`
`UNITED STATES PATENT AND TRADEMARK OFFICE
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`____________________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`____________________
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`SAMSUNG ELECTRONICS CO., LTD.
`Petitioner
`
`v.
`
`M & K HOLDINGS INC.
`Patent Owner
`
`____________________
`
`Patent No. 9,191,673
`____________________
`
`DECLARATION OF DR. ANTHONY VETRO
`IN SUPPORT OF PETITION FOR INTER PARTES REVIEW
`OF U.S. PATENT NO. 9,191,673
`
`
`
`
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`SAMSUNG EXHIBIT 1050
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`Page 1 of 22
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`Declaration of Dr. Anthony Vetro
`In Support of Petition for Inter Partes Review
`of U.S. Patent No. 9,191,673
`
`
`TABLE OF CONTENTS
`INTRODUCTION ........................................................................................... 1
`I.
`BACKGROUND ............................................................................................. 1
`II.
`III. PUBLIC AVAILABILITY OF JCT-VC DOCUMENTS ............................... 6
`IV. CONCLUSION .............................................................................................. 20
`
`
`i
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`Page 2 of 22
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`I, Anthony Vetro, declare as follows:
`
`Declaration of Dr. Anthony Vetro
`In Support of Petition for Inter Partes Review
`of U.S. Patent No. 9,191,673
`
`
`I.
`
`INTRODUCTION
`1.
`I have been retained by Samsung Electronics Co., Ltd. (“Petitioner”)
`
`as an independent consultant in this proceeding before the United States Patent and
`
`Trademark Office (“PTO”).
`
`2.
`
`I am being compensated at my normal consulting rate of $375/hour.
`
`3. My compensation is in no way contingent on the nature of my
`
`testimony, or the outcome of this or any other proceeding. I have no other interest
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`in this proceeding.
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`4.
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`I have been asked to provide information regarding the procedures for
`
`publishing documents on the Moving Picture Experts Group (MPEG) document
`
`management
`
`site
`
`(http://phenix.it-sudparis.eu/mpeg/)
`
`(“MPEG
`
`site”),
`
`the
`
`availability of documents uploaded on the Joint Collaborative Team on Video
`
`Coding (JCT-VC) document management site (http://phenix.int-evry.fr/jct/) (“JCT-
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`VC site”), and the membership information for MPEG, including committee
`
`rosters and other such information around the 2011 timeframe.
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`II. BACKGROUND
`5. My testimony set forth in this declaration is based on my own
`
`personal knowledge and experience. I understand that a copy of my current
`
`1
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`Page 3 of 22
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`Declaration of Dr. Anthony Vetro
`In Support of Petition for Inter Partes Review
`of U.S. Patent No. 9,191,673
`
`curriculum vitae, which details my education and professional and academic
`
`experience, is being submitted by Petitioner as Ex. 1051.1
`
`6.
`
`I am a Deputy Director at Mitsubishi Electric Research Labs (MERL).
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`In addition, I manage a group at MERL that is responsible for research in the areas
`
`of digital video coding and processing, information security, sensing technologies,
`
`and speech/audio processing.
`
`7.
`
`I have been an active member of the ISO/IEC2 and ITU-T3 video
`
`coding standardization committees since 1997. In relation to my involvement with
`
`
`1 Where appropriate, I refer to exhibits which I understand are being submitted
`
`with the Petition for Inter Partes Review of U.S. Patent No. 9,191,673.
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`2 ISO was at that time (1997), and continues to be, the International Organization
`
`for Standardization. (Ex. 1020 at 3.) Further, IEC was at that time, and continues
`
`to be, the International Electrotechnical Commission. (Ex. 1021 at 1.)
`
`3 ITU, the International Telecommunication Union, was at that time, and continues
`
`to be, the United Nations specialized agency for information and communication
`
`technologies (ICT)). (Ex. 1017 at 1.) ITU-T was at that time, and continues to be,
`
`the ITU’s Telecommunication Standardization Sector. (Ex. 1018 at 1.)
`
`2
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`Page 4 of 22
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`Declaration of Dr. Anthony Vetro
`In Support of Petition for Inter Partes Review
`of U.S. Patent No. 9,191,673
`
`video coding standards, I am now the chair of INCITS4 L3, the US Technical
`
`Advisory Group to ISO/IEC JTC 1/SC 295, which is a subcommittee under JTC 1
`
`for coding of audio, picture, multimedia and hypermedia information for coding of
`
`audio, picture, multimedia and hypermedia information. SC 29 oversees Working
`
`Group 11 (WG 11), also known as MPEG.
`
`8.
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`Prior to my current role as the chair of INCITS L3, I served as Head
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`of the US Delegation to MPEG from 2011 to 2014, and served as Vice-Chair of the
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`U.S. Delegation from 2008 to 2011. My responsibilities as the Head of the US
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`Delegation included managing a committee of around 200 members that were part
`
`of the MPEG US Delegation with the responsibility to prepare and approve US
`
`ballot positions and responses related to MPEG standards under development. My
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`responsibilities further included coordinating US related positions regarding the
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`development of the High Efficiency Video Coding (HEVC) Standard by the JCT-
`
`
`4 INCITS is the InterNational Committee for Information Technology Standards.
`
`(See, e.g., Ex. 1065.)
`
`5 JTC 1 is a Joint Technical Committee of the ISO and IEC and provides a
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`standards development environment where individuals come together to develop
`
`worldwide ICT standards for business and consumer applications. (Ex. 1022 at 1.)
`
`3
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`Declaration of Dr. Anthony Vetro
`In Support of Petition for Inter Partes Review
`of U.S. Patent No. 9,191,673
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`VC. As I discuss in further detail below under section III, the JCT-VC was a team
`
`jointly established by the ISO/IEC and ITU-T, and was overseen by MPEG on the
`
`ISO/IEC side.
`
`9.
`
`Throughout my involvement with the video coding standardization
`
`committees, I have also served as editor and ad-hoc chair for several projects. For
`
`example, I was a key contributor to 3D and Multiview Video Coding extensions of
`
`the Advanced Video Coding (AVC) and High Efficiency Video Coding (HEVC)
`
`Standards. In 2015, I was the recipient of the INCITS Gene Milligan Award for
`
`Effective Committee Management, which recognizes individuals who, as officers,
`
`have provided outstanding leadership to the subgroup in its national and
`
`international work.
`
`10.
`
`I am a Fellow of the Institute of Electrical and Electronic Engineers
`
`(IEEE). I am active in various IEEE conferences, technical committees, and
`
`editorial boards. I am currently serving as a Senior Editorial Board Member of
`
`IEEE Journal on Emerging and Selected Topics in Circuits and Systems. I served
`
`as an Associate Editor of IEEE Transactions on Image Processing and IEEE
`
`Transactions on Circuits and Systems for Video Technology, and was a member of
`
`the Editorial Boards of IEEE Multimedia, IEEE Signal Processing Magazine, and
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`IEEE Journal on Selected Topics in Signal Processing. I also served as the Chair
`
`4
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`Declaration of Dr. Anthony Vetro
`In Support of Petition for Inter Partes Review
`of U.S. Patent No. 9,191,673
`
`of the Technical Committee on Multimedia Signal Processing of the IEEE Signal
`
`Processing Society and on the Steering Committees of the IEEE International
`
`Conference on Multimedia and Expo and IEEE Transactions on Multimedia.
`
`Additionally, I served as a member of the Publications Committee of IEEE
`
`Transactions on Consumer Electronics.
`
`11.
`
`I have also published more than 200 papers generally related to
`
`multimedia signal processing, and more particularly related to image/video
`
`compression, 3D video, signal transforms and sparse representations, distributed
`
`source coding, signal enhancement and restoration, biometric security, radar signal
`
`processing, and processing of encrypted content. A list of my published papers is
`
`attached to my curriculum vitae (Ex. 1051).
`
`12.
`
`I received my B.S. and M.S. degrees (1996) and Ph.D. degree (2001)
`
`in Electrical Engineering from Polytechnic University, in Brooklyn, NY.
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`13.
`
`I have received several awards for my work on transcoding, including
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`the 2003 IEEE Transactions on Circuits and Systems for Video Technology Best
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`Paper Award.
`
`14.
`
`I am not an attorney and offer no legal opinions.
`
`5
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`Declaration of Dr. Anthony Vetro
`In Support of Petition for Inter Partes Review
`of U.S. Patent No. 9,191,673
`
`III. PUBLIC AVAILABILITY OF JCT-VC DOCUMENTS
`15. Due to my involvement with video coding standardization committees
`
`and particularly my role as the US Head of Delegation for MPEG as I explained
`
`above in section II and further explain below, I have gained intimate knowledge
`
`regarding the procedures for publishing of video coding standardization-related
`
`documents on the MPEG site. Accordingly, as I discuss below, during the 2011
`
`timeframe, I can confirm that documents uploaded on the JCT-VC site were
`
`immediately available for download at the MPEG site to at least hundreds of
`
`individuals interested in the development of a video coding standard as of the
`
`upload date of the documents on the JCT-VC site. The documents made available
`
`in that timeframe include specific JCT-VC documents that I discuss below. For
`
`example, as I explain below, (i) version 1 of the JCTVC-E603 document (Ex. 1007)
`
`was publicly available for download on the MPEG site as of its upload date of March
`
`30, 2011 on the JCT-VC site, (ii) version 3 of the JCTVC-E335 document (Ex.
`
`1006) was publicly available for download on the MPEG site as of its upload date of
`
`March 19, 2011 on the JCT-VC site, and (iii) version 4 of the JCTVC-D393
`
`document (Ex. 1008) was publicly available for download on the MPEG site as of its
`
`upload date of January 26, 2011 on the JCT-VC site.
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`6
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`Page 8 of 22
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`Declaration of Dr. Anthony Vetro
`In Support of Petition for Inter Partes Review
`of U.S. Patent No. 9,191,673
`
`16. As I explained above in section II, at least during the 2011 timeframe,
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`MPEG was overseeing the JCT-VC as it developed the HEVC Standard. In
`
`particular, the JCT-VC was created in 2010 to develop a new generation HEVC
`
`Standard (formally, ITU-T H.265 | ISO/IEC 23008-2) to replace the then-current
`
`AVC Standard (formally, ITU-T H.264 | ISO/IEC 14496-10). (See, e.g., Ex. 1015
`
`(copy of JCT-VC website describing the JCT-VC that is consistent with its role in
`
`the 2011 timeframe) at 1; Ex. 1016 at 1 (“Purpose”)6; see also generally Ex. 1027
`
`(Meeting report of the fourth JCT-VC meeting in January, 2011).) The JCT-VC
`
`includes a group of video coding experts from two parent organizations (ITU-T
`
`
`6 Ex. 1016 is a copy of a document obtained from the link “Terms of Reference for
`
`Collaborative Team on Video Coding (JCT-VC) Activities” on page 1 of Ex. 1015
`
`(http://www.itu.int/dms_pub/itu-t/oth/46/01/T46010000010001PDFE.pdf).
`
` Ex.
`
`1016 is dated January 2010, and based on my personal knowledge and recollection,
`
`describes the terms of reference (including the purpose, parent bodies, scope goals,
`
`documents and contributions, etc.) of the joint collaborative team on video coding
`
`standard development for the JCT-VC that was followed in the 2011 timeframe.
`
`Based on my knowledge and recollection, Ex. 1016 is a copy of the same
`
`document that was available in at least 2011.
`
`7
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`Page 9 of 22
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`Declaration of Dr. Anthony Vetro
`In Support of Petition for Inter Partes Review
`of U.S. Patent No. 9,191,673
`
`Study Group 16 (VCEG)7 and ISO/IEC JTC 1/SC 29/WG 11 (MPEG)8). (See, e.g.,
`
`Ex. 1015 at 1; Ex. 1016 at 1 (“Parent Bodies”); Ex. 1027 at 2 (1.1).) The two
`
`parent organizations agreed to “Terms of Reference of the Joint Collaborative
`
`Team on Video Coding Standard Development” in Kyoto, Japan in January, 2010.
`
`(See, e.g., Ex. 1016.)
`
`17. From its outset, the JCT-VC had a general policy of making JCT-VC
`
`related documents publicly available. (Ex. 1016 at 2, “In order to facilitate cross-
`
`organisational [sic] communication, all input and output documents of the JCT will
`
`be public (including the drafts of the coding specification, reference software, and
`
`conformance test data).”) In at least the 2011 timeframe, each JCT-VC document
`
`was uploaded onto the JCT-VC site such that it was available for download9. (Id.
`
`
`7 VCEG was in 2011, and continues to be, the Video Coding Experts Group under
`
`ITU-T. (See, e.g., Ex. 1019 at 1.)
`
`8 As mentioned above, SC 29 oversaw in 2011, and continues to oversee, Working
`
`Group 11 (WG 11), also known as the Moving Picture Experts Group (MPEG).
`
`(See, e.g., Ex. 1025 at 1; see also Ex. 1023 at 1; Ex. 1024 at 1.)
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`9 The documents for the first two JCT-VC meetings in April and June, 2010 were
`
`initially made available at a different site, and were later transferred to the JCT-VC
`
`8
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`Declaration of Dr. Anthony Vetro
`In Support of Petition for Inter Partes Review
`of U.S. Patent No. 9,191,673
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`at 2 (“Documents and Contributions”); Ex. 1027 at 7 (“Communication
`
`practices”).) Based on my knowledge and recollection, consistent with the general
`
`policy of JCT-VC, there were no restrictions for downloading documents uploaded
`
`on the JCT-VC site in at least the 2011 timeframe. In other words, no credentials
`
`such as a username and password were required to download documents available
`
`on the JCT-VC site in at least the 2011 timeframe.
`
`18.
`
`In the 2011 timeframe, based on my knowledge and recollection,
`
`during the JCT-VC document registration process, both a JCT-VC number and an
`
`MPEG number were assigned to the document and associated with the document
`
`record. (See, e.g., Ex. 1031 (Meeting Report of the fifth JCT-VC meeting) at 175
`
`(Annex A to JCT-VC report, “JCT-VC number” and “MPEG number” columns);
`
`Ex. 1034 (document register for fifth meeting on JCT-VC site showing the same
`
`columns).) In at least the 2011 timeframe, the MPEG number included an “m”
`
`prefix. The MPEG number was assigned to the document because at the same time
`
`that any JCT-VC document was uploaded onto the JCT-VC site, the JCT-VC
`
`document was also mirrored, i.e., uploaded on the MPEG document management
`
`site (http://phenix.int-evry.fr/mpeg/) (“MPEG site”) in at least the 2011 timeframe.
`
`site. (See, e.g., Ex. 1027 (Meeting Report of the fourth JCT-VC meeting) at 7
`
`(“Communication practices”).)
`
`9
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`Declaration of Dr. Anthony Vetro
`In Support of Petition for Inter Partes Review
`of U.S. Patent No. 9,191,673
`
`19. Specifically, as I explained above, based on my knowledge and
`
`recollection, MPEG was and continues to be one of the parent bodies of JCT-VC,
`
`and the agreement between the parent bodies in at least 2011 required that the JCT-
`
`VC site be linked to the MPEG site. (See, e.g., Ex. 1016 at 2 (“Document and
`
`Contributions” section, “For reasons of expediency, the JCT will maintain a single
`
`document registry and an electronic archive that are distinct from those of the
`
`parent bodies. The registry and archive will be linked to both the parent body web
`
`sites, and the parent bodies may ingest the JCT documents for their own reference
`
`and archival purposes.”) (emphasis added).)10
`
`20. Therefore, a JCT-VC document uploaded to the MPEG site during at
`
`least the 2011 timeframe was immediately available for download from the MPEG
`
`site because the upload times on both the JCT-VC site and the MPEG site were
`
`identical. (E.g., compare Ex. 1036 (showing upload times for various versions of
`
`JCTVC-E603 (m20271) on the JCT-VC site) with Ex. 1053 (showing upload times
`
`for various versions of m20271 (“Title WD3: Working Draft 3 of High Efficiency
`
`
`10 Based on my knowledge and recollection, this description in Ex. 1016 is
`
`consistent with the procedures followed by the JCT parent bodies, including the
`
`MPEG, in at least the 2011 timeframe.
`
`10
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`Declaration of Dr. Anthony Vetro
`In Support of Petition for Inter Partes Review
`of U.S. Patent No. 9,191,673
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`Video Coding” (JCTVC-E603)) on the MPEG site)11; compare Ex. 1035 (showing
`
`upload times for various versions of JCTVC-E335 (m19863) on the JCT-VC site)
`
`with Ex. 1052 (showing upload times for various versions of m19863 (JCTVC-
`
`E335) on the MPEG site); compare Ex. 1037 (showing upload times for various
`
`versions of JCTVC-D393 (m19172) on the JCT-VC site) with Ex. 1054 (showing
`
`upload times for various versions of m19172 (JCTVC-D393) on the MPEG site).)
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`11 To view the different versions available for a JCT-VC document on the JCT-VC
`
`site or the corresponding version of the document on the MPEG site, and to
`
`download one or more versions, in at least the 2011 timeframe, a user could
`
`navigate to the document register for the relevant meeting on the JCT-VC site
`
`(e.g., Ex. 1034) or MPEG site (e.g., Ex. 1055) and then click on the JCT-VC
`
`document number or corresponding MPEG document number. This would lead
`
`the user to the “Document information” webpage for that document. (See, e.g., Ex.
`
`1036 (“Document information” webpage of JCTVC-E603 (Working Draft 3) on
`
`JCT-VC site) and Ex. 1053 (“Document information” webpage of m20271
`
`corresponding to JCTVC-E603 (Working Draft 3) on MPEG site).) This process
`
`to make such documents available were in place at the time of the upload dates for
`
`those documents (e.g., in the 2011 timeframe as reflected in the upload dates for
`
`those documents).
`
`11
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`Declaration of Dr. Anthony Vetro
`In Support of Petition for Inter Partes Review
`of U.S. Patent No. 9,191,673
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`Accordingly, a JCT-VC document was accessible on the MPEG site at the time the
`
`JCT-VC document was uploaded on the JCT-VC site. For instance, as noted
`
`above, the “Document information” webpage of Working Draft 3 (JCTVC-E603)
`
`on the JCT-VC site lists the upload date of version 1 of JCTVC-E603 (Working
`
`Draft 3) as March 30, 2011. (Ex. 1036.) Version 1 of JCTVC-E603 (Working
`
`Draft 3) was additionally mirrored to the MPEG site on the same date (March 30,
`
`2011) and was consequently available for download from the MPEG site on the
`
`same date as shown on the MPEG site’s document information page for m20271
`
`which is the MPEG document number corresponding to JCTVC-E603. (See, e.g.,
`
`Ex. 1053.)
`
`21. Although the MPEG site required a user to have credentials (a
`
`username and password), I have personal knowledge that these credentials were
`
`regularly distributed to around 750 MPEG members worldwide in the 2011
`
`timeframe, including in March 2011. In fact, as I further explain below, on March
`
`3, 2011, I received such credentials via email from Dr. Ajay Luthra, who was the
`
`previous Head of US Delegation of MPEG at that time, which provided me, and all
`
`other members who were also associated with the distribution address on that
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`email, with access to all documents that were uploaded on the MPEG site using the
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`credentials from that day until the next time the credentials changed in May 16,
`
`12
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`Page 14 of 22
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`Declaration of Dr. Anthony Vetro
`In Support of Petition for Inter Partes Review
`of U.S. Patent No. 9,191,673
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`2011 Thus, based on my knowledge, version 1 of JCTVC-E603 (Working Draft 3)
`
`was available for download from the MPEG site as of March 30, 2011 using those
`
`credentials.
`
`22. The MPEG members at that time were from renowned technology
`
`companies, universities, and research institutions. In fact, in my role as an active
`
`member of the MPEG working group and/or the Head of US Delegation of MPEG
`
`(the US Delegation for MPEG was and continues to be formally known as
`
`INCITS/L3.1), I personally received similar credentials via e-mail in 2011 and
`
`distributed the credentials via e-mail to around 200 US MPEG members on a
`
`regular basis during the 2011 timeframe.12 I also am aware that in the 2011
`
`timeframe, my counterparts from other nations (e.g., the other Heads of Delegation
`
`from, e.g., Korea, France, etc.) similarly distributed these credentials to their
`
`respective MPEG national members (the remaining 550 or so members from the
`
`total 750 MPEG members at the time). The credentials provided access to
`
`documents uploaded to the MPEG site during that timeframe (e.g., 2011).
`
`
`12 As I mentioned above, before I took over the position of US Head of Delegation
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`for MPEG on October 1, 2011, Dr. Ajay Luthra was the US Head of Delegation.
`
`(Ex. 1064 at 1 (section 1).)
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`13
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`Declaration of Dr. Anthony Vetro
`In Support of Petition for Inter Partes Review
`of U.S. Patent No. 9,191,673
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`23. Moreover, I am aware that once such credentials (e.g., passwords)
`
`were distributed to the MPEG members in the 2011 timeframe, the documents on
`
`the MPEG site were widely available at least within the companies, universities,
`
`and research institutions of the MPEG members to other individuals (e.g.,
`
`engineers) involved in video coding. I understand that at that time, such entities
`
`would distribute such documents so that individuals affiliated with such entities
`
`could keep up with the latest developments in the video coding standardization
`
`process(es), e.g., to ensure that products and services they were working on were
`
`compliant with the video coding standard(s). Thus, I understand that the MPEG
`
`site and the documents stored thereon in the 2011 timeframe were further
`
`accessible to thousands of individuals.
`
`24.
`
`In at least the 2011 timeframe, the password for the MPEG site
`
`typically changed after every MPEG meeting, which is held on a quarterly basis, so
`
`about four times a year (the username would generally remain the same). The
`
`change of such credentials was managed by the SC 29 Secretariat (MPEG’s parent
`
`body). In that timeframe, upon updating the credentials, the SC 29 Secretariat
`
`would then forward the updated password to the Heads of Delegation for each
`
`country for distribution down the chain to the MPEG members. (See, e.g., Ex.
`
`1067 (Guidelines for electronic distribution of MPEG documents) at 1 (section 1,
`
`14
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`Declaration of Dr. Anthony Vetro
`In Support of Petition for Inter Partes Review
`of U.S. Patent No. 9,191,673
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`noting that the password is “OBTAINED FROM YOUR Head of Delegation”).)13
`
`In the 2011 timeframe, I am aware that after receiving the updated credentials
`
`(which was typically just an updated password) from the SC 29 Secretariat, the US
`
`Head of Delegation would distribute the updated password via the INCITS/L3.1 e-
`
`mail reflector (which included the e-mail addresses of the around 200 US MPEG
`
`members during the 2011 timeframe). (See, e.g., Exs. 1056-1060 (emails including
`
`the MPEG site password I received in 2011 from Dr. Ajay Luthra, the previous
`
`Head of US Delegation of MPEG); Exs. 1061-1063 (emails including the MPEG
`
`site password I distributed to the MPEG US Delegation after taking over as the
`
`MPEG US Head of Delegation)14; Ex. 1066 at 19 (Report of 97th MPEG Meeting,
`
`
`13 The description of how the password is obtained from a head of delegation in
`
`Exhibit 1067 is consistent with how such credentials would be obtained in the 2011
`
`timeframe.
`
`14 Exhibits 1056-1063 are copies of emails that I received and/or sent at the time of
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`the timestamp identified in those email documents and that I maintained in my
`
`possession since the time identified in those email documents.
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`15
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`Declaration of Dr. Anthony Vetro
`In Support of Petition for Inter Partes Review
`of U.S. Patent No. 9,191,673
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`Annex A showing attendance list of MPEG members for the 97th MPEG meeting
`
`held in July 2011)15; see also Ex. 1067 at 1 (section 1).)
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`25. As I noted above, my counterparts from other nations similarly
`
`distributed credentials to their national delegations. I am aware that there were
`
`about 750 MPEG members in 2014 based on my review of the roster for the
`
`MPEG membership for 2014. Based on my knowledge and recollection, the
`
`international MPEG membership had been stable in the 2010-2015 timeframe, and
`
`thus the international MPEG membership was relatively similar in size and
`
`representation as that for 2014, which included hundreds of members.
`
`15 Exhibit 1066 is a copy of the Report of the 97th MPEG meeting held in
`
`Politecnico
`
`di
`
`Torino,
`
`Italy
`
`on
`
`July
`
`18-22
`
`available
`
`at
`
`https://www.itscj.ipsj.or.jp/sc29/open/29view/29n123901.doc.
`
` I attended
`
`that
`
`meeting (see Exhibit 1066 at 27 (entry no. 438)), along with at least 491 other
`
`MPEG members (id. at 19-28). As shown in Annex A of Exhibit 1066 (pp. 19-28),
`
`approximately 104 of the 492 participant MPEG members were from the US
`
`MPEG delegation. Exhibit 1066 thus shows that in July 2011, at least 104 US
`
`MPEG members attended the 97th MPEG meeting. It is also consistent with my
`
`recollection and knowledge that the US MPEG membership included at least over
`
`180 members in early 2011, and was over 200 from July 2011 to December 2011.
`
`16
`
`Page 18 of 22
`
`
`
`
`
`Declaration of Dr. Anthony Vetro
`In Support of Petition for Inter Partes Review
`of U.S. Patent No. 9,191,673
`
`26. Therefore, based on my recollection, knowledge, and belief,
`
`documents that were available for download from the MPEG site such as the
`
`above-noted JCT-VC documents during the 2011 timeframe were accessible to
`
`hundreds, if not thousands, of individuals, on the MPEG site.
`
`27. As I discussed above, I also confirm based on my experience and
`
`recollection, version 1 of JCTVC-E603 document (Working Draft 3) (Ex. 1007)
`
`was publicly available on the MPEG site to at least hundreds of individuals at least
`
`as early as March 30, 2011, as it was uploaded to the JCT-VC site on that date and
`
`mirrored to the MPEG site on the same date, and that I, and the other US MPEG
`
`members received the credentials for access to documents on the MPEG site on
`
`March 3, 2011, which provided access to the version 1 of the JCTVC-E603
`
`document when it was made available on March 30, 2011. (See, e.g., Ex. 1036
`
`(the document information page of the JCTVC-E603 document on the JCT-VC
`
`site); Ex. 1053 (the document information page of the corresponding m20271
`
`document on the MPEG site); Ex. 1057 (email distributing the password for the
`
`MPEG site on March 3, 2011).)
`
`28. For reasons similar to those explained above, version 3 of the JCTVC-
`
`E335 document (Ex. 1006) was publicly available for download on the MPEG site as
`
`of its upload date of March 19, 2011 on the JCT-VC site. For instance, I can confirm
`
`17
`
`Page 19 of 22
`
`
`
`
`
`Declaration of Dr. Anthony Vetro
`In Support of Petition for Inter Partes Review
`of U.S. Patent No. 9,191,673
`
`based on my experience and recollection, that version 3 of the JCTVC-E335
`
`document was publicly available on the MPEG site to at least hundreds of
`
`individuals at least as early as March 19, 2011, as it was uploaded to the JCT-VC
`
`site on that date and mirrored to the MPEG site on the same date. Also, on March
`
`3, 2011, I received credentials to provide access to documents on the MPEG site
`
`via email from Dr. Ajay Luthra (who was the previous Head of US Delegation of
`
`MPEG at that time), which provided me, and all other members who were also
`
`associated with the distribution address on that email, with access to all documents
`
`that were uploaded on the MPEG site using the credentials from March 3, 2011
`
`until the next time the credentials changed on May 16, 2011 (Ex. 1058, which I
`
`explained above). Those credentials provided me and the other US MPEG
`
`members who received the credentials access to version 3 of the JCTVC-E335
`
`document when it was made available on March 19, 2011. (See, e.g., Ex. 1035
`
`(the document information page of the JCTVC-E335 document (m19863) on the
`
`JCT-VC site showing version 3 available on March 19, 2011); Ex. 1052 (the
`
`document information page of the corresponding m19863 document for JCTVC-
`
`E335 on the MPEG site showing version 3 also available on March 19, 2011); Ex.
`
`1057 (email distributing the password for the MPEG site on March 3, 2011).)
`
`18
`
`Page 20 of 22
`
`
`
`
`
`Declaration of Dr. Anthony Vetro
`In Support of Petition for Inter Partes Review
`of U.S. Patent No. 9,191,673
`
`
`29. For reasons similar to those explained above, version 4 of the JCTVC-
`
`D393 document (Ex. 1008) was publicly available for download on the MPEG site as
`
`of its upload date of January 26, 2011 on the JCT-VC site. For instance, I can confirm
`
`based on my experience and recollection, that version 4 of the JCTVC-D393
`
`document was publicly available on the MPEG site to at least hundreds of
`
`individuals at least as early as January 26, 2011, as it was uploaded to the JCT-VC
`
`site on that date and mirrored to the MPEG site on the same date, and that I, and
`
`the other US MPEG members received the credentials for access to documents on
`
`the MPEG site on December 6, 2010, which provided access to version 4 of the
`
`JCTVC-D393 document when it was made available on January 26, 2011 until the
`
`next time the credentials changed on March 3, 2011. (See, e.g., Ex. 1037 (the
`
`document information page of the JCTVC-D393 document on the JCT-VC site
`
`showing version 4 available on January 26, 2011); Ex. 1054 (the document
`
`information page of the corresponding m19172 document for JCTVC-D393 on the
`
`MPEG site showing version 4 also available on January 26, 2011); Ex. 1056 (email
`
`distributing the password for the MPEG site on December 6, 2010); Ex. 1057
`
`(email distributing the password for the MPEG site on March 3, 2011).)
`
`
`
`
`
`19
`
`Page 21 of 22
`
`
`
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`
`
`
`
`Declaratiion of Dr. AAnthony VVetro
`
`
`
`
`IIn Supportt of Petitionn for Inter Partes Reeview
`
`of UU.S. Patent
`No. 9,191
`,673
`
`
`
`
`
`
`
`
`
`
`IV. CCONCLUSSION
`
`30.
`
`
`
`
`
`, and ge are true,y knowledgerein of myts made hell statementI declare that al
`
`
`
`
`
`these e, and that ted to be trueare believeand belief anformation made on inthat all sstatements m
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`statemennts were mmade with thhe knowleddge that wiillful false
`
`
`
`
`
`
`
`
`
`statements
`
`
`
`and the likke so
`
`
`
`made arrc punishabble by fine
`
`
`
`
`
`of the UUnited State
`s Code.
`
`
`
`
`
`
`
`or imprisonnment, or bboth, underr Section 1001 of Titlle 18
`
`
`
`
`
`
`
`Dated: JJanuary 266, 2018
`
`
`
`
`
`
`
`
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`
`
`
`
` Dr. Annthony Vetrro
`
`
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`20
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`Page 22 of 22
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`
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