`
`(cid:56)(cid:49)(cid:44)(cid:55)(cid:40)(cid:39)(cid:3)(cid:54)(cid:55)(cid:36)(cid:55)(cid:40)(cid:54)(cid:3)(cid:51)(cid:36)(cid:55)(cid:40)(cid:49)(cid:55)(cid:3)(cid:36)(cid:49)(cid:39)(cid:3)(cid:55)(cid:53)(cid:36)(cid:39)(cid:40)(cid:48)(cid:36)(cid:53)(cid:46)(cid:3)(cid:50)(cid:41)(cid:41)(cid:44)(cid:38)(cid:40)(cid:3)
`(cid:66)(cid:66)(cid:66)(cid:66)(cid:66)(cid:66)(cid:66)(cid:66)(cid:66)(cid:66)(cid:66)(cid:66)(cid:66)(cid:66)(cid:66)(cid:66)(cid:66)(cid:3)
`
`(cid:37)(cid:40)(cid:41)(cid:50)(cid:53)(cid:40)(cid:3)(cid:55)(cid:43)(cid:40)(cid:3)(cid:51)(cid:36)(cid:55)(cid:40)(cid:49)(cid:55)(cid:3)(cid:55)(cid:53)(cid:44)(cid:36)(cid:47)(cid:3)(cid:36)(cid:49)(cid:39)(cid:3)(cid:36)(cid:51)(cid:51)(cid:40)(cid:36)(cid:47)(cid:3)(cid:37)(cid:50)(cid:36)(cid:53)(cid:39)(cid:3)
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`(cid:66)(cid:66)(cid:66)(cid:66)(cid:66)(cid:66)(cid:66)(cid:66)(cid:66)(cid:66)(cid:66)(cid:66)(cid:66)(cid:66)(cid:66)(cid:66)(cid:66)(cid:3)
`
`(cid:38)(cid:36)(cid:57)(cid:44)(cid:56)(cid:48)(cid:15)(cid:3)(cid:44)(cid:49)(cid:38)(cid:17)(cid:3)
`CAVIUM, INC.
`(cid:51)(cid:72)(cid:87)(cid:76)(cid:87)(cid:76)(cid:82)(cid:81)(cid:72)(cid:85)(cid:15)(cid:3)
`Petitioner,
`
`(cid:89)(cid:17)(cid:3)(cid:3)
`
`Patent Owner
`
`(cid:36)(cid:47)(cid:36)(cid:38)(cid:53)(cid:44)(cid:55)(cid:40)(cid:38)(cid:43)(cid:15)(cid:3)(cid:44)(cid:49)(cid:38)(cid:17)(cid:3)
`ALACRITECH, INC.
`(cid:51)(cid:68)(cid:87)(cid:72)(cid:81)(cid:87)(cid:3)(cid:50)(cid:90)(cid:81)(cid:72)(cid:85)(cid:3)
`(cid:66)(cid:66)(cid:66)(cid:66)(cid:66)(cid:66)(cid:66)(cid:66)(cid:66)(cid:66)(cid:66)(cid:66)(cid:66)(cid:66)(cid:66)(cid:66)(cid:66)(cid:66)(cid:66)(cid:66)(cid:66)(cid:3)
`(cid:38)(cid:68)(cid:86)(cid:72)(cid:3)(cid:44)(cid:51)(cid:53)(cid:17)(cid:3)(cid:49)(cid:82)(cid:17)(cid:3)(cid:56)(cid:81)(cid:68)(cid:86)(cid:86)(cid:76)(cid:74)(cid:81)(cid:72)(cid:71)(cid:3)(cid:3)
`Case IPR. No. Unassigned
`(cid:56)(cid:17)(cid:54)(cid:17)(cid:3)(cid:51)(cid:68)(cid:87)(cid:72)(cid:81)(cid:87)(cid:3)(cid:49)(cid:82)(cid:17)(cid:3)(cid:26)(cid:15)(cid:20)(cid:21)(cid:23)(cid:15)(cid:21)(cid:19)(cid:24)(cid:3)
`US. Patent No. 7,124,205
`(cid:55)(cid:76)(cid:87)(cid:79)(cid:72)(cid:29)(cid:3)(cid:49)(cid:40)(cid:55)(cid:58)(cid:50)(cid:53)(cid:46)(cid:3)(cid:44)(cid:49)(cid:55)(cid:40)(cid:53)(cid:41)(cid:36)(cid:38)(cid:40)(cid:3)(cid:39)(cid:40)(cid:57)(cid:44)(cid:38)(cid:40)(cid:3)(cid:55)(cid:43)(cid:36)(cid:55)(cid:3)(cid:41)(cid:36)(cid:54)(cid:55)(cid:16)(cid:51)(cid:36)(cid:55)(cid:43)(cid:3)
`(cid:51)(cid:53)(cid:50)(cid:38)(cid:40)(cid:54)(cid:54)(cid:40)(cid:54)(cid:3)(cid:54)(cid:50)(cid:47)(cid:44)(cid:38)(cid:44)(cid:55)(cid:40)(cid:39)(cid:3)(cid:54)(cid:40)(cid:54)(cid:54)(cid:44)(cid:50)(cid:49)(cid:3)(cid:47)(cid:36)(cid:60)(cid:40)(cid:53)(cid:3)(cid:53)(cid:40)(cid:36)(cid:39)(cid:3)(cid:38)(cid:50)(cid:48)(cid:48)(cid:36)(cid:49)(cid:39)(cid:54)(cid:3)
`
`Title: NETWORK INTERFACE DEVICE THAT FAST-PATH
`
`PROCESSES SOLICITED SESSION LAYER READ COMMANDS
`
`(cid:39)(cid:40)(cid:38)(cid:47)(cid:36)(cid:53)(cid:36)(cid:55)(cid:44)(cid:50)(cid:49)(cid:3)(cid:50)(cid:41)(cid:3)(cid:44)(cid:49)(cid:42)(cid:53)(cid:44)(cid:39)(cid:3)(cid:43)(cid:54)(cid:44)(cid:40)(cid:43)(cid:16)(cid:60)(cid:40)(cid:40)(cid:15)(cid:3)(cid:51)(cid:75)(cid:17)(cid:39)(cid:3)
`DECLARATION OF INGRID HSIEH-YEE, Ph.D
`
`INTEL EX. 1409.001
`
`INTEL EX. 1409.001
`
`
`
`I, Ingrid Hsieh-Yee, declare as follows:
`
`1.
`
`I have been retained as an independent expert witness on behalf
`
`of Cavium Inc. (“Cavium”) related to Inter Partes Review IPR2017-01734 of
`
`U.S. Patent No. 7,124,205.
`
`2.
`
`I am being compensated for my work in this matter at my
`
`accustomed hourly rate of $160.00. I am also being reimbursed for
`
`reasonable and customary expenses associated with my work and testimony
`
`in this investigation. My compensation is not contingent on the results of my
`
`study, the substance of my opinions, or the outcome of this matter.
`
`3.
`
`In the preparation of this declaration I have reviewed the
`
`exhibits referenced below, each of which is a type of material that experts in
`
`my field would reasonably rely upon when forming their opinions:
`
`(1) select pages of Protocols for X/Open PC Interworking: SMB,
`
`Version 2 (“SMB Publication”) held at the Radcliffe Science
`
`Library at the University of Oxford; Exhibit CAVIUM 1079.
`
`(2) Sworn Affidavit of Edward John Pickard; Exhibit CAVIUM
`
`1078.
`
`(3) MARC record for “SMB Publication” retrieved from the online
`
`catalog of the University of Oxford at https://solo-aleph-
`
`INTEL EX. 1409.002
`
`
`
`prd.bodleian.ox.ac.uk/?func=direct&doc_number=010822643&for
`
`mat=001&local_base=BIB01; Exhibit CAVIUM 1082.
`
`(4) Holdings record for “SMB Publication” held at the University of
`
`Oxford; Exhibit CAVIUM 1081.
`
`(5) MARC record for “SMB Publication” retrieved from the online
`
`catalog of the British Library at
`
`http://primocat.bl.uk/F/?func=direct&local_base=PRIMO&doc_nu
`
`mber=008158179&format=001&con_lng=eng&_ga=2.97852191.
`
`1056867193.1512088007-1701516937.1512088007; Exhibit
`
`CAVIUM 1083.
`
`(6) MARC record for “SMB Publication” retrieved from the online
`
`catalog of the National Library of Scotland at http://main-
`
`cat.nls.uk/vwebv/staffView?searchId=1169&recPointer=0&recCo
`
`unt=25&searchType=1&bibId=1911180; Exhibit CAVIUM 1084
`
`(7) MARC record for “SMB Publication” retrieved from the online
`
`catalog of Trinity College Dublin at
`
`http://library.catalogue.tcd.ie/search~S9?/tprotocols+for+X%2FOp
`
`en+PC+interworking+SMB+version+2/tprotocols+for+x+open+pc
`
`+interworking+smb+version++++++++2/1%2C1%2C1%2CB/mar
`
`INTEL EX. 1409.003
`
`
`
`c&FF=tprotocols+for+x+open+pc+interworking+smb+version++
`
`++++++2&1%2C1%2C; Exhibit CAVIUM 1085
`
`4.
`
`In forming the opinions expressed within this declaration, I
`
`have considered
`
`(1) The documents listed above;
`
`(2) The reference materials cited herein; and
`
`(3) My own academic background and professional experiences, as
`
`described below.
`
`5.
`
`My complete qualifications and professional experience are
`
`described in my curriculum vitae, a copy of which is attached as Appendix
`
`A. The following is a brief summary of my relevant qualifications and
`
`professional experience.
`
`6.
`
`I am currently a Professor in the Department of Library and
`
`Information Science at the Catholic University of America. I have
`
`experience working in an academic library, a medical library, and a
`
`legislative library and have been a professor for 27 years. I hold a Ph.D. in
`
`Library and Information Studies from the University of Wisconsin-Madison
`
`and a Masters in Library and Information Studies from the University of
`
`Wisconsin-Madison.
`
`INTEL EX. 1409.004
`
`
`
`7.
`
`I am an expert on library cataloging and classification and have
`
`published two books on this subject, Organizing Audiovisual and Electronic
`
`Resources for Access: A Cataloging Guide (2000, 2006). I teach a variety of
`
`courses in the area of information organization and access, including
`
`“Cataloging and Classification,” “Advanced Cataloging and Classification,”
`
`“Organization of Internet Resources,” “Internet Searches and Web Design,”
`
`“Advanced Information Retrieval and Analysis Strategies,” “Digital Content
`
`Creation and Management,” and “Information Literacy Instruction.” My
`
`research interests cover cataloging and classification, information
`
`organization, metadata, information retrieval, information architecture,
`
`digital collections, scholarly communication, digital scholarship, data
`
`management, user interaction with information systems, and others.
`
`8.
`
`I am fully familiar with a library cataloging encoding standard
`
`known as the “Machine-Readable Cataloging” standards, also known as
`
`“MARC.” The standards were developed by Henriette Avram in the 1960s
`
`for libraries to create and share bibliographic records. MARC became the
`
`national standard for sharing bibliographic data in the United States by 1971
`
`and the international standard by 1973. It is the primary metadata
`
`transmission standard for the transfer and storage of bibliographic metadata
`
`INTEL EX. 1409.005
`
`
`
`in libraries. Experts in my field would reasonably rely upon MARC records
`
`when forming their opinions.
`
`9.
`
`The MARC standards define the field designation, structure and
`
`content designation of MARC records. A MARC bibliographic record
`
`consists of fields, and each field provides specific information, such as
`
`author, about the item represented by the record. MARC uses a simple three-
`
`digit numeric code to identify each field, and most fields have field-specific
`
`indicators and subfields. Appendix B is a copy of Parts 7 to 10 of
`
`“Understanding MARC Bibliographic” (http://www.loc.gov/marc/umb/)
`
`from the Library of Congress that explains commonly used MARC fields.
`
`For example, the personal author of a publication is recorded in Field 100,
`
`the title is recorded in Field 245, information about the place of publication
`
`and publisher is recorded in Field 260, the physical format and
`
`characteristics of a publication are recorded in Field 300, and topical
`
`information is recorded as subject headings in Field 650 (Field 650 can be
`
`repeated to encode multiple topics).
`
`10.
`
`Library online catalogs are based on MARC records that
`
`represent their collections to help the public understand what materials are
`
`publicly accessible in those libraries. Most libraries with online catalogs
`
`have made their catalogs freely available on the Web. These online catalogs
`
`INTEL EX. 1409.006
`
`
`
`offer user-friendly search interfaces, often in the form of a single search box,
`
`to support searching by author, title, subject, keywords and other data
`
`elements. They also offer features for users to narrow their search results by
`
`language, year, format, and other elements. Many libraries display MARC
`
`records on their online catalogs with labels for the data elements to help the
`
`public interpret MARC records. Many libraries also offer an option to
`
`display MARC records in MARC fields. For publications such as
`
`monographs, after a MARC record is created and made searchable on a
`
`library catalog, it is customary library practice to have the physical volume
`
`processed for public access soon after, usually within a week.
`
`11.
`
`I am personally familiar with many online catalogs, databases,
`
`and search engines. In preparing for this declaration I used authoritative
`
`information systems such as WorldCat (http://www.worldcat.org), the online
`
`catalog of the University of Oxford, SOLO (Search Oxford Libraries
`
`Online),
`
`(http://solo.bodleian.ox.ac.uk/primo_library/libweb/action/search.do), the
`
`online catalog of the British Library
`
`(http://explore.bl.uk/primo_library/libweb/action/search.do?vid=BLVU1),
`
`the online catalog of the National Library of Scotland
`
`(http://www.nls.uk/catalogues/) and the online catalog of Trinity College
`
`INTEL EX. 1409.007
`
`
`
`Dublin (http://library.catalogue.tcd.ie) to search for records. These records
`
`are identified and discussed in this declaration. Experts in the field would
`
`reasonably rely on the data described herein to form their opinions.
`
`12. Exhibit CAVIUM 1079 is a true and accurate copy of select
`
`pages of the copy of “SMB Publication” held at the Radcliffe Science
`
`Library at the University of Oxford, according to the sworn affidavit of
`
`Edward Pickard (Exhibit CAVIUM 1080). Upon my request, Mr. Pickard
`
`visited the Radcliffe Science Library on November 28, 2017 to access the
`
`“SMB Publication” and followed my instructions to review the entirety of
`
`the publication, compare the publication to Exhibit CAVIUM 1055, and
`
`scan the front cover, title page, copyright page, and table of contents from
`
`“SMB Publication” while it was in his possession. The cover of Exhibit
`
`CAVIUM 1079 shows “Protocols for X/Open PC Interworking: SMB,
`
`Version 2” as the title and “X/Open” at the bottom of the page. “CAE
`
`specification” is presented above the title. This cover page of Exhibit
`
`CAVIUM 1079 is identical to the cover page from the copy held at the
`
`British Library (page 002 of Exhibit CAVIUM 1074), and is further
`
`identical to page 535 of Exhibit CAVIUM 1055. The only difference is the
`
`Radcliffe copy has a bar code “753423356.” This cover page from Exhibit
`
`CAVIUM 1079, however, is different from page 001 of Exhibit CAVIUM
`
`INTEL EX. 1409.008
`
`
`
`1055 in that the Exhibit CAVIUM 1055 cover has “Technical Standard”
`
`above the title, “The Open Group” at the bottom of the cover, and a different
`
`image with an “X” trademark and “Technical Standard” on it.
`
`13. On the title page of Exhibit CAVIUM 1079, “X/Open
`
`Company Ltd.” appears in the area typically reserved for authors, suggesting
`
`it is responsible for the creation of this publication, and “X/Open CAE
`
`Specification” is presented on top of the title. This title page of Exhibit
`
`CAVIUM 1079 is identical to the title page from the copy held at the British
`
`Library (page 003 of Exhibit CAVIUM 1074), and is further identical to
`
`page 536 of Exhibit CAVIUM 1055, except the latter two have a mark
`
`“#39359.” This title page of Exhibit CAVIUM 1079 is also identical to page
`
`003 of Exhibit CAVIUM 1055.
`
`14.
`
`The copyright page of Exhibit CAVIUM 1079 is identical to
`
`the copyright page from the copy held at the British Library (page 004 of
`
`Exhibit CAVIUM 1074), except that the former has a date stamp “5 Nov
`
`1992 Bodleian Library” indicating the date when the Bodleian Library
`
`received the publication, and another date stamp “22 JUL 1993 Bodleian
`
`Library Radcliffe” indicating the date when the Radcliffe Science Library
`
`received it, while the latter shows a shelfmark “YK.1995.b.1068” and a date
`
`INTEL EX. 1409.009
`
`
`
`stamp “Oct 29 92 British Library.”1 . The Bodleian Library is the main
`
`research library of the University of Oxford and the largest library of the
`
`Bodleian Libraries, the library group that includes about 40 libraries that
`
`serve the University of Oxford. The Radcliffe Science Library is the main
`
`teaching and research science library at the University of Oxford. It is part of
`
`the Bodleian Libraries and holds Legal Deposit material for the sciences.
`
`Members of the Bodleian Libraries share a library catalog, SOLO (Search
`
`Oxford Libraries Online), that covers the majority of library collections of
`
`the University of Oxford. The reason for the two date stamps is that the
`
`Bodleian Library is one of UK’s five designated deposit libraries, and Legal
`
`deposit publications are received at the Bodleian Library first, then sent on
`
`to subject libraries, such as the Radcliffe Science Library. The date stamps
`
`on the copyright page of Exhibit CAVIUM 1079 inform me that the book
`
`was first received at the Bodleian Library on November 5, 1992. After it was
`
`cataloged and processed, it was sent to the Radcliffe Science Library on July
`
`22, 1993 because Radcliffe holds medical and scientific collections of the
`
`University of Oxford. The copyright page of Exhibit CAVIUM 1079, except
`
`1 My finding is consistent with the testimony of Ms. Seema Rampersad of
`
`the British Library. See Exhibit CAVIUM 1074, p. 001.
`
`INTEL EX. 1409.010
`
`
`
`for date stamps and shelfmark, is also identical to page 004 and page 537 of
`
`Exhibit CAVIUM 1055.
`
`15.
`
`The six pages of the table of contents in Exhibit CAVIUM 1079
`
`are identical to pages 005 to 010 of Exhibit CAVIUM 1074 and are further
`
`identical to pages 005 to 010, and pages 538 to 543, of Exhibit CAVIUM
`
`1055.
`
`16.
`
`The title page, copyright page, and the table of contents of
`
`Exhibit CAVIUM 1079 are identical to corresponding pages in Exhibit
`
`CAVIUM 1074 and Exhibit CAVIUM 1055. The cover of Exhibit
`
`CAVIUM 1079 and that of Exhibit CAVIUM 1074 are the same, while the
`
`cover of Exhibit CAVIUM 1055 does not include the series title above the
`
`main title and has “The Open Group” at the bottom of the cover.
`
`17.
`
`These results of my review are identical to Mr. Pickard’s report
`
`in his sworn affidavit (Exhibit CAVIUM 1078). In addition, Mr. Pickard
`
`states that he personally observed, during his review of the publication in the
`
`Radcliffe Science Library reading room, that “the remaining pages of the
`
`SMB Publication … are identical to pages 011-534 of Exhibit CAVIUM-
`
`1055” with two minor exceptions. The customary practice of the publishing
`
`industry is to incorporate minor changes such as corrections of typos in new
`
`printings and produce a new edition only when substantial changes warrant
`
`INTEL EX. 1409.011
`
`
`
`it. The library community shares this understanding and that is why no new
`
`cataloging records are created for subsequent printings of the same
`
`publication after it was first published. Based on the data and records above,
`
`it is my opinion that the publication in the Radcliffe Science Library and
`
`Exhibit CAVIUM 1055 are the same book printed by the publisher at
`
`different times but the body of the text remains the same.
`
`18. Exhibit CAVIUM 1082 is a true and accurate copy of the
`
`MARC record for the copy of “SMB Publication” at the Radcliffe Science
`
`Library. I personally located this record in SOLO, the library catalog shared
`
`by the Bodleian Libraries of the University of Oxford, on November 15,
`
`2017 and retrieved the record again on November 30, 2017 for this
`
`declaration. Records like this are the ones experts in my field would
`
`reasonably rely upon when forming their opinion.
`
`19.
`
`The first six digits of Field 008 of Exhibit CAVIUM 1082
`
`indicates the record creation date and shows this MARC record was created
`
`on “921214” (i.e., December 14, 1992). Field 040 shows “ED/N-1” was the
`
`library that created this record and the University of Oxford library adopted
`
`the record for their catalog system on December 14, 1992. “ED/N-1” is the
`
`library code for the National Library of Scotland, according to the Directory
`
`of Library Codes—British Library (http://www.bl.uk/librarycodes/). In
`
`INTEL EX. 1409.012
`
`
`
`American academic libraries new publications are typically available within
`
`one week after record creation. The volume of materials to process at the
`
`library of the University of Oxford may take more than a week for cataloged
`
`materials to become available to the public. My conservative estimate is that
`
`the University of Oxford copy of the “SMB Publication” would have been
`
`available for public access at the Radcliffe Science Library no later than July
`
`of 1993, seven months after record creation.
`
`20.
`
`Field 015 (for national bibliography number outside the United
`
`States) shows the publication has been assigned a British National
`
`Bibliography (BNB) Number “GB 93-1377.” The structure of the BNB
`
`number is “GByynnnnn” where “GB” is a fixed literal GB, “yy” is “the last
`
`two digits of the year the record was created” and “nnnnn” is “a running
`
`number starting at 00001 each year,” according to “The Structure of the
`
`BNB Number” (Appendix C). “GB 93-1377” therefore refers to Record
`
`1377 created in 1993.
`
`21.
`
`The BNB Number is an important identifier because the British
`
`National Bibliography records the publishing activities of the United
`
`Kingdom and the Republic of Ireland. “The British National Bibliography”
`
`(Appendix D) explains that “new books and serials have been recorded in
`
`the British National Bibliography (BNB) since 1950. The BNB is the single
`
`INTEL EX. 1409.013
`
`
`
`most comprehensive listing of UK titles. UK and Irish publishers are obliged
`
`by law to send a copy of all new publications, including serial titles, to the
`
`Legal Deposit Office of the British Library. This material is catalogued by
`
`experienced staff in accordance with international standards for resource
`
`description and access. This work is done in partnership with the five other
`
`British and Irish libraries allowed by law the privilege of legal deposit, under
`
`the Legal Deposit Libraries Shared Cataloguing Programme (LDLSCP).”
`
`22.
`
`Field 020 (for International Standard Book Number) of Exhibit
`
`CAVIUM 1082 shows the SMB Publication’s ISBN as “1872630456,”
`
`which matches the ISBN on the copyright page of Exhibit CAVIUM 1079,
`
`the copyright page from the copy held at the British Library (page 004 of
`
`Exhibit CAVIUM 1074) and pages 004 and 537 of Exhibit CAVIUM 1055.
`
`Field 110 shows a corporate body, X/Open Company, is the creator of this
`
`publication. Field 245 identifies the title as “Protocols for X/Open PC
`
`interworking : SMB” and Field 250 identifies the publication as “Version 2.”
`
`Field 260 shows X/Open Company of Reading published the book in 1992
`
`with a copyright date of 1992. Field 650 shows the book has been assigned a
`
`Library of Congress subject heading to indicate it is about the
`
`“Specifications” of “User interfaces (Computer systems).” Field 830 shows
`
`the book is part of the “CAE specification” series.
`
`INTEL EX. 1409.014
`
`
`
`23. Exhibit CAVIUM 1081 shows the holdings information of the
`
`“SMB Publication” and indicates it is held at the Radcliffe Science Library,
`
`stored offsite, with a call number “M93.C01378 (Box B000000182375)”
`
`and a bar code “753423356” as marked on the cover of Exhibit CAVIUM
`
`1079. Exhibit CAVIUM 1081 also indicates the book status is “Closed
`
`Stack” meaning the Radcliffe Science Library copy needs to be requested
`
`and brought to the reading room for onsite use.
`
`(cid:3)(cid:4)(cid:2) Exhibit CAVIUM 1083 is a true and accurate copy of the
`
`MARC record from the online catalog of the British Library. I personally
`
`located this record on November 15, 2017 and again on November 30, 2017,
`
`which experts in my field would reasonably rely on when forming their
`
`opinions. Subfield a of Field 040 shows “StEdNL” was the original creator
`
`of this record and subfield d shows “Uk” modified the record. “Uk” is the
`
`library code of the British Library and “StEdNL” is the code of the National
`
`Library of Scotland, according to “MARC codes for organisations in the UK
`
`and its dependencies (last updated 01 November 2017)
`
`(https://www.bl.uk/bibliographic/pdfs/marc-codes-directory.pdf). Data in
`
`Field 040 show that the British Library decided to modify the MARC record
`
`from the National Library of Scotland to have a record for the “SMB
`
`Publication” and the record modification date is “940314” (i.e., March 14,
`
`INTEL EX. 1409.015
`
`
`
`1994. The 1994 record would replace any earlier record created after the
`
`British Library received the book on October 29, 1992. See infra ¶14.(cid:1)
`
`25.
`
`Field 015 of Exhibit CAVIUM 1083 shows the BNB number
`
`of this title to be “GB9301377.” Field 020 shows the ISBN as
`
`“1872630456.” Field 245 shows “Protocols for X/Open PC interworking :
`
`SMB, Version 2” as the title, Field 260 shows X/Open of Reading as the
`
`publisher and subfield c shows the book has a 1992 copyright date. Field
`
`650 has a Library of Congress subject heading to indicate the title is about
`
`the “Specifications” of “User interfaces (Computer systems)” and Field 653
`
`shows two uncontrolled index terms “computers” and “networks” are
`
`assigned to this title. Field 830 shows “CAE specification” as the series to
`
`which “SMB Publication” belongs. Field 852 shows the shelfmark of this
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`title.
`
`26.
`
`Libraries may acquire the same book but catalog it differently
`
`because of different interpretations of data. Exhibit 1082 (the Oxford MARC
`
`record) and Exhibit 1083 (the British Library MARC record) contain the
`
`same British National Bibliography number (Field 015), the same ISBN
`
`(Field 020), the same title (Field 245), the same publisher (Field 260), the
`
`same physical description (Field 300), the same note on bibliography and
`
`index (Field 504), the same subject heading (Field 650), and the same series
`
`INTEL EX. 1409.016
`
`
`
`title (Field 830). In Exhibit 1082, the cataloger at the University of Oxford
`
`treated X/Open Company as the corporate author and encoded it in Field
`
`110, while in Exhibit 1083 the cataloger at the British Library treated
`
`X/Open Company as a corporate body from which the book emanated and
`
`encoded it in Field 710. These MARC records contain some data elements
`
`specific to their libraries, which is a customary library practice, and Exhibit
`
`1083 has Fields 336, 337, 338 to reflect a new cataloging practice. These
`
`details inform my opinion that these MARC records represent the same
`
`book.
`
`27. Exhibit CAVIUM 1084 is a true and accurate copy of the
`
`MARC record from the online catalog of the National Library of Scotland. I
`
`personally located this record on November 15, 2017, and again on
`
`November 30, 2017, and it is a record which experts in my field would
`
`reasonably rely on when forming their opinions. Because this MARC record
`
`was used as the basis for the Oxford MARC record (Exhibit CAVIUM
`
`1082) and the British Library MARC record (Exhibit CAVIUM 1083), I
`
`focused on the date when this record was created. Field 008 informs me the
`
`record was created on “921124” (i.e., November 24, 1992). It is customary
`
`library practice to make new publications available to the public as soon as
`
`the cataloging record is completed. In academic libraries, new publications
`
`INTEL EX. 1409.017
`
`
`
`are typically available within one week after record creation. The volume of
`
`materials to process at the National Library of Scotland may take more than
`
`a week for cataloged materials to become available to the public. My
`
`conservative estimate is that the National Library of Scotland copy of the
`
`“SMB Publication” would have been available for public access no later than
`
`June of 1993, six months after record creation.
`
`28. Exhibit CAVIUM 1085 is a true and accurate copy of the
`
`MARC record from the online catalog of Trinity College Dublin. I
`
`personally located this record on November 13, 2017, and again on
`
`November 30, 2017, and it is a record which experts in my field would
`
`reasonably rely on when forming their opinions. Field 040 informs me this
`
`record was based on the MARC record of the National Library of Scotland
`
`and completed on “921214” (i.e., December 14, 1992). As a major academic
`
`library in Ireland, the Library of Trinity College Dublin may have a large
`
`amount of materials to process. My conservative estimate is that the Trinity
`
`College copy of the “SMB Publication” would have been available to the
`
`public no later than June 1993, six months after record creation.
`
`29.
`
`The National Library of Scotland and the Library of Trinity
`
`College Dublin are two other designated UK deposit libraries, so it would be
`
`likely for them to receive the legal deposit copy of Protocols for X/Open PC
`
`INTEL EX. 1409.018
`
`
`
`interworking: SMB, Version 2 around the same time when the Bodleian
`
`Library received its copy in November 1992. The Agency for the Legal
`
`Deposit Libraries is located in the National Library of Scotland, and that
`
`may explain why the National Library of Scotland was the first library to
`
`create the cataloging record for the “SMB Publication.”
`
`30.
`
`The dates of these MARC records inform my opinion that the
`
`British Library received the “SMB Publication” in October 1992 and
`
`subsequently cataloged it for public access.2 The National Library of
`
`Scotland created a MARC record for the book in November 1992, which
`
`was used by the University of Oxford library and the Library of Trinity
`
`College Dublin to create their MARC records in December 1992, and by the
`
`British Library to create a new MARC record in March 1994. The BNB
`
`Number confirms this title was deposited in the BNB system in 1993. These
`
`data inform my opinion that even if it took these libraries six or seven
`
`months after cataloging work was completed to process their copies for
`
`public access, Protocols for X/Open PC interworking: SMB, Version 2
`
`would have been available as early as April 1993 at the British Library after
`
`the cataloging was completed. The book would have been available to the
`
`2 My opinion is also consistent with the testimony of Ms. Seema Rampersad
`
`of the British Library. See Exhibit CAVIUM 1074, p. 001.
`
`INTEL EX. 1409.019
`
`
`
`public at the National Library of Scotland and the Library of Trinity College
`
`Dublin no later than June 1993, and at the Radcliffe Science Library no later
`
`than July 1993. The 1992 British Library record for this publication was
`
`superseded by the 1994 record but I could not locate the 1992 record. If the
`
`1994 record were the only source for the date of cataloging work at the
`
`British Library, it would be my opinion that the British Library copy of the
`
`Protocols for .XYOpen PC z'nterworking: SMB, Version 2 would have been
`
`available for public access no later than September 1994, six months after
`
`the British Library modified the record originally created by the National
`
`Library of Scotland.
`
`31.
`
`I declare that all statements made herein on my own knowledge
`
`are true, and further, that these statements were made with the knowledge
`
`that willful false statements and the like so made are punishable by fine or
`
`imprisonment, or both, under Section 1001 of Title 18 of the United States
`
`Code.
`
`Executed on:
`
`/c-? *- é/ " "LO/I 7
`
`‘ «7 /c7/;;;//.,_,.—ZM--—
`A .
`
`
`Ingri Hsieh-Yee, PhD
`
`INTEL EX. 1409.020
`
`INTEL EX. 1409.020
`
`
`
`Appendix A
`Appendix A
`
`INTEL EX. 1409.021
`
`INTEL EX. 1409.021
`
`
`
`Ingrid Hsieh-Yee
`Professor
`Dept. of Library and Information Science
`Catholic University of America
`Washington, D.C. 20064
`E-mail: hsiehyee@cua.edu
`Phone: (202) 319-5085
`Fax: (202) 319-5574
`
`Education
`
`Ph.D. Library and Information Studies, University of Wisconsin-Madison
`Minors: Sociology and Psychology
`
`M.A. Library and Information Studies, University of Wisconsin-Madison.
`
`M.A. Comparative Literature, University of Wisconsin-Madison.
`
`B.A. Foreign Languages and Literature, National Taiwan University.
`
`Work Experience
`
`Professor, School/Dept. of Library and Information Science, Catholic University of America,
`2004- (Assistant Professor, 1990-1996; Associate Professor, 1997-2004)
`
`Co-Chair, Dept. of Library and Information Science, Catholic University of America, June 2015-
`August 2016.
`
`Acting Dean, School of Library and Information Science, Catholic University of America,
`January 2010-June 2012.
`
`Cataloger, Dept. of Legislative Reference Library, Annapolis, Maryland, 1989-1990.
`
`Lecturer, School of Library and Information Studies, University of Wisconsin-Madison, 1988.
`
`Teaching Assistant, School of Library and Information Studies, University of Wisconsin-
`Madison, 1986-1988.
`
`Cataloger, Health Sciences Library, University of Wisconsin-Madison, 1984-1986.
`
`Areas of Teaching and Research Interests
`
`Information Organization and Access; Metadata; Cataloging & Classification; Information
`Architecture; Information Retrieval; Digital Collections; Scholarly Communication; Information
`
`INTEL EX. 1409.022
`
`
`
`Behavior; Health Informatics; Human Computer Interaction; Usability Studies
`
`2
`
`Grants & Honors
`
`Cultural Heritage Information Management Project. IMLS grant. Amount: $498,741. Period:
`Aug. 2012 to July 2015. Co-PI with Dr. Youngok Choi.
`
`D.C. Health Information Technology (HIT4): Building Capacity & Providing Access in Our
`Nation’s Capital. Dept. of Labor H2B Training Grant. Grant amount: $4,175,500. Grant
`period: Nov. 2011 to Dec. 2015. Partner with the Metropolitan School of Professional
`Studies of the Catholic University of America, Children’s National Medical Center, D.C.
`Department of Employment Services, Holy Cross Hospital, Howard University, Center
`for Urban Progress, Providence Hospital, and Sibley Memorial Hospital.
`
`Capital Health Careers Project. Department of Labor Healthcare Sector and Other High Growth
`and Emerging Industries Grant. Grant amount: $4,953,999. Grant period: March 2010 –
`February 2013. Awarded to a group of healthcare organizations and educational
`institutions in Washington, D.C. Providence Health Foundation of Providence Hospital
`(Lead institution). Part of the grant supported the development of a Master’s degree
`program in Information Technology with a concentration in Health Information
`Technology offered by the School of Library and Information Science.
`
`The Washington D.C. School Librarians Project. IMLS grant. Grant amount: $412,660. Grant
`period: Aug. 2007 – June 2011. The School partnered with the District of Columbia
`Public Schools (DCPS) and the District of Columbia Library Association to educate and
`mentor school media specialists for the DCPS system. PI, Jan. 2010 to June 2011.
`
`SIG Member of the Year, American Society for Information Science and Technology (2009).