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`1. My name is Oliver Heinisch. I am an attorney for Sheppard, Mullin, Richter & Hampton,
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`LLP, counsel for HTC Corporation and HTC America, Inc. If called as a witness, I could
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`and would competently testify to all facts within my personal knowledge except where
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`stated upon information and belief.
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`2. On or about July 31, 2018, I determined that the Dissertation of Willibrordus Johannes van
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`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”), was listed
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`on the WorldCat Online Library Catalog database, found at www.worldcat.org.
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`3.
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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+s
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`torage+and+processing, last visited on August 18, 2018.
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`4. WorldCat Library indicated the Gils Dissertation is available at least at the following
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`Libraries:
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`• Technische Universität Hamburg, Universitätsbibliothek, or in English, Hamburg
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`University of Technology Library, (herein “TUHH”), located at Hamburg, 21073
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`Germany, Id. at 3;
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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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`Hannover, 30167 Germany, Id. at 4; and
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`• Universitätsbibliothek Stuttgart, or in English, University Stuttgart Library, located
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`at Stuttgart, 70174 Germany, Id. at 5.
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`• Karlsruher Institut für Technologie (herein “KIT”), or in English Karlsruhe Institute
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`for Technology located at Strasse am Forum 2, Geb. 30.50/30.51, 76131 Karlsruhe,
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`Id. at 4.
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`Hamburg University of Technology
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`5. Between July 31, 2018 and August 2, 2018, I corresponded with representatives at
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`Hamburg University of Technology (TUHH) at Denickestr. 22, 21073 Hamburg, Germany
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`regarding the Gils Dissertation.
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`6.
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`Exhibit 1038 is a true and correct copy of the correspondence with TUHH, a certified
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`translation of the correspondence, and a certificate of translation. Id. at 1-11.
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`7. On July 31, 2018, Mr. Tobias Zeumer from TUHH contacted me and provided a URL to
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`TUHH’s Library’s catalogued “cryptic view” of the complete record of the Gills
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`Dissertation at
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`https://katalog.b.tuhh.de/DB=1/SET=2/TTL=1/PRS/PPN?PPN=01676479X, which shows
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`the relevant date of the reference is 1988. Id. at 4-5. A true and correct copy of this
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`“cryptic view” is included at Id. at 12-14, last visited on August 20, 2018,
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`8. Mr. Zeumer also suggested viewing the Library record at the University of Technology in
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`Eindhoven, which also listed the Gils Dissertation as published in 1988 at
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`https://research.tue.nl/en/publications/design-of-error-control-coding-schemes-for-three-
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`problems-of-nois. Id. at 3-4. A true and correct copy of the Eindhoven record is included
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`in id. at 15-16, last visited on August 20, 2018.
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`9. On August 1, 2018, I corresponded with Mr. Thomas Hapke, Subject Librarian for
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`Chemical Engineering University Library, at TUHH, using the e-mail address of
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`SMRH:487528728.1
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`hapke@tuhh.de, and phone number +49 40 42878-3365, to discuss the public availability
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`of the Gils Dissertation.
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`10. On August 2, 2018, Mr. Hapke sent a “Letter of Declaration: Gils, Wil J. van, and
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`Willibrordus Johannes van Gils, Design of Error-control Coding Schemes for Three
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`Problems of Noisy Information Transmission, Storage and Processing, 1988, Eindhoven,
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`Techn. Univ. Diss.” (“Letter of Declaration”). Id. at 17-18.
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`11. This letter states Mr. Hapke is a “librarian for chemical engineering . . . currently employed
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`at the University Library of the Hamburg University of Technology (TUHH) . . . at
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`Denickstr. 22, 21073 Hamburg, Germany . . . since 1988.” Id. at 17. Based on his
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`employment, he has “access to and knowledge of the Library’s current registration
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`practices, including cataloging, indexing and shelving. These practices have remained
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`consistent throughout [his] tenure at the Library until today.” Id.
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`12. Mr. Hapke explained that the TUHH “Library is accessible, free of charge, to the general
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`public.” Id. Mr. Hapke further explained that:
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`Already in 1988 there existed a digital cataloging system for all our holdings
`including theses, which was migrated later to the system of the GBV Common
`Library Network of the German States Bremen, Hamburg, Mecklenburg-
`Vorpommem, Niedersachsen, Sachsen-Anhalt, Schleswig-Holstein, Thiiringen
`and the Foundation of Prussian Cultural Heritage, which is still used today. The
`date of the first cataloging of each item by the Library staff is still visible in its
`catalog entry (see also attachment). According to the Library's regular practices,
`which were in effect in 1988 and still are today, any item (books, theses, etc.)
`indexed in the Library's catalogue is searchable by subject, author, and title. After
`cataloging items in the Library, these are and have been available since 1988 for
`viewing, copying or borrowing by each of our registered users at the latest within
`5 days normally, very often considerably earlier.
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`The thesis or dissertation by Willibrordus Johannes van Gils, published in 1988
`under the name 'Design of error-control coding schemes for three problems of
`noisy information transmission, storage and processing’, was first received by the
`Library in 1988. Still today it can be borrowed by our users, see the entry in our
`catalog today at http://katalog.tub.tuhh.de/Record/01676479X. As you see in the
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`attachments a further copy was catalogued the same year by another library of the
`GBV. The thesis by Van Gils has been cataloged by the date April 28, 1988 in the
`TUHH library. The thesis has been openly accessible for use to the public after a
`processing time of at the latest 5 days under the shelf call number ‘2108-5334’ in
`our closed stacks, from which it can be ordered and borrowed at once until today.
`See as attachment a photo of the copy of the dissertation, which has been
`borrowed by me.
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`Id. at 17-18.
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`13. Mr. Hapke also included a screenshot of the GBV Common Library Network catalogue
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`entry for the Gils Dissertation with the cataloging date, available through the TUHH library
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`website. Id. at 19.
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`14. Mr. Hapke also sent a screenshot of the entry of the dissertation in the catalog at TUHH
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`today (id. at 20), and a photocopy of the hardcopy of the Gils Dissertation next to a print
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`out of the receipt indicating that the Gils Dissertation was checked out to Mr. Hapke on
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`August 2, 2018. Id. at 21.
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`Technische Informationsbibliothek
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`15. On August 1, 2018, my colleague Ximena Solano Suarez obtained a Certificate, signed by
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`Ursula Krys of Technische lnformationsbibliothek (TIB) in Hanover Germany, regarding
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`the public availability of the Gils Dissertation at TIB. See Exhibit 1028 at 2.
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`16. From August 1, 2018 through August 15, 2015, I corresponded with TIB, and Anke
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`Bartsch, at email address anke.bartsch@tib.eu.
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`17. Exhibit 1039 is a true and correct copy of the correspondence with TIB, a certified
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`translation of the correspondence, and a certificate of translation. Id. at 1-7.
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`18. On August 1, 2018, I asked TIB for a more detailed letter regarding the cataloguing of the
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`Gils Dissertation. Id. at 2.
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`19. On August 14, 2018, I contacted Anke Bartsch again, reiterating my request above. Id.
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`20. On August 15, 2018, Dr. Andreas Lütjen, with the title of Division Management
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`Acquisition and Cataloging, Department of Inventory Development and Metadata,
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`responded to my email. Dr. Lütjen could not confirm the cataloguing procedure.
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`However, he could confirm that, according to the metadata of TIB’s composite cataloguing
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`database, as seen in the screenshot attached to the correspondence:
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`There are two categories marked in red, which contain a date. Both are local categories
`that only affect [TIB’s] library. The category 4900 is the date of our first registration[,
`which was dated July 18, 1988].
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`Id. at 8.
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`Universitätsbibliothek Stuttgart
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`21. From August 2, 2018 until August 14, 2018, I corresponded with the University Library of
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`Stuttgart and Mrs. Ingrid Eipper, an employee at the University Library of Stuttgart, at
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`email address diss@ub.uni-stuttgart.de.
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`22. Exhibit 1040 is a true and correct copy of the correspondence with the University Library
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`of Stuttgart and Mrs. Eipper, a certified translation of the correspondence, and a certificate
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`of translation.
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`23. On or around August 2, 2018, I contacted the University Stuttgart Library and spoke with
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`Ingrid Eipper, regarding the Library’s record of the Gils Dissertation. On August 2, 2108, I
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`sent an email confirming our conversation, upon which I asked her to provide an affidavit
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`that the Gils Dissertation was publicly available. Id. at 2-3.
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`24. On August 9, 2018, Mrs. Eipper confirmed in an email that she was unable to provide a
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`letter in the format requested unless she received approval from the legal advisor of the
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`university. Id. at 2.
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`25. However, on August 9, 2018, Mrs. Eipper confirmed that the University Library of
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`Stuttgart received the Gils Dissertation, with the shelfmark Diss. 1988/2295, in the year
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`1988, and verified that it was registered in the conventional card index by the University
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`Library of Stuttgart in 1988. Id.
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`26. Although unable to determine the exact date of acquisition, Mrs. Eipper confirmed that on
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`August 13, 1992 the title was recorded retrospectively in their online catalog. Id. Mrs.
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`Eipper attached a screenshot showing the electronic metadata record for the Gils
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`Dissertation. Id. at 1.
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`Karlsruher Institut für Technologie (KIT)
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`27. From August 2, 2018 to August 14, 2018, I corresponded with representatives from the
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`Library of Karlsruher Institut für Technologie (“KIT”), located at Strasse am Forum 2,
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`Geb. 30.50/30.51, 76131 Karlsruhe, at the telephone number +49 (0) 721/ 608-42273.
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`28. Exhibit 1041 is a true and correct copy of correspondence with KIT.
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`29. On August 2, 2018, I contacted KIT via telephone, at the telephone number +49 (0) 721/
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`608-42273. I spoke with Ms. Heidi Jungbauer regarding the Gils Dissertation, who then
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`directed me to Ms. Karin Bühler, of section Medienbearbeitung (or Media Processing)
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`from the KIT library, at the email address karin.buehler@kit.edu. Id. at 1.
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`30. On August 14, 2018, Ms. Bühler contacted me in an email stating that, within the KIT’s
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`library composite catalog database “Südwestdeutscher Bibliotheksverbund” for the Gils
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`Dissertation, the metadata shows that KIT library has owned the Gils Dissertation, and the
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`work was cataloged by KIT, since June 28, 1989. Id. at 1.
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`31. Ms. Bühler attached the screenshot of the Südwestdeutscher Bibliotheksverbund catalog
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`database respectively. Attached hereto in Id. at 4 is a true and correct copy of the
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`screenshot.
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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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`Oliver Heinisch
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`Executed on August l I, 2018 in __ L_o_ A.!_t)_~_i.r--_· - - - -
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