
`
`IV. OPINIONS REGARDING INDIVIDUAL DOCUMENTS ........................11
`
`V.
`
`VI.
`
`ATTACHMENTS ........................................................................................28
`
`CONCLUSION ............................................................................................29
`
`2
`
`
`
`I, Scott Bennett, hereby declare under penalty of perjury:
`
`I.
`
`INTRODUCTION
`
`1.
`
`I have personal knowledge of the facts and opinions set forth in this
`
`declaration, I believe them to be true, and if called upon to do so, I would testify
`
`competently to them. I have been warned that willful false statements and the like
`
`are punishable by fine or imprisonment, or both.
`
`2.
`
`I am a retired academic librarian working as a Managing Partner of
`
`the firm Prior Art Documentation LLC at 711 South Race Street, Urbana, IL,
`
`61801-4132. Attached as Appendix A is a true and correct copy of my
`
`Curriculum Vitae describing my background and experience.
`
`3.
`
`I have been retained by Weil, Gotshal & Manges LLP to authenticate
`
`and establish the dates of public accessibility of certain documents in an inter
`
`partes review proceedings for U.S. Patent No. 7,268,703. For this service, I am
`
`being paid my usual hourly fee of $88/hour. My compensation in no way depends
`
`on the substance of my testimony or the outcome of this proceeding.
`
`II.
`
`BACKGROUND AND QUALIFICATIONS
`
`4.
`
`I was previously employed as follows:
`
`(cid:120)
`
`(cid:120)
`
`University Librarian, Yale University, New Haven, CT., 1994-2001;
`
`Director, The Milton S. Eisenhower Library, The Johns Hopkins
`
`University, Baltimore, MD, 1989-1994;
`
`3
`
`
`
`(cid:120)
`
`(cid:120)
`
`(cid:120)
`
`Assistant University Librarian for Collection Management,
`
`Northwestern University, Evanston, IL, 1981-1989;
`
`Instructor, Assistant, and Associate Professor of Library
`
`Administration, University of Illinois at Urbana-Champaign, Urbana,
`
`IL, 1974-1981; and
`
`Assistant Professor of English, University of Illinois at Urbana-
`
`Champaign, 1967-1974.
`
`5.
`
`Over the course of my work as a librarian, professor of English,
`
`researcher, and author of nearly fifty scholarly papers and other publications, I
`
`have had extensive experience with cataloging records and online library
`
`management systems built around Machine-Readable Cataloging (MARC)
`
`standards. I also have substantial experience in authenticating printed documents
`
`and establishing the date when they were accessible to researchers.
`
`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
`
`and, as a librarian, worked in the services of thousands of researchers at four
`
`prominent research universities. Members of my family are university
`
`researchers. Over the years, I have read some of the voluminous professional
`
`literature on the information seeking behaviors of academic researchers. And as
`
`an educator, I have a broad knowledge of the ways in which students in a variety
`
`3
`
`4
`
`
`
`of disciplines learn to master the bibliographic resources used in their disciplines.
`
`In all of these ways, I have a general knowledge of how researchers work.
`
`7.
`
`Appendix A is my full resume. Further information about my firm is
`
`available at www.priorartdocumentation.com.
`
`III. PRELIMINARIES
`Scope of this declaration. I am not a lawyer and I am not rendering
`
`8.
`
`an opinion on the legal question of whether any particular document is, or is not, a
`
`“printed publication” under the law.
`
`9.
`
`I am, however, rendering my expert opinion on when and how each
`
`of the documents addressed herein was disseminated or otherwise made available
`
`to the extent that persons interested and ordinarily skilled in the subject matter or
`
`art, exercising reasonable diligence, could have located the documents before
`
`September 2002.
`
`10. Materials considered. In forming the opinions expressed in this
`
`declaration, I have reviewed the document and attachments referenced below.
`
`These materials are records created in the ordinary course of business by
`
`publishers, libraries, indexing services, and others. From my years of experience,
`
`I am familiar with the process for creating many of these records, and I know
`
`these records are created by people with knowledge of the information in the
`
`record. Further, these records are created with the expectation that researchers
`
`4
`
`5
`
`
`
`and other members of the public will use them. All materials cited in this
`
`declaration and its attachments are of a type that experts in my field would
`
`reasonably rely upon and refer to in forming their opinions.
`
`11.
`
`Persons of ordinary skill in the art. I am told by counsel that the
`
`subject matter of this proceeding relates to using electronic navigation equipment,
`
`including electronic nautical charts, GPS receivers, and associated software, to
`
`plot maritime navigation courses that avoid dangerous conditions, such as
`
`obstacles, shallow water, or inclement weather.
`
`12.
`
`I have been informed by counsel that the “person of ordinary skill in
`
`the art at the time of the inventions” is a hypothetical person who is presumed to
`
`be familiar with the relevant field and its literature at the time of the inventions.
`
`This hypothetical person is also a person of ordinary creativity, capable of
`
`understanding the scientific principles applicable to the pertinent field.
`
`13.
`
`I am told by counsel that persons of ordinary skill in this subject
`
`matter or art would have had a B.S. degree in Electrical Engineering (or related
`
`discipline) and 3 to 5 years of experience in navigation engineering, or would
`
`have held a more advanced degree but less experience (e.g., a Master’s degree and
`
`1 to 2 years of experience).
`
`14.
`
`It is my opinion that such a person would have been engaged in
`
`advanced research starting at least in graduate school, learning though study and
`
`5
`
`6
`
`
`
`practice in the field and possibly through formal instruction the bibliographic
`
`resources relevant to his or her research. In the 1990s such a person would have
`
`had access to a vast array of long-established print resources in electrical
`
`engineering and related disciplines as well as to a rich and fast changing set of
`
`online resources providing indexing information, abstracts, and full text services
`
`for electrical engineering and related disciplines.
`
`15.
`
`Library catalog records. Some background on MARC formatted
`
`records, OCLC, WorldCat, and OCLC’s Connexion is needed to understand the
`
`library catalog records used in this declaration.
`
`16.
`
`Libraries world-wide use the MARC format for catalog records; this
`
`machine readable format was developed at the Library of Congress in the 1960s.
`
`17. MARC formatted records provide a variety of subject access points
`
`based on the content of the document being cataloged. All may be found in the
`
`MARC Fields 6XX. For example, MARC Field 600 identifies personal names
`
`used as subjects and the MARC Field 650 identifies topical terms. A researcher
`
`might discover material relevant to his or her topic by a search using the terms
`
`employed in the MARC Fields 6XX.
`
`18.
`
`The MARC Field 040, subfield a, identifies the library or other entity
`
`that created the original catalog record for a given document and transcribed it into
`
`machine readable form. The MARC Field 008 identifies the date when this first
`
`6
`
`7
`
`
`
`catalog record was entered on the file. This date persists in all subsequent uses of
`
`the first catalog record, although newly-created records for the same document,
`
`separate from the original record, will show a new date. It is not unusual to find
`
`multiple catalog records for the same document.
`
`19. WorldCat is the world’s largest public online catalog, maintained by
`
`the Online Computer Library Center, Inc., or OCLC, and built with the records
`
`created by the thousands of libraries that are members of OCLC. WorldCat
`
`provides a user-friendly interface for the public to use MARC records; it requires
`
`no knowledge of MARC tags and codes. WorldCat records appear in many
`
`different catalogs, including the Statewide Illinois Library Catalog. The date a
`
`given catalog record was created (corresponding to the MARC Field 008) appears
`
`in some detailed WorldCat records as the Date of Entry.
`
`20. Whereas WorldCat records are very widely available, the availability
`
`of MARC formatted records varies from library to library.
`
`21. When an OCLC participating institution acquires a document for
`
`which it finds no previously created record in OCLC, or when the institution
`
`chooses not to use an existing record, it creates a record for the document using
`
`OCLC’s Connexion, the bibliographic system used by catalogers to create MARC
`
`records. Connexion automatically supplies the date of record creation in the
`
`MARC Field 008.
`
`7
`
`8
`
`
`
`22. Once the MARC record is created by a cataloger at an OCLC
`
`participating member institution, it becomes available to other OCLC participating
`
`members in Connexion and to the public in WorldCat.
`
`23. When a book has been cataloged, it will normally be made available
`
`to readers soon thereafter—normally within a few days or (at most) within a few
`
`weeks of cataloging.
`
`24.
`
`Publications in series. A library typically creates a MARC catalog
`
`record for a series of closely related publications, such as the proceedings of an
`
`annual conference, when the library receives its first issue. When the institution
`
`receives subsequent issues/volumes of the series, the issues/volumes are checked in
`
`(sometimes 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.
`
`25.
`
`The initial serials record will often not reflect all of the subsequent
`
`changes in publication details (including minor variations in title, etc.).
`
`26. When a library does not intend systematically to acquire all
`
`publications in a given series, but adds individual volumes of the series to its
`
`collections, the library will typically treat each such volume as an individual book,
`
`or monograph. In this case, the 008 Field MARC will record the date when the
`
`record for that individual volume, not the series, was created.
`
`8
`
`9
`
`
`
`27.
`
`It is sometimes possible to find both a series and a monograph library
`
`catalog record for the same publication.
`
`28.
`
`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.
`
`29.
`
`The initial periodicals record will sometimes not reflect all of the
`
`subsequent changes in publication details (including minor variations in title, etc.).
`
`30.
`
`Internet Archive. The Internet Archive is a non-profit digital library
`
`founded in 1996.
`
`31.
`
`The Internet Archive maintains an archive of webpages collected from
`
`the Internet using software called a crawler. Crawlers automatically create a
`
`snapshot of webpages as they existed at a certain point in time. The WayBack
`
`Machine is an application created by the Internet Archive to search its archive of
`
`Web pages and to represent, graphically, the date of each crawler capture. The
`
`Internet Archive, now with about 50 petabytes of data, collects only Web material
`
`that is publicly available. Some sites are “not archived because they were
`
`password protected, blocked by robots.txt, or otherwise inaccessible to our
`
`9
`
`10
`
`
`
`automated systems. Site owners might have also requested that their sites be
`
`excluded from the WayBack Machine” (see the WayBack Machine FAQ,
`
`https://archive.org/about/faqs.php#The_Wayback_Machine).
`
`32.
`
`Indexing. A 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 bookstore, a document delivery
`
`service, or other provider. Sometimes, the date of a document’s public
`
`accessibility will involve both indexing and library date information. Date
`
`information for indexing entries is, however, often unavailable. This is especially
`
`true for online indices.
`
`33.
`
`Indexing services use a wide variety of controlled vocabularies to
`
`provide subject access and other means of discovering the content of documents.
`
`The formats in which these access terms are presented vary from service to
`
`service.
`
`34. Online indexing services commonly provide bibliographic
`
`information, abstracts, and full-text copies of the indexed publications, along with
`
`a list of the documents cited in the indexed publication. These services also often
`
`provide lists of publications that cite a given document. A citation of a document
`
`10
`
`11
`
`
`
`is evidence that the document was publicly available and in use by researchers no
`
`later than the publication date of the citing document.
`
`35.
`
`Prominent indexing services include:
`
`36.
`
`Scopus. Produced by Elsevier, a major publisher, Scopus is the
`
`largest database of abstracts and citations of peer-reviewed literature. Its scope
`
`includes the social sciences, science, technology, medicine, and the arts. It
`
`includes 60 million records from more than 21,500 titles from some 5,000
`
`international publishers. Coverage includes 360 trade publications, over 530 book
`
`series, more than 7.2 million conference papers, and 116,000 books. Records date
`
`from 1823.
`
`37. Google Scholar. Google Scholar indexes the texts and metadata of
`
`scholarly publications across a wide range of disciplines. It includes most peer-
`
`reviewed online academic journals, conference papers, theses, technical reports,
`
`and other material. Google does not publish the size of the Google Scholar
`
`database, but researchers have estimated that it contained approximately 160
`
`million items in 2014 (Enrique Oduna-Malea, et al., “About the size of Google
`
`Scholar: playing the numbers,” Scientometrics, 104,3 (September 2015): 931-949,
`
`available at https://arxiv.org/ftp/arxiv/papers/1407/1407.6239.pdf ).
`
`IV. OPINIONS REGARDING INDIVIDUAL DOCUMENTS
`
`Document 1. Laurie Tetley and David Calcutt, Electronic Navigation
`Systems, 3rd ed. (Oxford, Butterworth Heinemann, 2001).
`
`11
`
`12
`
`
`
`1.
`
`Authentication
`
`38. Document 1 is a book by Laurie Tetley and David Calcutt published
`
`by Butterworth in 2001. Attachment 1a is a true and correct copy of Chapter 1 of
`
`Document 1, along with the book’s title page, title page verso, and table of
`
`contents from the Linda Hall Library. Attachment 1b is a true and correct copy of
`
`that library’s catalog record, in MARC format, for Document 1.
`
`39. Attachment 1a is in a condition that creates no suspicion about its
`
`authenticity. Specifically, Chapter 1 in Document 1 is not missing any
`
`intermediate pages, the text on each page appears to flow seamlessly from one
`
`page to the next, and there are no visible alterations to the document. Attachment
`
`1a was found within the custody of a library – a place where if authentic it would
`
`likely be.
`
`40.
`
`It is my opinion that Attachment 1a is an authentic copy of Document
`
`1.
`
`2.
`
`Public accessibility
`
`41. Attachment 1c is a true and correct copy of a Statewide Illinois
`
`Library catalog record for Document 1. It shows the book is held by 76 libraries
`
`world-wide. Researchers would have had no difficulty finding copies of
`
`Document 1.
`
`12
`
`13
`
`
`
`42.
`
`In Attachment 1b, the Linda Hall Library catalog record for
`
`Document 1, the MARC Field 040, subfield a, indicates that Document 1 was first
`
`cataloged by the Library of Congress (OCLC code = DLC). The MARC Field
`
`008 indicates this catalog record was created on 8 December 2000. This record
`
`was probably derived from the British Library cataloging in publication data,
`
`shown on the verso of the title page in Attachment 1a. I conclude from
`
`Attachment 1b that Document 1 was bibliographically identifiable by no later than
`
`8 December 2000.
`
`43.
`
`In Attachment 1a, a copy of Document 1 from the Linda Hall
`
`Library, the first contents page shows a hand-written cataloger’s date of 25 July
`
`2001. Based on my experience, I affirm this date notation has the general
`
`appearance of the notations catalogers often made in processing books. I do not
`
`see any indications or have any reason to believe this date notation was written by
`
`anyone other than library personnel on or about the date indicated by the notation.
`
`44. Allowing for some time between the date notation of 25 July 2001
`
`and the book’s appearance on library shelves, where it would be publicly
`
`available, it is my opinion that Document 1 was publicly available in at least one
`
`library by mid-August 2001.
`
`3.
`
`Conclusion
`
`13
`
`14
`
`
`
`45. Based on the evidence presented here—book publication and library
`
`cataloging—it is my opinion that Document 1 is an authentic document that
`
`was bibliographically identifiable by 8 December 2000 and was publicly
`
`available in at least one library by mid-August 2001.
`
`Document 2. Bill Brogdon, Boat Navigation for the Rest of Us: Finding
`Your Way by Eye and Electronics, 2nd ed. (Camden, ME, International
`Marine/McGraw-Hill, 2001).
`
`1.
`
`Authentication
`
`60. Document 2 is a book by Bill Brogdon published by International
`
`Marine in 2001. Attachment 2a is a true and correct copy the cover, title page,
`
`title page verso, table of contents, introduction, and Chapter 1 of Document 2
`
`from the Library of Congress. Attachment 2b is a true and correct copy of that
`
`library’s catalog record, in MARC format, for Document 2.
`
`61. Attachment 2a is in a condition that creates no suspicion about its
`
`authenticity. Specifically, Chapter 1 in Document 2 is not missing any
`
`intermediate pages, the text on each page appears to flow seamlessly from one
`
`page to the next, and there are no visible alterations to the document. Attachment
`
`2a was found within the custody of a library – a place where if authentic it would
`
`likely be.
`
`62.
`
`It is my opinion that Attachment 2a is an authentic copy of Document
`
`2.
`
`14
`
`15
`
`
`
`2.
`
`Public accessibility
`
`63. Attachment 2c is a true and correct copy of a Statewide Illinois
`
`Library catalog record for Document 2. It shows the book is held by 186 libraries
`
`world-wide. Researchers would have had no difficulty finding copies of
`
`Document 2.
`
`64. Attachment 2d is a true and correct copy of the United States
`
`Copyright Office record for Document 2. It shows that Document 2 was
`
`published on 3 January 2001 and registered for copyright on 18 April 2001. I
`
`conclude from this record that Document 2 would have been available from its
`
`publisher on or about 3 January 2001.
`
`65.
`
`In Attachment 2b, the Library of Congress catalog record for
`
`Document 2, the MARC Field 040, subfield a, indicates that Document 2 was first
`
`cataloged by the Library of Congress (OCLC code = DLC). The MARC Field
`
`008 indicates this catalog record was created on 5 October 2000, some months
`
`before the book’s publication. That this catalog record was a cataloging in
`
`publication record is shown on the verso of the title page in Attachment 2a. I
`
`conclude from Attachment 2b that Document 1 was bibliographically identifiable
`
`by no later than 5 October 2000.
`
`66.
`
`In Attachment 2a, a copy of Document 2 from the Library of
`
`Congress, the title page shows a Library of Congress Copyright Office date stamp
`
`15
`
`16
`
`
`
`of 18 April 2001, the same date as the copyright registration date shown in
`
`Attachment 2d. I do not see any indications or have any reason to believe this
`
`date stamp was made by anyone other than library personnel on or about the date
`
`indicated by the stamp. I conclude that Attachment 2a is the deposit copy of
`
`Document 2.
`
`67. Allowing for substantial time between the Copyright Office date
`
`stamp of 18 April 2001 and the book’s appearance on library shelves, where it
`
`would be publicly available, it is my opinion that Document 1 was publicly
`
`available in at least at the Library of Congress by no later than the end of 2001.
`
`3.
`Conclusion
`68. Based on the evidence presented here—book publication, copyright
`
`registration, and library processing and cataloging—it is my opinion that
`
`Document 2 is an authentic document that was bibliographically identifiable
`
`by 5 October 2000, was available from its publisher by January 2001, and
`
`was publicly available in at least one library by the end of 2001.
`
`Document 3. Resolution A.817(19), Performance Standards for
`Electronic Chart Display and Information Systems, in International
`Maritime Organization, Nineteenth Assembly Resolutions and Other
`Decisions, Resolutions 780-838, 13-23 November 1995 (London:
`International Maritime Organization, 1996): 234-245
`
`1.
`
`Authentication
`
`16
`
`17
`
`
`
`69. Document 3is a performance standards resolution adopted by the 19th
`
`session of the International Maritime Organization and published in a 1996 issue
`
`by that organization
`
`70. Attachment 3a is a true and correct copy of Document 3 (along with
`
`the volume cover, title page, title page verso, and contents pages) from the Los
`
`Angeles Law Library. Attachment 3b is a true and correct copy of the Los
`
`Angeles Law Library series catalog record for the International Maritime
`
`Organization Assembly Resolutions, showing holdings for the 12th through the
`
`24th Assemblies, including therefore the 19th Assembly.
`
`71. Attachment 3a is in a condition that creates no suspicion about its
`
`authenticity. Specifically, the text of Document 3 is not missing any intermediate
`
`pages of the article’s text, the text on each page appears to flow seamlessly from
`
`one page to the next, and there are no visible alterations to the document.
`
`Attachment 3a was found within the custody of a library – a place where if
`
`authentic it would likely be.
`
`72.
`
`I conclude, based on finding Document 3 in a library and in finding
`
`library catalog records for Document 3, that Attachment 3a is an authentic copy of
`
`Document 3.
`
`2.
`
`Public Accessibility
`
`17
`
`18
`
`
`
`73. Attachment 3c as a true and correct copy of the Statewide Illinois
`
`Library Catalog series catalog record for the International Maritime Organization
`
`Assembly Resolutions, showing this series was first published in 1981 and is held,
`
`as a series, by 417 libraries world-wide. Researchers would have had no difficulty
`
`finding copies of the International Maritime Organization Assembly Resolutions.
`
`74. Attachment 3d is a copy of Document 3 from the Library of
`
`Congress. The title page (p. 14 of Attachment 3d) bears a Library of Congress
`
`CIP [Cataloging in Publication] date stamp of 22 September 1997. 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.
`
`Allowing for substantial time between processing in the CIP unit and the book’s
`
`appearance on Library of Congress shelves, where it would be publicly available,
`
`I conclude that Document 3 was publicly available by the mid-year 1998.
`
`75. Attachment 3e as a true and correct copy of the Statewide Illinois
`
`Library Catalog monograph catalog record for the International Maritime
`
`Organization Assembly Resolutions, showing this book was published in 1996
`
`and is held, as a book, by 9 libraries world-wide. Attachment 3e has a date of
`
`Entry of 17 March 1998. I conclude that Document 3 was publicly available in at
`
`least one library by April 1998.
`
`18
`
`19
`
`
`
`76. Attachment 3f is a true and correct copy of a Google Scholar list
`
`identifying 12 documents citing Document 3. One of these documents is
`
`“Technology and the Times,” an introduction by Read Admiral James C. Card to
`
`the Proceedings of the Marine Safety Council, 53, 3 (July-September 1996). The
`
`paper in these Proceedings that cites Document 3 is Attachment 3g, a true and
`
`correct copy of Lieutenant Frank J. Elfring and Irene M. Gonin, “Out of the Fog,”
`
`on pp. 20-25 of the Proceedings Document 3 is the 2nd item in the list of
`
`references on p. 25.
`
`Conclusion
`3.
`77. Based on the evidence presented here—publication in the widely held
`
`series, library processing and cataloging, and citation—it is my opinion that
`
`Document 3 is an authentic document that was publicly available to
`
`researchers by April 1998. The citation evidence presented here indicates that
`
`Document 3 was in actual use by researchers much earlier, at least by September
`
`1996.
`
`Document 4. Hein Sabelis, “Voyage Planning in ECDIS,” International
`Hydrographic Review, 76,2 (September 1999): 41-48.
`
`1.
`
`Authentication
`
`78. Document 4 is a research paper by Hein Sabelis published in the
`
`September 1999 issue of International Hydrographic Review.
`
`19
`
`20
`
`
`
`79. Attachment 4a is a true and correct copy of Document 4 (along with
`
`the volume cover, a list of other publications, inside cover, and contents page)
`
`from the Southern Illinois University Library. Attachment 4b is a true and correct
`
`copy of the that library’s catalog record for International Hydrographic Review
`
`showing holdings for the September 1999 issue of this periodical.
`
`80. Attachment 4a is in a condition that creates no suspicion about its
`
`authenticity. Specifically, Document 4 is not missing any intermediate pages of
`
`the article’s text, the text on each page appears to flow seamlessly from one page
`
`to the next, and there are no visible alterations to the document. Attachment 4a
`
`was found within the custody of a library – a place where if authentic it would
`
`likely be.
`
`81. Attachment 4c is a true and correct copy of the Scopus index record
`
`for Document 4.
`
`82.
`
`I conclude, based on finding Document 4 in a library and in finding
`
`library catalog records and an indexing record for Document 4, that Attachment
`
`4a is an authentic copy of Document 4.
`
`2.
`
`Public Accessibility
`
`83. Attachment 4d as a true and correct copy of the Statewide Illinois
`
`Library Catalog record for International Hydrographic Review, showing this
`
`periodical was first published in 1947 and is held by 150 libraries world-wide.
`
`20
`
`21
`
`
`
`Researchers would have had no difficulty finding copies of International
`
`Hydrographic Review.
`
`84. Attachment 4a, from the Southern Illinois University Library,
`
`includes a library date stamp indicating that the September 1999 issue of
`
`International Hydrographic Review was processed on 15 February 2000. 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.
`
`85. Allowing for some time between the date stamping of the September
`
`1999 issue of International Hydrographic Review and its appearance on library
`
`shelves, where it would be publicly available, it is my opinion that Document 4
`
`was publicly available at least by March 2000.
`
`86. Attachment 4e is a true and correct copy of a paper by Zdzislaw
`
`Kopacz et al., “An Attempt of the Specification of the Ship’s Navigation Process,”
`
`Annual of Navigation, 2 (2001): 97-109. Annual of Navigation; The Journal of
`
`Polish Navigation Forum is an open access De Gruyter publication. Attachment
`
`4d is a true and correct copy of the Kopacz paper available from BazTech, a
`
`bibliographic database containing citations from Polish journals on engineering,
`
`technology, sciences, and the environment. Attachment 4e is available as a PDF
`
`21
`
`22
`
`
`
`download from the BazTech index page for the Kopacz paper,
`
`http://yadda.icm.edu.pl/baztech/element/bwmeta1.element.baztech-article-BAT3-
`
`0024-0098 . The Kopacz cites Document 4 as the 17th item in its list of
`
`references. The Kopacz paper is labeled as having been received at the Annual of
`
`Navigation in October 2000.
`
`Conclusion
`3.
`87. Based on the evidence presented here—publication in the widely held
`
`periodical, online indexing and publication, library processing, and citation—it is
`
`my opinion that Document 4 is an authentic document that was publicly
`
`available to researchers by March 2000. The citation evidence presented here
`
`indicates that Document 4 was in actual use by researchers at least by October
`
`2000.
`
`Document 5. WAN Xiaoxia and GAN Ghukohua, “Electronic chart
`display and information system,” Geo-spatial Information Science, 5,1
`(March 2002): 7-11, 21.
`
`1.
`
`Authentication
`
`88. Document 5 is a research paper by Wan Xiaoxia and Gan Ghukohua
`
`published in the March 2002 issue of Geo-spatial Information Science.
`
`89. Attachment 5a is a true and correct copy of Document 5 (along with
`
`the issue cover, inside cover and contents page, list of editors, and publication
`
`information) from the Library of Congress. Attachment 5b is a true and correct
`
`22
`
`23
`
`
`
`copy of the Library of Congress catalog serial record for Geo-spatial Information
`
`Science showing holdings for volumes 4-7 of this periodical, including volume 5
`
`in which Document 5 was published.
`
`90. Attachment 5a is in a condition that creates no suspicion about its
`
`authenticity. Specifically, Document 5 is not missing any intermediate pages of
`
`the article’s text, the text on each page appears to flow seamlessly from one page
`
`to the next, and there are no visible alterations to the document. Attachment 5a
`
`was found within the custody of a library – a place where if authentic it would
`
`likely be.
`
`91. Geo-spatial Information Science is published by Springer, a major
`
`science publisher, in conjunction with the Wuhan University of Technology.
`
`Attachment 5c is a true and correct copy of the online SpringerLink index record
`
`for Document 5.
`
`92. Attachment 5d is a true and correct copy of the online publication of
`
`Document 5 in SpringerLink.
`
`93.
`
`I conclude, based on finding Document 5 both in a library and online,
`
`and on finding library catalog records and an indexing record for Document 5, that
`
`Attachment 5a is an authentic copy of Document 5.
`
`2.
`
`Public Accessibility
`
`23
`
`24
`
`
`
`94. Attachment 5e as a true and correct copy of the Statewide Illinois
`
`Library Catalog record for Geo-spatial Information Science, showing this
`
`periodical was first published in 1998 and is held by 38 libraries world-wide.
`
`Researchers would have had no difficulty finding copies of Geo-spatial
`
`Information Science.
`
`95. Attachment 5a, from the Library of Congress, includes a mostly
`
`illegible library date stamp (on p 7 of the attachment); under magnification, only
`
`the name Library of Congress can be made out. It is reasonable to infer that the
`
`March 2002 issue of Geo-spatial Information Science was received as part of the
`
`library’s ordinary subscription and that the March 2002 issue would have been
`
`processed and made publicly available at the Library of Congress in the normal
`
`course of the library’s activities, most probably within six months
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
