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`My name is Ximena Solano Suarez. I am an attorney at Sheppard Mullin Richter and
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`Hampton LLP, counsel for HTC Corporation and HTC America, Inc. If called as a
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`witness, I could and would competently testify to all facts within my personal knowledge
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`except where stated upon information and belief.
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`2.
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`On or about July 27, 2018, I determined that the Dissertation of Willibrordus Johannes
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`van Gils, entitled Design of Error-Control Coding Schemes for Three Problems of Noisy
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`Information Transmission, Storage and Processing (herein “Gils Dissertation”), Ex. 1010,
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`was available at TU/e Technische Universiteit, or in English, Eindhoven University of
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`Technology (herein “TU/e”), located at 5612 AZ, Eindhoven, Netherlands, as can be
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`seen at https://research.tue.nl/en/publications/design-of-error-control-coding-schemes-
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`for-three-problems-of-nois, last visited on August 21, 2018.
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`3.
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`On or about July 27, 2018, I also determined that the Gils Dissertation was listed on
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`WorldCat Online Library Catalog database, found at www.worldcat.org.
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`4.
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`Exhibit 1025 is a true an correct copy of the WorldCat database at
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`http://www.worldcat.org/search?qt=worldcat_org_all&q=Design+of+error-
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`control+coding+schemes+for+three+problems+of+noisy+information+transmission%2C
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`+storage+and+processing, last visited on August 18, 2018.
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`5.
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`WorldCat Library indicated the Gils Dissertation is available at least at the following
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`Libraries:
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`•
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`•
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`University of New South Wales, Canberra Campus (herein “UNSW”), located at
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`Northcott Dr, Campbell ACT 2600, Australia, id. at 5;
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`Technische Informationsbibliothek, or in English, TIB – Leibniz Information
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`Centre for Science and Technology and University Library, or otherwise known as
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`the German National Library of Science and Technology (herein “TIB”), located at
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`located at Welfengarten 1B, 30167, Hannover, Germany, id. at 4;
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`•
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`Karlsruher Institut für Technologie, or in English Karlsruher Institute of
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`Technology (herein “KIT”), located at Strasse am Forum 2, Geb. 30.50/30.51,
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`76131, Karlsruhe, Germany, id.;
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`•
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`Technische Universität Hamburg, Universitätsbibliothek, or in English, Hamburg
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`University of Technology (herein “TUHH”), located at Denickestraße 22, 21073,
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`Hamburg, Germany, id. at 3;
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`•
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`Sächsische Landesbibliothek - Staats- und Universitätsbibliothek Dresden, or in
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`English Saxon State and University Library Dresden (herein “SLUB”), located at
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`Zellescher Weg 18, 01069, Dresden, Germany, id. at 5; and
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`•
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`Tilburg University, located at Warandelaan 2, 5037 AB Tilburg, Netherlands, id. at
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`3.
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`
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` University of New South Wales
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`6.
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`Between the dates of July 29, 2018 and August 7, 2018, I corresponded with Mr. Michael
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`Lemmer, Liaison Librarian for UNSW, at the email address askus@unsw-
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`adfa.libanswers.com, and by phone number +61 (2) 6268 8475, in New South Wales,
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`Australia, regarding the Gils Dissertation.
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`Exhibit 1026 is a true and correct copy of the correspondence with UNSW. Id. at 1-5.
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`On July 29, 2018, I initially contacted UNSW, located in Canberra, Australia, at the e-
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`mail address listed above, inquiring as to when the Gils Dissertation was publicly
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`available for viewing. Id. at 3.
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`-2-
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`7.
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`8.
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`9.
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`On August 1, 2018, Mr. Lemmer confirmed that the hardcopy of the Gils Dissertation
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`included a “record of purchase on the back cover of the thesis. [Mr. Lemmer]
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`confirm[ed] it was added to [UNSW’s] collection on May 22, 1990.” Id. at 2.
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`10.
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`On August 7, 2018, Mr. Lemmer sent me a copy of the front and last page of the Gils
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`Dissertation, wherein the last page showed the acquisition record: “QA 268 .654 1988[,]
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`Design of error-control coding schemes for three problems . . .[,] Gils, Willibrodus
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`Johannes va[,] BARCODE 235541[,] BRN 193921[,] ADFA Library[,] 22 May 1990.”.
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`Id. at 4-5.
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`
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`German National Library of Science and Technology
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`11.
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`TIB’s website https://www.tib.eu/en/tib/profile/ states:
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`[a]cting in the capacity of the German National Library of Science and Technology, as
`well as architecture, chemistry, computer science, mathematics and physics, the TIB –
`Leibniz Information Centre for Science and Technology and University Library provides
`academia, research and business with literature and information. Its remit is to preserve
`recorded knowledge and to provide the latest information, both now and in the future,
`irrespective of the time and the place. TIB is actively engaged in promoting Open Access
`and thus supports unrestricted, free access to scientific information. In its capacity as a
`University Library, TIB ensures that all faculties of Leibniz Universität Hannover are
`supplied with information.
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`Exhibit 1027 is a true and correct copy of the “Profile” from TIB’s website.
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`Between the dates of July 30, 2018 and July 31, 2018, I corresponded with TIB, located
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`in Hannover, Germany, regarding the Gils Dissertation.
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`Exhibit 1028 is a true and correct copy of the correspondence with TIB.
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`On July 30, 2018, I contacted TIB at the e-mail address of customerservice@tib.eu
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`regarding the Gils Dissertation. Id. at 3-4.
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`-3-
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`12.
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`13.
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`14.
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`15.
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`16.
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`On the same day I received a reply from Petra Gugat, customer service, from the email
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`address customerservice@tib.eu, stating that an accession certificate could be issue by
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`TIB. Id. at 3.
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`17.
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`On July 31, 2018, I received an email from kundenservice@tib.edu enclosing the
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`accession certificate from TIB, signed by Ursula Krys, of the Teamleitung
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`Hochschulschriften, Geschenke Abteilung Bestandsentwicklung und Metadaten
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`Welfengarten 1 B // 30167 Hannover. Id. at 1-2. This Certificate states that the Gils
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`Dissertation “was incorporated at our establishment on July 18th, 1988, under the shelf
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`mark DR 1111.” Id. at 2.
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`
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`Karlsruher Institute of Technology
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`18.
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`Between the dates of July 28, 2018 and July 31, 2018, I corresponded with KIT, located
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`in Karlsruhe, Germany, regarding the Gils Dissertation.
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`Exhibit 1029 is a true and correct copy of the correspondence with KIT.
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`On July 28, 2018, I initially contacted KIT, at the email address info@bibliothek.kit.edu,
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`19.
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`20.
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`regarding the Gils Dissertation. Id. at 2.
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`21.
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`On July 30, 2018, I received a response from Ms. Heidi Young Farmer, Information
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`Desk, stating the Gils Dissertation “got a shelfmark from the year 1988 (88 DA 3742).”
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`On the same day, I sent a follow up email to Ms. Farmer. Id. at 1-2.
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`22.
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`On July 31, 2018, I received a response from Ms. Karin Bühler, with the Department of
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`Acquisition and Cataloguing from the KIT library, from the email address
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`karin.buehler@kit.edu, stating that the request had been forwarded to her by Ms. Farmer.
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`Ms. Bühler further stated that the Gils Dissertation was cataloged by KIT on June 28,
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`1989. Id. at 1.
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`
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`Hamburg University of Technology
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`23.
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`Between the dates of July 28, 2018 and July 30, 2018, I corresponded with TUHH,
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`24.
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`25.
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`located in Hamburg, Germany, regarding the Gils Dissertation.
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`Exhibit 1030 is a true and correct copy of the correspondence with TUHH.
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`On July 28, 2018, I contacted the TUHH, located in Hamburg, Germany, via online
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`contact form at https://www.tub.tuhh.de/service/beratung/, regarding the Gils
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`Dissertation.
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`26.
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`On July 30, 2018, Ms. Karin Lass responded, from the email address bibliothek@tuhh.de,
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`stating that the Gils Dissertation had been available at TUHH since April 4, 1988. Id.
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`
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`Saxon State and University Library Dresden
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`27.
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`Between the dates of July 28, 2018 and August 13, 2018, I corresponded with SLUB,
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`located in Dresden, Germany, regarding the Gils Dissertation.
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`28.
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`29.
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`Exhibit 1031 is a true and correct copy of the correspondence with SLUB.
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`On July 28, 2018, I contacted SLUB via online contact form at https://www.slub-
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`dresden.de/kontaktformular/, regarding the Gils Dissertation. Id.
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`30.
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`On August 13, 2018, Ms. Katharina Meyer responded, from the email address
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`auskunft@slub-dresden.de, stating the Gils Dissertation was available “maybe in the
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`years 1992 or 93. From this date on the item could be viewed or checked out.” Id. at 3
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`Eindhoven University of Technology
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`31.
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`Between the dates of July 28, 2018 and July 29, 2018, I corresponded with TU/e, located
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`32.
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`33.
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`in Eindhoven, Netherlands, regarding the Gils Dissertation.
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`Exhibit 1032 is a true and correct copy of the correspondence with TU/e.
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`On July 28, 2018, I contacted Eindhoven, located in Eindhoven, Netherlands, via online
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`contact form at https://www.tue.nl/en/university/library/practical-information/ask-a-
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`question-problem-report/ask-a-question-problem-report-librarysearch/, regarding the Gils
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`Dissertation. Id.
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`34.
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`On July 29, 2018, I received a response from John G. Engles, of the Library Search
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`Helpdesk, from the email address iec.librarysearch@tue.nl. Mr. Engles stated “[t]he
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`promotion date is 5 January 1988, and the day after the promotion, a hard copy was
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`available in the library.” Id.
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`
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`Tilburg University
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`35.
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`Between the dates of July 28, 2018 and July 30, 2018, I corresponded with Tilburg
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`36.
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`37.
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`University, located in Tilburg, Netherlands, regarding the Gils Dissertation.
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`Exhibit 1033 is a true and correct copy of the correspondence with Tilburg University.
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`On July 28, 2018, I contacted Tilburg University, at the email address
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`library@tilburguniversity.edu, regarding the Gils Dissertation. Id. at 2.
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`38.
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`On July 30, 2018, I received a response from Emmy Golstein, from the email address
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`listed above, stating that Tilburg University’s metadata showed that the Gils Dissertation
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`was available as of April 26, 1998. Id. at 1.
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`The Philips Technical Review
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`39.
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`On August 14, 2018, I became aware that the Gils Dissertation was mentioned as
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`scientific publication on Philips Technical Review, volume 44, no. 2, p. 60, April 1988
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`(“Philips Tech. Rev.”). The Philips Tech. Rev. is a well-established publication dating
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`back to 1936, as it can be seen at
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`http://www.extra.research.philips.com/hera/people/aarts/_Philips%20Bound%20Archive/
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`PTechReview/, where the Philips Tech. Rev. can be downloaded.
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`40.
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`Exhibit 1034 is a true and correct copy of the Philips Tech. Rev. found at
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`http://www.extra.research.philips.com/hera/people/aarts/_Philips%20Bound%20Archive/
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`PTechReview/, last visited August 20, 2018.
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`41.
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`On the same day, I performed a search for the Philips Tech. Rev. on the Stanford
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`University Library website at http://library.stanford.edu/. I found the Philips Tech. Rev.
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`at https://searchworks.stanford.edu/view/373810. I clicked on “Librarian View” at the
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`bottom right of this page to view the cataloging details for the publication. According to
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`Stanford University Library’s website, the Philips Tech. Rev. was cataloged on
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`November 30, 1990.
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`42.
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`Exhibit 1035 is a true and correct copy of a screenshot of Stanford’s Librarian View for
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`the Philips Tech. Rev, with the relevant portions highlighted, showing the date that it was
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`cataloged.
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`The Philips Journal of Research
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`43.
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`On August 4, 2018, I became aware that the constructions of optimal binary linear
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`unequal error protection codes A at p. 57, E at p. 59, G at p.60 , and K at p 62 of the
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`Appendix; and table I at pp. 25-27 of the Gils Dissertation appeared in Philips Journal of
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`Research, vol. 39, no.6, 1984 (“Philips Journal”) in pp. 297, 299, 300, 295-296,
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`respectively. On the same day, I searched for the Philips Journal online and found a copy
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`at
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`44.
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`45.
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`http://www.extra.research.philips.com/hera/people/aarts/_Philips%20Bound%20Archive/
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`Binders/PJR-38_39-1983_84_B.pdf.
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`Exhibit 1023 is a true and correct copy of the Philips Journal.
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`On August 14, 2018, I performed a search for the Philips Journal on the Stanford Library
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`website, as listed above on ¶ 41, and clicked on “Librarian View” at the bottom right of
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`https://searchworks.stanford.edu/view/366857 to view the cataloging details for the
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`publication. According to Stanford University Library’s website, the Philips Journal was
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`cataloged on December 20, 1993.
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`46.
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`Exhibit 1036 is a true and correct copy of a screenshot of the Librarian View for the
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`Philips Journal, with the relevant portions highlighted, showing the date that it was
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`cataloged.
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`-8-
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`I declare under the penalty of perjury under the laws of the United States of America that the
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`foregoing is true and correct.
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`Ximena Solano Suarez
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`Executed on August 22, 2018 in San Diego, California.
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