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 7 11 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 inter partes
`
`review proceedings brought by Intel Corporation. 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:
`
`0
`
`0
`
`University Librarian, Yale University, New Haven, CT, 1994-2001;
`
`Director, The Milton S. Eisenhower Library, The Johns Hopkins
`
`University, Baltimore, MD, 1989-1994;
`
`DELL Ex.1073.001
`Ex.1073.001
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`DELL
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`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 7 11 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 inter partes
`
`review proceedings brought by Intel Corporation. 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:
`
`0
`
`0
`
`University Librarian, Yale University, New Haven, CT, 1994-2001;
`
`Director, The Milton S. Eisenhower Library, The Johns Hopkins
`
`University, Baltimore, MD, 1989-1994;
`
`DELL Ex.1073.001
`Ex.1073.001
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`0
`
`0
`
`Assistant University Librarian for Collection Management,
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`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
`
`0
`
`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 011 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
`
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`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
`
`8.
`
`Scope of this declaration.
`
`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” under the law.
`
`9.
`
`I am, however, rendering my expert opinion on the authenticity of the
`
`documents referenced herein and on when and how each of these documents 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 October 1997 and September 2000.
`
`10. Materials considered. In forming the opinions expressed in this
`
`declaration, I have reviewed the document and attachments referenced herein.
`
`These materials are records created in the ordinary course of business by
`
`publishers, libraries, indexing services, and others. From my years of experience,
`
`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
`
`and other members of the public will use them. All materials cited in this
`
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`Ex.1073.003
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`declaration and its attachments are of a type that experts in my field would
`
`reasonably rely upon and refer to in forming their opinions.
`
`ll.
`
`Persons of ordinary skill in the art.
`
`I am told by counsel that the
`
`subject matter of this proceeding relates to computer networking protocols and
`
`hardware.
`
`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 at least the equivalent of a BS. degree in computer
`
`science, computer engineering or electrical engineering with at least five years of
`
`industry experience including experience in computer architecture, network
`
`design, network protocols, software development, and hardware development.
`
`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
`
`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
`
`DELL Ex.1073.004
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`electrical/computer engineering and computer science as well as to a rich and fast
`
`changing set of online resources providing indexing information, abstracts, and
`
`full text services for electrical/computer engineering and computer science.
`
`15.
`
`Library catalog records. Some background 011 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. A11 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
`
`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,
`
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`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.
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`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.
`
`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.
`
`25.
`
`The initial periodicals record will sometimes not reflect all of the
`
`subsequent changes in publication details (including minor variations in title, etc.).
`
`26.
`
`Internet Engineering Task Force (IETF). The IETF is a volunteer
`
`organization which produces technical documents that influence the design, use,
`
`and management of the Internet.
`
`27. Among its technical documents are Internet-Drafts. These are
`
`working documents of the IETF. “During the development of a specification,
`
`draft versions of the document are made available for informal review and
`
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`comment by placing them in the IEFTF’s Internet-Drafts directory. This makes
`
`an evolving working document readily available to a wide audience, facilitation
`
`the process of review and revision” (see https://www.ietf.org/id-info/; emphasis
`
`
`added). The IETF Datatracker (https://datatracker.ietf.org/) provides ready access
`
`to documents in the IEFT database, including Internet-Drafts.
`
`28.
`
`IETF Internet-Drafts are intended to be available for review and
`
`comment for relatively brief periods. They “expire” no later than 185 days from
`
`the date they are posted. “When an [Internet-Draft] expires, a ‘tombstone’ file
`
`will be created .
`
`.
`
`.
`
`. Tombstone files will never expire and will always be
`
`available for reference unless they are replaced by updated version of the subject
`
`I-D or the expired version is brought back ty the explicit action of an [IETF] Area
`
`Director” (https ://www.ietf. org/id-info/guidelines.html#exp_iry).
`
`29. Also among the IETF documents are Requests for Comments.
`
`Memos in this document series contain technical and organizational notes about
`
`the Internet. Requests for Comments may be located using the IETF Datatracker,
`
`an RFC Search Page, and the RFC Index (Text) (https://www.ietf.org/rfc.html).
`
`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
`
`DELL Ex.1073.008
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`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 page URLs 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 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/fags.php#The_Wayback_Machine).
`
`32. Many Internet Archive captures made by the WayBack Machine have
`
`a banner at the top with the capture date prominently displayed. Other dates when
`
`captures of the same URL have been made are indicated to the right and left of the
`
`date provided in the banner. Some captures may lack this banner. In these latter
`
`cases, 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 dates
`
`and time stamps the capture as follows: year in yyyy, month in mm, day in dd, time
`
`code in hh:mm:ss (e.g., 20041208081749, or 8 December 2004 at 8:17:49 am).
`
`These elements are then followed by the URL of the original capture site.
`
`33.
`
`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
`
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`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.
`
`34.
`
`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.
`
`35.
`
`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
`
`is evidence that the document was publicly available and in use by researchers no
`
`later than the publication date of the citing document.
`
`36.
`
`Prominent indexing services include:
`
`37.
`
`Engineering Village. Produced by Elsevier, a major publisher,
`
`Engineering Village provides access to the major databases for engineering,
`
`10
`
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`geology, unclassified government reports and patents both European and domestic.
`
`The engineering databases include Engineering Index, EiCompendex, and
`
`INSPEC. EiCompendex alone has 18.8 million records from 76 countries across
`
`190 engineering disciplines. Inspec has over 15 million records and with its [nspec
`
`Archive, dates back to 1898.
`
`38.
`
`IEEE Xplore Digital Library. The Institute of Electrical and
`
`Electronics Engineers is the world’s largest organization for the advancement of
`
`technology, with some 430,000 members in 160 countries. Known by its acronym
`
`IEEE, it has created IEEE Xplore Digital Library, which provides access to the
`
`contents of over 170 journals, more than 1,400 conference proceedings, some
`
`5,100 technical standards, 2,000 eBooks, and 400 educational courses. More than
`
`3 million documents, dating from 1872, are searchable and available either through
`
`subscription or individual purchase.
`
`39. ACM Digital Library. This index is produced by the Association for
`
`Computing Machinery, the world’s largest scientific and educational computing
`
`society. AMC Digital Library contains the full text of all AMC publications,
`
`hosted full-text publications from selected publishers, and the ACM Guide to
`
`Computing Literature—a comprehensive bibliography of computing literature
`
`beginning in the 1950s with more than a million entries. All metadata in the
`
`11
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`database are freely available on the Web, including abstracts, linked references,
`
`citing work, and usage statistics. Full-text articles are available with subscription.
`
`40. m 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.
`
`41.
`
`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/ 1 407.623 9 .pdf).
`
`l2
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`IV. OPINIONS REGARDING INDIVIDUAL DOCUMENTS
`
`Document 1. Ernst W. Biersack and Erich Riitsche. “Demultiplexing on
`the ATM adapter: experiments with Internet protocols in user space.”
`Journal of High Speed Networks, 5,2 (1996): 193-201.
`
`1.
`
`Authentication
`
`42. Document lis a research paper by Ernst W. Biersack and Erich
`
`Rutsche published in the volume 5, no. 2, 1996 issue of the Journal of High Speed
`
`Networks.
`
`43. Attachment la is a true and correct copy of Document 1 (along with
`
`the volume cover, editorial and other information page, and contents page) from
`
`the Linda Hall Library. Attachment lb is a true and correct copy of the Linda
`
`Hall Library catalog record for the Journal of High Speed Networks, showing the
`
`holdings for volumes l-6 of this periodical.
`
`44. Attachment la is in a condition that creates no suspicion about its
`
`authenticity. Specifically, Document 1 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 la
`
`was found within the custody of a library — a place where if authentic it would
`
`likely be.
`
`45. Attachment 10 is a true and correct copy of the Scopus item record
`
`for Document 1, showing the various keywords under which Document 1 is
`
`indexed.
`
`l3
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`46.
`
`I conclude, based on finding Document 1 in a library and on finding
`
`library catalog records and an indexing record for Document 1, that Attachment
`
`la is an authentic copy of Document 1.
`
`2.
`
`Public Accessibility
`
`47. Attachment ld as a true and correct copy of the Statewide Illinois
`
`Library Catalog record for the Journal of High Speed Networks, showing this
`
`periodical was first published in 1992 and is held by 74 libraries world-wide.
`
`Researchers would have had no difficulty finding copies of the Journal of High
`
`Speed Networks.
`
`48. Attachment la, from the Linda Hall Library, includes two library
`
`date stamps. One of these is on the editorial and other information page (the
`
`penultimate page of Attachment la). It is hard to read, but under magnification
`
`one can see “NT/7?? IRC” and the date 13 August 1996. This date stamp relates
`
`to the label on the cover of volume 5, no. 2, 1996 issue of the Journal of High
`
`Speed Networks. This label was affixed by the Richardson, Texas, Information
`
`Resource Network of Nortel, the former telecommunications company; the label
`
`bears the information “nt413/9603/ric.” I conclude that N ortel’s resource
`
`information center in Richardson Texas processed this issue of the Journal of High
`
`Speed Networks on behalf of the corporate Information Resource Network on 13
`
`August 1996.
`
`14
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`49.
`
`I further conclude that the Linda Hall Library later acquired material
`
`from the Nortel Information Resource Network, one of many science collections
`
`the library has acquired over the years. The second date stamp, on the issue cover
`
`of Attachment la, indicates that the Linda Hall Library processed this copy of the
`
`Journal of High Speed Networks on 3 March 2000.
`
`50.
`
`Based on my experience, I affirm the date stamps just described have
`
`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.
`
`51.
`
`The Nortel Information Resource Network date stamp indicates the
`
`volume 5, no. 2, 1996 issue of the Journal of High Speed Networks had been
`
`mailed to Nortel and to other subscribers (including other library subscribers)
`
`sometime before 13 August 1996, because it takes some time for the item to arrive
`
`at and to be processed by a library.
`
`I therefore conclude that the volume 5, no. 2,
`
`1996 issue of the Journal of High Speed Networks would have been received by
`
`other subscribers, and that other subscribing libraries would have processed and
`
`made this issue available to their readers, at about the same time.
`
`52. Allowing for some time between the Nortel date stamping of the
`
`volume 5, no. 2, 1996 issue of the Journal of High Speed Networks and its
`
`15
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`Ex.1073.015
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`appearance on library shelves, where it would be publicly available, it is my
`
`opinion that Document 1 was publicly available at least by September 1996.
`
`3.
`
`Conclusion
`
`53.
`
`Based on the evidence presented here—periodical publication, online
`
`indexing, and, library processing—it is my opinion that Document 1 is an
`
`authentic document that was publicly available to researchers by September
`
`1996, more than a year before the critical date of October 1997.
`
`Document 2. C. M. Woodside et al. “The Protocol Bypass Concept for
`High Speed OSI Data Transfer,” in Protocols for High-Speed Networks,
`II. Proceedings of the IFIP WG 61/WG 6.4 Second International
`
`Workshop on Protocols for High-Speed Networks, Palo Alto, CA,
`U.S.A., 27-29 November 1990, ed. Marjory J. Johnson. Amsterdam:
`North-Holland, 1991.
`
`l .
`
`Authentication
`
`54. Document 2 is a research paper by C. M. Woodside and others
`
`delivered at a conference on protocols for high speed networks in Palo Alto,
`
`California, in November 1990 and published in 1991 in the proceedings of that
`
`conference.
`
`55. Attachment 2a is a true and correct copy of Document 2, along with
`
`the book’s cover, title page, title page verso, preface, list of program committee
`
`members and reviewers, and table of contents from the University of Illinois at
`
`Urbana-Champaign Library. Attachment 2b is a copy of that library’s catalog
`
`record, in MARC format, for Document 2.
`
`16
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`Ex.1073.016
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`56. Attachment 2a is in a condition that creates no suspicion about its
`
`authenticity. Specifically, 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.
`
`57. Attachment 2c is a true and correct copy of the Engineering Village
`
`index record for Document 2.
`
`It shows the many terms by which Document might
`
`be found.
`
`It bears a copyright date of 1992, suggesting that the Institution of
`
`Electrical Engineers created this Inspec record in 1992.
`
`58.
`
`Based on finding a library copy, library records, and an index record
`
`for Document 2, it is my opinion that Attachment 2a is an authentic copy of
`
`Document 2.
`
`2.
`
`Public accessibility
`
`59. Attachment 2d is a true and correct copy of the United States
`
`Copyright Office record for Document 2. It shows the book was published on 12
`
`February 1991 and registered for copyright on 10 May 1991.
`
`I conclude from this
`
`copyright record that Document 2 was publicly available from its publisher on or
`
`about 12 February 1991.
`
`60.
`
`In Attachment 2b, the MARC Field 040, subfield a, indicates that
`
`Document 2 was first cataloged by the Library of Congress (OCLC code = DLC).
`
`17
`
`DELL Ex.1073.017
`Ex.1073.017
`
`DELL
`
`
`
`The MARC Field 008 indicates this catalog record was created on 13 February
`
`1991, almost simultaneously with the publication of Document 2.
`
`I conclude from
`
`this catalog record that Document 2 was bibliographically identifiable by 13
`
`February 1991. Allowing for some time between cataloging and the book’s
`
`arrival on library shelves, where it would be publicly available, I further conclude
`
`that Document 2 was publicly available in at least one library at least by July
`
`1991.
`
`61.
`
`Attachment 2e is a true and correct copy of a Statewide Illinois
`
`Library catalog record for Document 2, showing the book in which Document 2
`
`was published is available from 65 libraries world-wide. Researchers would have
`
`had no difficulty finding copies of Document 2.
`
`62. Attachment 2f is a true and correct copy ofa Google Scholar list of
`
`25 publications citing Document 2. One document citing Document 2 is T. Braun
`
`and M. Zitterbart, “A Parallel Implementation of XTP on Transputers,”
`
`Proceedings of the 10th Conference on Local Computer Networks, 14-17 October
`
`1991. Attachment 2g is a true and accurate copy of the IEEE Xplore Digital
`
`Library abstract record for the Braun and Zitterbart paper. Attachment 211 is a true
`
`and accurate copy of the IEEE Xplore Digital Library references record for the
`
`Braun and Zitterbart paper, showing Document 2 as the first item in its list of
`
`references.
`
`18
`
`DELL Ex.1073.018
`Ex.1073.018
`
`DELL
`
`
`
`3.
`
`Conclusion
`
`63.
`
`Based on the evidence presented here—book publication, Copyright
`
`Office record, online index record, library cataloging, and citations—it is my
`
`opinion that Document 2 is an authentic document that was publicly
`
`available from its publisher on or about 12 February 1991 and available in at
`
`least one library by July 1991, about six years before the critical date of
`
`October 1997. The citation evidence presented here indicates that Document 2
`
`was in actual use by researchers at least by October 1991.
`
`Document 3. Julian Satran et al. SCSI/TCP (SCSI over TCP). February
`2000. Internet Draft, Expires 14 August 2002.
`
`64. Document 3 is an Internet-Draft by Julian Satran and others made
`
`publicly available as a working document of the Internet Engineering Task Force
`
`(IETF).
`
`65. Attachment 3a is a true and correct copy of Document 3, from the
`
`IETF Web site, https://tools.ietf.org/html/draft-satran-scot—OO. The footer on each
`
`page gives the abbreviated document title, SCSI/TCP, and the date February 2000.
`
`66. Attachment 3b is a true and correct copy of the IETF Datatracker
`
`item record for Document 3, from the IETF Web site,
`
`https://datatracker.ietf.org/doc/draft-satran-scot/. Attachment 3b shows that
`
`Document 3 was last updated on 15 February 2002, the document’s publication
`
`date, and has expired (as expected).
`
`19
`
`DELL Ex.1073.019
`Ex.1073.019
`
`DELL
`
`
`
`67. Attachment 3c is a true and correct copy of the document history for
`
`Document 3, from the IETF Web site, https://datatracker.ietf.org/doc/draft—satran—
`
`scot/history/. Attachment 3c shows that Document 3 was first available on 15
`
`February 2000 and expired less than a month later, on 6 March 2000, well before
`
`the required expiration date noted in Attachment 3a. Expired documents remain
`
`publicly available as explained in paragraph 28 above.
`
`68. Attachment 3d is a true and correct copy of an Internet Archive
`
`capture, dated 29 February 2000, of the IETF’s Internet-Drafts Web page. This
`
`page describes Internet—Drafts and provides both an index and a keyword search
`
`capability for Internet-Drafts. Attachment 3d provides evidence that IETF
`
`Internet-Drafts were readily available to the public in February 2000 and on
`
`numerous dates before and after this date.
`
`69.
`
`I conclude from the evidence presented here—IETF Web pages and
`
`an Internet Archive capture—that Document 3 is an authentic document posted
`
`on and publicly available from the IETF Internet-Drafts Web page on 15
`
`February 2000, more than six months before the critical date of September
`
`2000. Document 3 expired on 6 March 2000 but remains publicly available.
`
`iSCSI (Internet SCSI). 10 July 2000.
`Document 4. Julian Satran et al.
`Internet Draft, Expires 10 January 2001.
`
`20
`
`DELL Ex.1073.020
`Ex.1073.020
`
`DELL
`
`
`
`70. Document 4 is an Internet-Draft by Julian Satran and others made
`
`publicly available as a working document of the Internet Engineering Task Force
`
`(IETF).
`
`71. Attachment 4a is a true and correct copy of Document 3, from the
`
`IETF Web site, https://www.ietf.org/archive/id/draft-satran-iscsi-O1.txt The
`
`footer on each page gives the authors’ names, the abbreviated document title,
`
`iSCSI, and the date June 2000. The footer was evidently not updated when
`
`Document 3 was dated 10 July 2000.
`
`72. Attachment 4b is a true and correct copy of the IETF Datatracker
`
`item record for Document 4, from the IETF Web site,
`
`http_s://datatracker.ietf.org/doc/draft-satran-iscsi/. Attachment 4b shows that
`
`Document 4 was last updated on 11 July 2000, and has expired (as expected).
`
`73. Attachment 4c is a true and correct copy of the document history for
`
`Document 4, from the IETF Web site https://datatracker.ietf.org/doc/draft—satran-
`
`iscsi/history/. Attachment 4c shows that Document 4 was first available on 6
`
`March 2000, was updated on 11 July 2000 (the date used in Attachment 4a), and
`
`expired on 14 March 2001. Expired documents remain publicly available as
`
`explained in paragraph 28 above.
`
`74. Attachment 3d is a true and correct copy of an Internet Archive
`
`capture, dated 29 February 2000, of the IETF’s Internet-Drafts Web page. This
`
`21
`
`DELL Ex.1073.021
`Ex.1073.021
`
`DELL
`
`
`
`page describes Internet-Drafts and provides an index to them and a keyword
`
`search capability for Internet-Drafts. Attachment 3d provides evidence that IETF
`
`Internet-Drafts were readily available to the public in February 2000 and on
`
`numerous dates before and after this date.
`
`75.
`
`I conclude from the evidence presented here—IETF Web pages and
`
`an Internet Archive capture—that Document 4 is an authentic document posted
`
`on and publicly available from the IETF Internet-Drafts Web page on 6
`
`March 2000 and updated on 11 July 2000, several months before the critical
`
`date of September 2000. Document 4 expired on 14 March 2001 but remains
`
`publicly available.
`
`Document 5. Transmission Control Protocol: DARPA Internet Program,
`Protocol Specification, September 1981, ed. Jon Postel. Request for
`Comments: 793.
`
`76. Document 5 is a protocol description prepared by the Information
`
`Sciences Institute at the University of Southern California for the Defense
`
`Advanced Research Project Agency (DARPA) and made publicly available as a
`
`Request For Comment document, 793, by the Internet Engineering Task Force
`
`(IETF).
`
`77. Attachment 5a is a true and correct copy of Document 5, from the
`
`IETF Web site, https://tools.ietf.org/pdf/rfc793.pdf. The header on each page
`
`22
`
`DELL Ex.1073.022
`Ex.1073.022
`
`DELL
`
`
`
`gives the document title (Transmission Control Protocol), and the date September
`
`1981.
`
`78. Attachment 5b is a true and correct copy of the IETF Datatracker
`
`item record for Document 5, from the IETF Web site,
`
`https://datatracker.ietf.org/doc/rfc793/history/. Attachment 5b indicates a 1
`
`September 1981 date for Document 5.
`
`79. Attachment Sc is a true and correct copy of the document history for
`
`Document 5, from the IETF Web site, https://datatracker.ietf.org/doc/rfc793/.
`
`Attachment Sc shows that Document 5 makes RFC 761 obsolete and was
`
`subsequently updated by four later RFCs. Attachment 5c includes a copy of
`
`Document 5 bearing the document’s September 1981 date.
`
`80. Attachment 5d is a true and correct copy of an Internet Archive
`
`capture, dated 3 November 1996, of an IETF’s RFC index for RFCs 700-799,
`
`including RFC 793 (i.e., Document 5). The link provided to RFC 793 is no
`
`longer active but certainly was on 3 November 1996. The Internet Archive was
`
`founded in 1996, so Attachment 5d should be understood as one of the earliest
`
`captures made by the Internet Archive. The absence of an earlier Internet Archive
`
`capture therefore does not indicate that Document 5 was not available from the
`
`IETF earlier than November 1996.
`
`23
`
`DELL Ex.1073.023
`Ex.1073.023
`
`DELL
`
`
`
`81. Attachment 5d provides evidence that Document 5 was identifiable
`
`and available to th
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