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`UNITED STATES PATENT AND TRADEMARK OFFICE
`__________________________________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`__________________________________
`
`COMMVAULT SYSTEMS, INC.,
`Petitioner,
`
`v.
`
`REALTIME DATA LLC,
`Patent Owner.
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`Case No. TBD
`U.S. Patent No. 9,054,728
`
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`DECLARATION OF BRIDGET A. SMITH
`
`
`
`
`
`Commvault Ex. 1033
`Commvault v. Realtime
`US Patent No. 9,054,728
`
`
`
`Commvault Systems v. Realtime Data
`IPR Petition - U.S. Patent No. 9,054,728
`I am a partner at Knobbe Martens Olson & Bear LLP, of counsel for
`1.
`
`Petitioner Commvault Systems, Inc. Unless otherwise stated, I have personal
`
`knowledge of the following facts and, if called upon, I could and would testify
`
`competently to them.
`
`Introduction
`
`2.
`
`I am aware that the Internet Archive is a website that provides access
`
`to a digital library of Internet sites in digital form.
`
`3.
`
`The
`
`Internet Archive website
`
`includes
`
`a web
`
`page
`
`(https://archive.org/legal/affidavit.php) with a copy of an unsigned “Standard
`
`Affidavit.” The web page purports to explain what the Internet Archive is, provide
`
`background on the Internet Archive’s Wayback Machine, and summarize how
`
`archived files viewable and browseable by the Wayback Machine are compiled and
`
`how the Internet Archive assigns a URL on its site to the archived files. I printed a
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`copy of the web page with my Chrome web browser, which was configured to
`
`display the title of the file and the print date in the header and the URL in the
`
`footer. Exhibit 1034 is a true and correct copy of the printout.
`
`4.
`
`Exhibit 1034 states that the Internet Archive assigns a URL on its site
`
`to
`
`the archived
`
`files
`
`in
`
`the
`
`format http://web.archive.org/web/[Year
`
`in
`
`yyyy][Month in mm][Day in dd][Time code in hh:mm:ss]/[Archived URL]. Thus,
`
`according
`
`to
`
`the Internet Archive website,
`
`the
`
`Internet Archive URL
`
`-1-
`
`
`
`Commvault Systems v. Realtime Data
`IPR Petition - U.S. Patent No. 9,054,728
`http://web.archive.org/web/19970126045828/http://www.archive.org/ would be the
`
`URL for
`
`the record of
`
`the Internet Archive home page HTML file
`
`(http://www.archive.org/) archived on January 26, 1997 at 4:58 a.m. and 28
`
`seconds (1997/01/26 at 04:58:28). Ex. 1034.
`
`Fax Standard
`
`5. With my Chrome web browser, I navigated to the Internet Archive
`
`website, https://archive.org. I entered “itu.int” into the search field. I was presented
`
`with a display of available dates. I clicked on the box labeled “2000.” I clicked on
`
`the circle for September 2, 2000, and I was presented with a file having the URL
`
`https://web.archive.org/web/20000902003750/http://www.itu.int:80/.
`
`6. Within that file, I clicked on the link labeled “Publications Online.” I
`
`was presented with a file having
`
`the URL https://web.archive.org/web/
`
`20000815053749/http://www.itu.int:80/publications/online.htm.
`
`7. Within
`
`that file, I clicked on
`
`the
`
`link
`
`labeled “Superseded
`
`Recommendations.”
`
`I was presented with a
`
`file having
`
`the URL
`
`https://web.archive.org/web/20000815065937/http://www.itu.int:80/itudoc/itu-t/
`
`rec/obsolete/.
`
`8. Within
`
`that file, I clicked on
`
`the
`
`link
`
`labeled “Series T
`
`Recommendations - Terminal characteristics and higher layer protocols for
`
`-2-
`
`
`
`Commvault Systems v. Realtime Data
`IPR Petition - U.S. Patent No. 9,054,728
`telematic....” I was presented with a file having the URL https://web.archive.org/
`
`web/20000815224739/http://www.itu.int:80/itudoc/itu-t/ rec/obsolete/t/index.html.
`
`9. Within that file, I clicked on the link labeled “[T.4].” I was presented
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`with a file having
`
`the URL https://web.archive.org/web/20000818031318/
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`http://www.itu.int:80/itudoc/itu-t/rec/obsolete/t/t4.html. Exhibit 1035 is a true and
`
`correct copy of the printed file, including the configured header and footer.
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`10. Within the file referenced in paragraph 8, I clicked on the link labeled
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`“[T.30].” I was presented with a file having the URL https://web.archive.org/web/
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`20000818031458/http://www.itu.int:80/itudoc/itu-t/rec/obsolete/t/t30.html. Exhibit
`
`1036 is a true and correct copy of the printed file, including the configured header
`
`and footer.
`
`Alsulaiman
`
`11. Next, with my Chrome web browser, I navigated to the Iowa State
`
`University Library website, http://www.lib.iastate.edu/. I clicked on the menu item
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`“RESEARCH & COLLECTIONS.” Under that menu item, I clicked on the menu
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`item “Digital Repository @ Iowa State University.” I was presented with a file
`
`having the URL http://lib.dr.iastate.edu/.
`
`12. Within that file, I clicked on the link labeled “Iowa State University
`
`Theses and Dissertations.” I was presented with a file having the URL
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`http://lib.dr.iastate.edu/etd/.
`
`-3-
`
`
`
`Commvault Systems v. Realtime Data
`IPR Petition - U.S. Patent No. 9,054,728
`13. Within that file, I clicked on the link labeled “Electrical and Computer
`
`Engineering.”
`
`I was
`
`presented with
`
`a
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`file
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`having
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`the URL
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`http://lib.dr.iastate.edu/ece_etd/.
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`14. Within that file, I clicked on the link labeled “>,” until I was presented
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`with a file having the URL, http://lib.dr.iastate.edu/ece_etd/index.8.html.
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`15. Within that file, I clicked on the link labeled “An investigation of
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`storage and communication codes for an electronic library, Mansour Alsulaiman.”
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`I was presented with a file having the URL http://lib.dr.iastate.edu/rtd/8608/. I
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`printed a copy of the file with my web browser. Exhibit 1037 is a true and correct
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`copy of the printed file, including the configured header and footer.
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`16. Within that file, I clicked on the link labeled “Download.” Exhibit
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`1020 embodies a true and correct copy of the retrieved document.
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`17. The document embodied in Exhibit 1020 is searchable with the
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`Google web indexing service. With my Chrome web browser, I navigated to
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`https://www.google.com. I entered the following string into the search box:
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`“modified Huffman” “modified READ” “compression time.” I then clicked
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`“Google Search.” I printed a copy of the first page of search results. Exhibit 1038
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`is a true and correct copy that page. The fifth item in the search results links to the
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`document embodied in Exhibit 1020.
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`-4-
`
`
`
`Commvault Systems v. Realtime Data
`IPR Petition - U.S. Patent No. 9,054,728
`18. Exhibit 1039 is a collection of documents. Pages 1 and 2 of Exhibit
`
`1039 reflect screenshots provided to me of the OCLC record for the document
`
`embodied in Exhibit 1020. Page 3 is a printout of the file having the URL
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`https://www.oclc.org/bibformats/en/fixedfield/oclc.html made from my Firefox
`
`web browser. This page explains the “OCLC” field of the OCLC record. Page 4 is
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`a printout of the file having the URL https://www.oclc.org/bibformats/en/
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`fixedfield/entered.html made from my Firefox web browser. This page explains the
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`“Date Entered” field of the OCLC record. Pages 5–13 are a printout of the file
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`having the URL https://www.oclc.org/bibformats/en/0xx/ 050.html made from my
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`Firefox web browser. This page explains the “050” field of the OCLC record.
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`Conclusion
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`19.
`
`I declare that all statements made herein of my own knowledge are
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`true and that all statements made on information and belief are believed to be true,
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`and further that these statements were made with the knowledge that willful, false
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`statements and the like so made are punishable by fine or imprisonment, or both,
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`under Section 1001 of Title 18 of the United States Code.
`
`
`
`Executed on September 25, 2017
`
`
`
`______________________________
`
`Bridget A. Smith
`Irvine, California
`
`26548012
`
`-5-
`
`
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