UNITED STATES PATENT AND TRADEMARK OFFICE
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`APPLE INC.,
`
`Petitioner,
`
`v.
`
`UNIVERSAL SECURE REGISTRY, LLC,
`
`Patent Owner.
`
`_________________________________________
`
`Case IPR2018-00810
`
`U.S. Patent No. 9,100,826
`
`_________________________________________
`
`DECLARATION OF DR. JAMES L. MULLINS
`
`Apple 1022(cid:3)(cid:11)(cid:51)(cid:68)(cid:85)(cid:87)(cid:3)(cid:20) of 5(cid:12)
`Apple v. USR
`IPR2018-00810
`
`
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`APPLE INC.,
`
`Petitioner,
`
`v.
`
`UNIVERSAL SECURE REGISTRY, LLC,
`
`Patent Owner.
`
`_________________________________________
`
`Case IPR2018-00810
`
`U.S. Patent No. 9,100,826
`
`_________________________________________
`
`DECLARATION OF DR. JAMES L. MULLINS
`
`Apple 1022(cid:3)(cid:11)(cid:51)(cid:68)(cid:85)(cid:87)(cid:3)(cid:20) of 5(cid:12)
`Apple v. USR
`IPR2018-00810
`
`
`
`I, Dr. James L. Mullins, declare as follows:
`
`1.
`
`2.
`
`My name is Dr. James L. Mullins.
`
`I have been retained by petitioner Apple Inc. (“Apple”) in the above-
`
`captioned inter partes review relating to U.S. Patent No. 9,100,826 to provide
`
`opinions relating to Steve Burnett and Stephen Paine, RSA Security’s Official Guide
`
`to Cryptography, New York: Osborn/McGraw Hill (2001, 419 pages) (“Burnett”).
`
`All statements made herein of my own knowledge are true, and all statements made
`
`herein based on information and belief are believed to be true.
`
`I.
`
`INTRODUCTION
`3.
`My career as a professional and academic/research spanned more than
`
`44 years including library positions at Indiana University, Villanova University,
`
`Massachusetts Institute of Technology, and Purdue University. Appendix A is a true
`
`and correct copy of my curriculum vitae describing my background and experience.
`
`4.
`
`In 2018 I founded the firm Prior Art Documentation Librarian
`
`Services, LLC, located at 106 Berrow, Williamsburg, VA 23188 after purchasing
`
`the intellectual property of and successor to Prior Art Documentation, LLC located
`
`at 711 South Race Street, Urbana, IL 61801. Further information about my firm,
`
`Prior Art Documentation Librarian Services, LLC (PADLS), is available at
`
`www.priorartdoclib.com.
`
`1
`
`
`
`5.
`
`I have been retained by Apple to offer my opinion on the authenticity
`
`and dates of public accessibility of the Burnett reference for use in the above-
`
`captioned inter partes review proceeding. For this service, I am being paid my usual
`
`hourly fee. I have no stake in the outcome of this proceeding or any related litigation
`
`or administrative proceedings, and my compensation in no way depends on the
`
`substance of my testimony or the outcome of this proceeding.
`
`II. QUALIFICATIONS
`6.
`I received Bachelor of Arts degree in History, Religion and Political
`
`Science in 1972 as well as a Master of Arts degree in Library Science in 1973 from
`
`the University of Iowa. I received my Ph.D. in Academic Library Management in
`
`1984 from Indiana University. Over the past forty-four years, I have held various
`
`positions in the field of library and information sciences.
`
`7.
`
`I am presently Dean of Libraries Emeritus and Esther Ellis Norton
`
`Professor Emeritus at Purdue University, and have been since January 1, 2018. I
`
`have been previously employed as follows:
`
`(cid:120) Dean of Libraries and Professor and Esther Ellis Norton Professor,
`Purdue University, West Lafayette, IN (2004-2017)
`for Administration, Massachusetts
`(cid:120) Assistant/Associate Director
`Institute of Technology (MIT) Libraries, Cambridge, MA (2000-2004)
`(cid:120) University Librarian and Director, Falvey Memorial Library, Villanova
`University, Villanova, PA (1996-2000)
`
`2
`
`
`
`(cid:120) Director of Library Services, Indiana University South Bend, South
`Bend, IN (1978-1996)
`(cid:120) Part-time instructor, School of Library and Information Science,
`Indiana University, Bloomington, IN (1979-1996)
`(cid:120) Associate Law Librarian, and associated titles, Indiana University
`School of Law, Bloomington, IN (1974-1978)
`(cid:120) Catalog Librarian, Assistant Professor, Georgia Southern College (now
`University), Statesboro, GA (1973-1974)
`
`8.
`
`I am a member of the American Library Association (“ALA”), where I
`
`served as the chair of the Research Committee of the Association of College and
`
`Research Libraries (“ACRL”). My service to ALA included service on the editorial
`
`board of the most prominent library journal, College and Research Libraries. I also
`
`served on the Standards Committee, College Section of the Association of College
`
`and Research Libraries, where I was instrumental in developing a re-issue of the
`
`Standards for College Libraries in 2000.
`
`9.
`
`I am an author of numerous publications in the field of library science,
`
`and have given presentations in library sciences at national and international
`
`conferences. During my 44 years as an academic librarian and library science
`
`scholar, I have gained extensive experience with catalog records and online library
`
`management systems (LMS) built using Machine-Readable Cataloging (“MARC”)
`
`standards. As an academic library administrator, I have had responsibility to ensure
`
`that students were educated to identify, locate, assess, and integrate information
`
`3
`
`
`
`garnered from research library resources. I have also facilitated the research of
`
`faculty colleagues either directly or through the provision of and access to the
`
`requisite print and/or digital materials and services at the universities where I
`
`worked.
`
`10. Based on my experience identified above and detailed in my curriculum
`
`vitae, which is attached hereto as Appendix A, I consider myself to be an expert in
`
`the field of library science and academic library administration. I have previously
`
`offered my opinions on the public availability and authenticity of documents in over
`
`40 cases. I have been deposed once.
`
`III. BACKGROUND ON PUBLIC ACCESSIBILITY
`A.
`Scope Of This Declaration
`
`11.
`
`I am not a lawyer, and I am not rendering an opinion on the legal
`
`question of whether a particular document is, or is not, a “printed publication” under
`
`the law. I am, however, rendering my expert opinion on the authenticity of the
`
`documents referenced herein and when and how this document 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
`
`document.
`
`12.
`
`I am informed by counsel that an item is considered authentic if there
`
`is sufficient evidence to support a finding that the item is what it is claimed to be. I
`
`4
`
`
`
`am also informed that authenticity can be established based on the contents of the
`
`documents themselves, such as the appearance, content, substance, internal patterns,
`
`or other distinctive characteristics of the item.
`
`13.
`
`I am informed by counsel that a given reference qualifies as “publicly
`
`accessible” if it was disseminated or otherwise made available such that a person
`
`interested in and ordinarily skilled in the relevant subject matter could locate it
`
`through the exercise of ordinary diligence.
`
`14. While I understand that the determination of public accessibility under
`
`the foregoing standard rests on a case-by-case analysis of the facts particular to an
`
`individual publication, I also understand that a printed publication is rendered
`
`“publicly accessible” if it is cataloged and indexed by a library such that a person
`
`interested in the relevant subject matter could locate it (i.e., I understand that
`
`cataloging and indexing by a library is sufficient, though there are other ways that a
`
`printed publication may qualify as “publicly accessible”). One manner of sufficient
`
`indexing is indexing according to subject matter. I understand that it is not necessary
`
`to prove someone actually looked at the printed publication in order to show it was
`
`publicly accessible by virtue of a library’s cataloging and indexing thereof. I
`
`understand that cataloging and indexing by a single library of a single instance of a
`
`particular printed publication is sufficient. I understand that, even if access to a
`
`library is restricted, a printed publication that has been cataloged and indexed therein
`
`5
`
`
`
`is publicly accessible so long as a presumption is raised that the portion of the public
`
`concerned with the relevant subject matter would know of the printed publication. I
`
`also understand that the cataloging and indexing of information that would guide a
`
`person interested in the relevant subject matter to the printed publication, such as the
`
`cataloging and indexing of an abstract for the printed publication, is sufficient to
`
`render the printed publication publicly accessible.
`
`15.
`
`I understand that evidence showing the specific date when a printed
`
`publication became publicly accessible is not necessary. Rather, routine business
`
`practices, such as general library cataloging and indexing practices, can be used to
`
`establish an approximate date on which a printed publication became publicly
`
`accessible.
`
`B. Materials Considered
`
`16.
`
`In forming the opinions expressed in this declaration, I have reviewed
`
`the documents and appendices 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 am familiar with the process for creating
`
`many of these records, and I know that these records are created by people with
`
`knowledge of the information contained within 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 declaration and its appendices are of a type
`
`6
`
`
`
`that experts in my field would reasonably rely upon and refer to in forming their
`
`opinions.
`
`C.
`
`17.
`
`Person Of Ordinary Skill In The Art
`
`I am told by counsel that the subject matter of this proceeding relates to
`
`computer science, including, for example, operating systems, database management,
`
`encryption, security algorithms, and secure transaction systems.
`
`18.
`
`I have been informed by counsel that a “person of ordinary skill in the
`
`art at the time of the inventions” (POSITA) 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.
`
`19.
`
`I am told by counsel that persons of ordinary skill in this subject matter
`
`or art would have included someone with at least a bachelor’s degree in electrical
`
`engineering, computer science, or a related scientific field and approximately two
`
`years of work experience in the computer science field including, for example,
`
`operating systems, database management, encryption, security algorithms, and
`
`secure transaction systems, though additional education can substitute for less work
`
`experience and vice versa.
`
`20.
`
`It is my opinion that such a person would have been actively engaged
`
`in academic research and learning through study and practice in the field, and
`
`7
`
`
`
`possibly through formal instruction through the bibliographic resources relevant to
`
`his or her research. By the 2000s, such a person would have had access to a vast
`
`array of print resources, including at least the documents referenced below, as well
`
`as to a fast-changing set of online resources.
`
`D.
`
`Library Catalog Records and Other Resources
`
`21.
`
`Some background on MARC
`
`(Machine-Readable Cataloging)
`
`formatted records, OCLC (Online Computer Library Center), and WorldCat
`
`(world’s largest public online catalog) is helpful to understand the library catalog
`
`records discussed in this declaration. I am fully familiar with the library cataloging
`
`standard known as the MARC standard, which is an industry-wide standard method
`
`of storing and organizing library catalog information.1 MARC practices have been
`
`consistent since the MARC format was developed by the Library of Congress in the
`
`1960s, and by the early 1970s became the U.S. national standard for disseminating
`
`bibliographic data. By the mid-1970s, MARC format became the international
`
`standard, and persists through the present. A MARC-compatible library is one that
`
`has a catalog consisting of individual MARC records for each of its items. The
`
`underlying MARC format (computer program) underpins the Online Public Access
`
`
`1 The full text of the standard is available from the Library of Congress at
`
`http://www.loc.gov/marc/bibliographic/.
`
`8
`
`
`
`Catalog (OPAC) that is available to library users to locate a particular holding of a
`
`library. Today, MARC is the primary communications protocol for the transfer and
`
`storage of bibliographic metadata in libraries.2 The MARC practices discussed
`
`below were in place during the early 2000s timeframe relevant to the documents
`
`referenced herein.
`
`22. Online Computer Library Center (OCLC) is a not-for-profit world-wide
`
`consortium of libraries. Similar to MARC standards, OCLC’s practices have been
`
`consistent since the 1970s through the present. Accordingly, the OCLC practices
`
`discussed below were in place during the timeframe discussed in my opinions
`
`section. OCLC was created “to establish, maintain and operate a computerized
`
`
`2 Almost every major library in the world uses a catalog that is MARC-compatible.
`
`See, e.g., MARC Frequently Asked Questions (FAQ), LIBRARY OF CONGRESS,
`
`https://www.loc.gov/marc/faq.html (last visited January 24, 2018) (“MARC is the
`
`acronym for MAchine-Readable Cataloging. It defines a data format that emerged
`
`from a Library of Congress-led initiative that began nearly forty years ago.
`
`It
`
`provides the mechanism by which computers exchange, use, and interpret
`
`bibliographic information, and its data elements make up the foundation of most
`
`library catalogs used today.”). MARC is the ANSI/NISO Z39.2-1994 (reaffirmed
`
`2009) standard for Information Interchange Format.
`
`9
`
`
`
`library network and to promote the evolution of library use, of libraries themselves,
`
`and of librarianship, and to provide processes and products for the benefit of library
`
`users and libraries, including such objectives as increasing availability of library
`
`resources to individual library patrons and reducing the rate of rise of library per-
`
`unit costs, all for the fundamental public purpose of furthering ease of access to and
`
`use of the ever-expanding body of worldwide scientific, literary and educational
`
`knowledge and information.”3 Among other services, OCLC and its members are
`
`responsible for maintaining the WorldCat database (http://www.worldcat.org/), used
`
`by libraries throughout the world.
`
`23.
`
`Libraries world-wide use the machine-readable MARC format for
`
`catalog records. MARC-formatted records include a variety of subject access points
`
`based on the content of the document being cataloged. A MARC record for a
`
`particular work comprises several fields, each of which contains specific data about
`
`the work. Each field is identified by a standardized, unique, three-digit code
`
`corresponding to the type of data that follows. For example, a work’s title is
`
`recorded in field 245, the primary author of the work is recorded in field 100, a
`
`
`3 Third Article, Amended Articles of Incorporation of OCLC Online Computer
`
`Library
`
`Center,
`
`Incorporated
`
`(available
`
`at
`
`http://www.oclc.org/en-
`
`US/councils/documents/amended_articles.html).
`
`10
`
`
`
`work’s International Standard Book Number (“ISBN”) is recorded in field 020, and
`
`the work’s Library of Congress call number (assigned by Library of Congress) is
`
`recorded in field 050. Some fields can contain subfields, which are indicated by
`
`letters. For example, a work’s publication date is recorded in field 260 under the
`
`subfield “c.”
`
`24.
`
`The MARC Field 040, subfield “a,” identifies the library or other entity
`
`that created the catalog record in the MARC format. The MARC Field 008 identifies
`
`the date when this first MARC record was created.
`
`25. MARC records also include several fields that include subject matter
`
`classification information. An overview of MARC record fields is available through
`
`the Library of Congress at http://www.loc.gov/marc/bibliographic/. For example,
`
`6XX fields are termed “Subject Access Fields.”4 Among these, for example, is the
`
`650 field, which is the “Subject Added Entry – Topical Term” field. See
`
`http://www.loc.gov/marc/bibliographic/bd650.html. The 650 field is a “[s]ubject
`
`added entry in which the entry element is a topical term.” Id. The 650 field entries
`
`“are assigned to a bibliographic record to provide access according to generally
`
`accepted thesaurus-building rules (e.g., Library of Congress Subject Headings
`
`(LCSH), Medical Subject Headings (MeSH)).” Id. Thus, a researcher can easily
`
`
`4 See http://www.loc.gov/marc/bibliographic/bd6xx.html.
`
`11
`
`
`
`discover material relevant a topic of interest with a search using the terms employed
`
`in the MARC Fields 6XX.
`
`26.
`
`The 9XX fields, which are not part of the standard MARC 21 format,5
`
`were defined by OCLC for use by the Library of Congress, processing or holding
`
`notes for a local library, and for internal OCLC use. For example, the 955 field is
`
`reserved for use by the Library of Congress to track the progress of a new acquisition
`
`from the time it is submitted for Cataloging in Publication (CIP) review until it is
`
`published and fully cataloged and publicly available for use within the Library of
`
`Congress. Fields 901-907, 910, and 945-949 have been defined by OCLC for local
`
`use and will pass OCLC validation. Fields 905 or 910 are often used by an individual
`
`library for internal processing purposes, for example the date of cataloging and/or
`
`the initials of the cataloger.
`
`27.
`
`Further, MARC records include call numbers, which themselves
`
`include a classification number. For example, the 050 field is dedicated as the
`
`“Library of Congress Call Number”6 as assigned by the Library of Congress. A
`
`defined portion of the Library of Congress Call Number is the classification number.
`
`“The source of the classification number is Library of Congress Classification and
`
`
`5 https://www.oclc.org/bibformats/en/9xx.html
`
`6 See http://www.loc.gov/marc/bibliographic/bd050.html.
`
`12
`
`
`
`the LC Classification-Additions and Changes.” Id. Thus, included in the 050 field
`
`is a subject matter classification. For example, TK5105.59 indicates books on
`
`computer networks – security measures. When a local library assigns a classification
`
`number, it is often a Library of Congress-derived classification number created by a
`
`local library cataloger or a Dewey Decimal classification number. An exemplary
`
`Dewey Decimal number is 005.8, which denotes computer networks – security
`
`measures, which can appear in the 090 field. In either scenario, the MARC record
`
`includes a classification number in the call number field that represents a subject
`
`matter classification.
`
`28. WorldCat is the world’s largest public online catalog, maintained by
`
`the OCLC, a not-for-profit international library consortium, and built with the
`
`records created by the thousands of libraries that are members of OCLC. OCLC
`
`provides bibliographic and abstract information to the public based on MARC-
`
`compliant records through its OCLC WorldCat database. Searching WorldCat
`
`requires no knowledge of MARC tags and code and does not require a log-in or
`
`password. WorldCat is easily accessible through the World Wide Web to all who
`
`wish to search it; there are no restrictions to be a member of a particular community,
`
`etc. 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,” but not
`
`necessarily all. WorldCat does not provide a view of the underlying MARC format
`
`13
`
`
`
`for a specific WorldCat record.
`
`In order to see the underlying MARC format, a
`
`searcher must locate the book in a holding library listed among those shown in
`
`WorldCat, and search the online public catalog (OPAC) of a holding library.
`
`Whereas WorldCat records are widely available, the availability of library specific
`
`MARC formatted records varies from library to library. When a specific library
`
`wishes to make the underlying MARC format available, there will be a link from the
`
`library’s OPAC display, often identified as MARC record or librarian/staff view.
`
`29. When a MARC record is created by the Library of Congress or an
`
`OCLC member institution, the date of creation for that record is automatically
`
`populated in the fixed field (008), characters 00 through 05 in year, month, day
`
`format (YYMMDD).7 Therefore, the MARC record creation date reflects the date
`
`on which the publication associated with the record was first cataloged. Thereafter,
`
`the local library’s computer system may automatically update the date in field 005
`
`every time the library updates the MARC record (e.g., to reflect that an item has
`
`been moved to a different shelving location within the library, or a reload of the
`
`bibliographic data with the introduction of a new library management system that
`
`creates and manages the OPAC).
`
`
`7 Some of the newer library catalog systems also include hour, minute, second
`
`(HHMMSS).
`
`14
`
`
`
`A. Monograph Publications
`30. Monograph publications are written on a single topic, presented at
`
`length and distinguished from an article and include books, dissertations, and
`
`technical reports. A library typically creates a catalog record when the monograph
`
`is acquired by the library. First, it will search OCLC to determine if a record has
`
`already been created by the Library of Congress or another OCLC institution. If a
`
`record is found in OCLC, the record is downloaded into the library’s LMS (Library
`
`Management System). The library’s LMS typically includes the OPAC (online
`
`public access catalog by which researchers locate a particular library holding in a
`
`user-friendly format), acquisitions, cataloging, and circulation integrated functions.
`
`Once the item is downloaded into the library’s LMS, the library adds its identifier to
`
`the OCLC database so when a search is completed on WorldCat, the library will be
`
`indicated as an owner of the title. Once a record is created in a Library’s LMS, it is
`
`searchable and viewable through the library’s OPAC. The record is typically
`
`searchable by author, title, and subject heading, at that library and from anywhere in
`
`the world through the internet by accessing that library’s OPAC. The OPAC also
`
`connects with the circulation function of the library, which typically indicates
`
`whether the record is available, in circulation, etc., with its call number and location
`
`in a specific departmental/disciplinary library, if applicable. The OPAC not only
`
`15
`
`
`
`provides immediate bibliographic access on site, it also facilitates the interlibrary
`
`loan process, which involves loaning a publication from one library to another.
`
`31. Wisconsin TechSearch (WTS) is a set of services offered by the
`
`University of Wisconsin Libraries. WTS offers an array of article delivery and
`
`research services to any individual or organization that requests the specialized skills
`
`of WTS staff in locating and retrieving information, regardless of whether the
`
`individual is affiliated with the University of Wisconsin.
`
`IV. OPINION REGARDING AUTHENTICITY AND PUBLIC
`ACCESSIBILITY
`Steve Burnett and Stephen Paine, RSA Security’s Official Guide
`to
`Cryptography, New York: Osborn/McGraw Hill (2001, 419 pages) (“Burnett”)
`A.
`Authenticity
`
`32.
`
`I have been asked to opine on RSA Security’s Official Guide to
`
`Cryptography (“Burnett”). Burnett is a book authored by Steve Burnett and Stephen
`
`Paine and published by Osborn/McGraw Hill in 2001. It contains, in 419 pages, 12
`
`Chapters; Appendices A, B, and C; and an Index. A Reference CD-ROM was
`
`included as attached to the inside back cover.
`
`33.
`
`I have evaluated the Burnett reference in two ways: (1) by assessing
`
`scans of a copy of Burnett (Appendix B), provided by counsel, owned by the Library
`
`of Congress and (2) by requesting scans of Burnett from Wisconsin TechSearch
`
`16
`
`
`
`(WTS), which located Burnett at the University of Michigan Libraries (Appendix
`
`C).
`
`34. Appendix B, provided by counsel and also marked as Exhibit 1021 in
`
`the above-captioned proceedings, is a scan of Burnett in its entirety. Appendix B
`
`includes, among other pages, scans of the cover, inside front cover, title page with
`
`inventory barcode, verso of title page (copyright page) with handwritten:
`
`“TK5105.59.B87 2001 copy 2 MRC”; dedication page with stamp of “Library of
`
`Congress,” “Copyright Office,” “April 6, 2001”; Contents; Software and
`
`Information License, and back cover (CD-ROM was not included).
`
`35. All identifying characteristics, such as stamps and notations, on
`
`Appendix B are consistent with library practice and procedure that I have observed
`
`on items retrieved for me by Wisconsin TechSearch (WTS) from the Library of
`
`Congress. For example, the stamp in red indicating “Library of Congress,”
`
`“Copyright Office,” and “APR 16 2001,” is consistent with items that have been
`
`retrieved for me from the Library of Congress. I have no cause for concern about
`
`the authenticity or accuracy of these identifying attributes.
`
`36.
`
`The publication, which has been scanned and included as Appendix C,
`
`was provided to me, at my request, from WTS on March 29, 2019 at 2:45 pm.
`
`Appendix C contains scans of a copy of Burnett owned by the University of
`
`Michigan Libraries. Appendix C includes scans of Burnett’s cover with a label:
`
`17
`
`
`
`“UMMU TK5105.59.B871 2001 bks”; title page, verso of the title page (copyright
`
`page) with handwritten “UMMU TK5105.59 B871 2001”; dedication page with
`
`handwritten: “UMMU bks 41413416 elty 8-9-02”; Contents; Software and
`
`Information License with inventory barcode “University of Michigan” and number
`
`“3 9015 05442 6914”; scan of the CD-ROM in pocket; and back cover.
`
`37. Nothing about the condition of Appendix C suggests any uncertainty
`
`about its authenticity in my professional assessment. For example, the cover, title
`
`page, verso of the title page (copyright page), dedication page, contents and software
`
`and information license page with ownership stamp and markings show no visible
`
`alterations to the document. In addition, Burnett was found within the custody of a
`
`library, the University of Michigan Libraries, one of the most likely locations for an
`
`authentic publication to be located.
`
`38.
`
`I compared and found no difference between the common pages of
`
`Appendix C and Appendix B. Accordingly, I affirm that Appendix B and Appendix
`
`C are of the same edition and printing. I conclude that the scans in Appendix B and
`
`Appendix C were taken from true and accurate copies of Burnett.
`
`39.
`
`I conclude and affirm that Burnett is an authentic document.
`
`18
`
`
`
`B.
`
`Public Accessibility
`
`40. Appendix D is a true and correct copy of the WorldCat entry for
`
`Burnett. I obtained Appendix D by completing a search on WorldCat on April 7,
`
`2019.
`
`41. Appendix D shows that the document associated with this WorldCat
`
`entry is the Burnett reference shown in Appendixs B and C, as I verified by the
`
`authors: Steve Burnett and Stephen Paine; title: RSA Security’s Official Guide to
`
`Cryptography; and by ISBN: 007213139X. Burnett could have been located by
`
`searching for the authors – Steve Burnett or Stephen Paine; title – RSA Security’s
`
`Official Guide to Cryptography and by searching the subject headings: Computer
`
`networks – Security measures; Data encryption (Computer science) and
`
`Cryptography. When I searched WorldCat for holdings of Burnett in the District of
`
`Columbia, the Library of Congress was first among the 575 libraries worldwide
`
`shown as holding a copy of Burnett.
`
`42. Appendix E is a true and correct copy of the WorldCat entry for
`
`Burnett, and is the same as Appendix D except showing the search location as
`
`University of Michigan. I obtained Appendix E by completing a search on WorldCat
`
`on April 7, 2019.
`
`43. Appendix E shows that the document associated with this WorldCat
`
`entry is the Burnett reference shown in Appendixs B and C, as I verified by the
`
`19
`
`
`
`authors: Steve Burnett and Stephen Paine; title: RSA Security’s Official Guide to
`
`Cryptography; and by ISBN: 007213139X. Burnett could have been located by
`
`searching for the authors – Steve Burnett or Stephen Paine; title – RSA Security’s
`
`Official Guide to Cryptography and by searching the subject headings: Computer
`
`networks – Security measures; Data encryption (Computer science) and
`
`Cryptography. When I searched WorldCat for holdings of Burnett in Michigan,
`
`Appendix E, the University of Michigan appeared number 6 on the list (top of second
`
`page) among the 575 libraries worldwide shown as holding a copy of Burnett.
`
`44.
`
`The searches discussed above could have been performed anywhere in
`
`the world by anyone who accessed WorldCat and its predecessor database through
`
`an OCLC member library in the early 2000s.
`
`45. Appendix F is a download I made from Library of Congress OPAC
`
`(online catalog) on April 3, 2019. The document cataloged in this record is Burnett
`
`as verified by the Personal name (author): Steve Burnett; Main title: RSA Security’s
`
`Official Guide to Cryptography; and by ISBN: 007213139X. I also compared the
`
`LC Classification (call number): TK5105.57.B87 2001 with that shown on Appendix
`
`B, and it is the same on both. Burnett could have been located by searching for the
`
`authors – Steve Burnett or Stephen Paine, or title – RSA Security’s Official Guide
`
`to Cryptography, or by searching the subject headings: Computer networks –
`
`Security measures; Data encryption (Computer science) and Cryptography.
`
`20
`
`
`
`46.
`
`The Library of Congress OPAC record (Appendix F) indicates that the
`
`Library of Congress owns two copies of Burnett. Appendix F is the interface that a
`
`person either searching on the internet or in person at the Library of Congress would
`
`have used to locate Burnett.
`
`47. Appendix G is the underlying MARC record of the OPAC screen as
`
`seen in Appendix F. I downloaded Appendix G through a link shown as MARC
`
`Tags on Appendix F. Appendix G is a true and accurate copy of the Library of
`
`Congress MARC record showing MARC fields for Burnett.
`
`48.
`
`The 955 field, reserved for use by the Library of Congress only, reads:
`
`|a ps06 2001-08-08 to ASCD |a jf00 2001-08-13; |c jf05 2001-08-29 to
`subj. |d jf02 2001-08-30 to sl |e jf12 2001-09-28; jf12 to Dewey 09-28-
`01 |a aa2001-10-10.
`
`as shown on the MARC record (Appendix G). Subfield code |a delimiter indicates
`
`processing and dates. The subfields |a through f indicate Burnett was sent for
`
`descriptive cataloging; subject heading assignment; shelf list recording; and Dewey
`
`Classification assignment. Completion of processing is shown in the last subfield as
`
`2001-10-10 (October 10, 2001).
`
`49.Once cataloging was completed, and assuming a typical time span of a week
`
`to ten days to complete preparation for shelving (external labeling of Burnett with
`
`call number and shelving location), Burnett would have been shelved no later than
`
`mid to late October. Therefore, consistent with standard library processing that I
`
`21
`
`
`
`have witnessed during my career, Burnett would have been available no later than
`
`mid to late October 2001.
`
`50. Once Burnett was entered into the general collection at the Library of
`
`Congress, members of the public could access Burnett by having it brought to the
`
`Reading Room for their use in either the Adams or Jefferson Buildings. As discussed
`
`above, the general collection was searchable through the Library of Congress OPAC
`
`by authors, title, and any one of the subject fields in the OPAC, that is: Computer
`
`networks – Security measures; Data encryption (Computer science) or
`
`Cryptography. Members of the public can read, study, and make notes about a
`
`selected work in the Jefferson or Adams Building Reading Rooms. Further,
`
`members of the public are permitted to make photocopies of portions of the works
`
`while in the Reading Room.
`
`51. Appendix H is a download I made from University of Michigan
`
`Libraries’ OPAC (online catalog) on April 3, 2019. The OPAC record would have
`
`made Burnett
Accessing this document will incur an additional charge of $.
After purchase, you can access this document again without charge.
Accept $ Charge
Still Working On It
This document is taking longer than usual to download. This can happen if we need to contact the court directly to obtain the document and their servers are running slowly.
Give it another minute or two to complete, and then try the refresh button.
A few More Minutes ... Still Working
It can take up to 5 minutes for us to download a document if the court servers are running slowly.
Thank you for your continued patience.
This document could not be displayed.
We could not find this document within its docket. Please go back to the docket page and check the link. If that does not work, go back to the docket and refresh it to pull the newest information.
Your account does not support viewing this document.
You need a Paid Account to view this document. Click here to change your account type.
Your account does not support viewing this document.
Set your membership
status to view this document.
With a Docket Alarm membership, you'll
get a whole lot more, including:
- Up-to-date information for this case.
- Email alerts whenever there is an update.
- Full text search for other cases.
- Get email alerts whenever a new case matches your search.
One Moment Please
The filing “” is large (MB) and is being downloaded.
Please refresh this page in a few minutes to see if the filing has been downloaded. The filing will also be emailed to you when the download completes.
Your document is on its way!
If you do not receive the document in five minutes, contact support at support@docketalarm.com.
Sealed Document
We are unable to display this document, it may be under a court ordered seal.
If you have proper credentials to access the file, you may proceed directly to the court's system using your government issued username and password.
Access Government Site
