1.
`
`My name is Ximena Solano Suarez. I am an attorney at Sheppard Mullin Richter and
`
`Hampton LLP, counsel for HTC Corporation and HTC America, Inc. If called as a
`
`witness, I could and would competently testify to all facts within my personal knowledge
`
`except where stated upon information and belief.
`
`2.
`
`On or about July 27, 2018, I determined that the Dissertation of Willibrordus Johannes
`
`van Gils, entitled Design of Error-Control Coding Schemes for Three Problems of Noisy
`
`Information Transmission, Storage and Processing (herein “Gils Dissertation”), Ex. 1010,
`
`was available at TU/e Technische Universiteit, or in English, Eindhoven University of
`
`Technology (herein “TU/e”), located at 5612 AZ, Eindhoven, Netherlands, as can be
`
`seen at https://research.tue.nl/en/publications/design-of-error-control-coding-schemes-
`
`for-three-problems-of-nois, last visited on August 21, 2018.
`
`3.
`
`On or about July 27, 2018, I also determined that the Gils Dissertation was listed on
`
`WorldCat Online Library Catalog database, found at www.worldcat.org.
`
`4.
`
`Exhibit 1025 is a true an correct copy of the WorldCat database at
`
`http://www.worldcat.org/search?qt=worldcat_org_all&q=Design+of+error-
`
`control+coding+schemes+for+three+problems+of+noisy+information+transmission%2C
`
`+storage+and+processing, last visited on August 18, 2018.
`
`5.
`
`WorldCat Library indicated the Gils Dissertation is available at least at the following
`
`Libraries:
`
`•
`
`•
`
`University of New South Wales, Canberra Campus (herein “UNSW”), located at
`
`Northcott Dr, Campbell ACT 2600, Australia, id. at 5;
`
`Technische Informationsbibliothek, or in English, TIB – Leibniz Information
`
`Centre for Science and Technology and University Library, or otherwise known as
`
`
`
`
`
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`-1-
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`IPR2018-1556
`HTC EX1024, Page 1
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`
`
`My name is Ximena Solano Suarez. I am an attorney at Sheppard Mullin Richter and
`
`Hampton LLP, counsel for HTC Corporation and HTC America, Inc. If called as a
`
`witness, I could and would competently testify to all facts within my personal knowledge
`
`except where stated upon information and belief.
`
`2.
`
`On or about July 27, 2018, I determined that the Dissertation of Willibrordus Johannes
`
`van Gils, entitled Design of Error-Control Coding Schemes for Three Problems of Noisy
`
`Information Transmission, Storage and Processing (herein “Gils Dissertation”), Ex. 1010,
`
`was available at TU/e Technische Universiteit, or in English, Eindhoven University of
`
`Technology (herein “TU/e”), located at 5612 AZ, Eindhoven, Netherlands, as can be
`
`seen at https://research.tue.nl/en/publications/design-of-error-control-coding-schemes-
`
`for-three-problems-of-nois, last visited on August 21, 2018.
`
`3.
`
`On or about July 27, 2018, I also determined that the Gils Dissertation was listed on
`
`WorldCat Online Library Catalog database, found at www.worldcat.org.
`
`4.
`
`Exhibit 1025 is a true an correct copy of the WorldCat database at
`
`http://www.worldcat.org/search?qt=worldcat_org_all&q=Design+of+error-
`
`control+coding+schemes+for+three+problems+of+noisy+information+transmission%2C
`
`+storage+and+processing, last visited on August 18, 2018.
`
`5.
`
`WorldCat Library indicated the Gils Dissertation is available at least at the following
`
`Libraries:
`
`•
`
`•
`
`University of New South Wales, Canberra Campus (herein “UNSW”), located at
`
`Northcott Dr, Campbell ACT 2600, Australia, id. at 5;
`
`Technische Informationsbibliothek, or in English, TIB – Leibniz Information
`
`Centre for Science and Technology and University Library, or otherwise known as
`
`
`
`
`
`
`-1-
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`IPR2018-1556
`HTC EX1024, Page 1
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`
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`the German National Library of Science and Technology (herein “TIB”), located at
`
`located at Welfengarten 1B, 30167, Hannover, Germany, id. at 4;
`
`•
`
`Karlsruher Institut für Technologie, or in English Karlsruher Institute of
`
`Technology (herein “KIT”), located at Strasse am Forum 2, Geb. 30.50/30.51,
`
`76131, Karlsruhe, Germany, id.;
`
`•
`
`Technische Universität Hamburg, Universitätsbibliothek, or in English, Hamburg
`
`University of Technology (herein “TUHH”), located at Denickestraße 22, 21073,
`
`Hamburg, Germany, id. at 3;
`
`•
`
`Sächsische Landesbibliothek - Staats- und Universitätsbibliothek Dresden, or in
`
`English Saxon State and University Library Dresden (herein “SLUB”), located at
`
`Zellescher Weg 18, 01069, Dresden, Germany, id. at 5; and
`
`•
`
`Tilburg University, located at Warandelaan 2, 5037 AB Tilburg, Netherlands, id. at
`
`3.
`
`
`
` University of New South Wales
`
`6.
`
`Between the dates of July 29, 2018 and August 7, 2018, I corresponded with Mr. Michael
`
`Lemmer, Liaison Librarian for UNSW, at the email address askus@unsw-
`
`adfa.libanswers.com, and by phone number +61 (2) 6268 8475, in New South Wales,
`
`Australia, regarding the Gils Dissertation.
`
`Exhibit 1026 is a true and correct copy of the correspondence with UNSW. Id. at 1-5.
`
`On July 29, 2018, I initially contacted UNSW, located in Canberra, Australia, at the e-
`
`mail address listed above, inquiring as to when the Gils Dissertation was publicly
`
`available for viewing. Id. at 3.
`
`-2-
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`7.
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`8.
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`IPR2018-1556
`HTC EX1024, Page 2
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`9.
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`On August 1, 2018, Mr. Lemmer confirmed that the hardcopy of the Gils Dissertation
`
`included a “record of purchase on the back cover of the thesis. [Mr. Lemmer]
`
`confirm[ed] it was added to [UNSW’s] collection on May 22, 1990.” Id. at 2.
`
`10.
`
`On August 7, 2018, Mr. Lemmer sent me a copy of the front and last page of the Gils
`
`Dissertation, wherein the last page showed the acquisition record: “QA 268 .654 1988[,]
`
`Design of error-control coding schemes for three problems . . .[,] Gils, Willibrodus
`
`Johannes va[,] BARCODE 235541[,] BRN 193921[,] ADFA Library[,] 22 May 1990.”.
`
`Id. at 4-5.
`
`
`
`German National Library of Science and Technology
`
`11.
`
`TIB’s website https://www.tib.eu/en/tib/profile/ states:
`
`[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.
`
`Exhibit 1027 is a true and correct copy of the “Profile” from TIB’s website.
`
`Between the dates of July 30, 2018 and July 31, 2018, I corresponded with TIB, located
`
`in Hannover, Germany, regarding the Gils Dissertation.
`
`Exhibit 1028 is a true and correct copy of the correspondence with TIB.
`
`On July 30, 2018, I contacted TIB at the e-mail address of customerservice@tib.eu
`
`regarding the Gils Dissertation. Id. at 3-4.
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`-3-
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`
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`
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`12.
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`13.
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`14.
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`15.
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`IPR2018-1556
`HTC EX1024, Page 3
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`16.
`
`On the same day I received a reply from Petra Gugat, customer service, from the email
`
`address customerservice@tib.eu, stating that an accession certificate could be issue by
`
`TIB. Id. at 3.
`
`17.
`
`On July 31, 2018, I received an email from kundenservice@tib.edu enclosing the
`
`accession certificate from TIB, signed by Ursula Krys, of the Teamleitung
`
`Hochschulschriften, Geschenke Abteilung Bestandsentwicklung und Metadaten
`
`Welfengarten 1 B // 30167 Hannover. Id. at 1-2. This Certificate states that the Gils
`
`Dissertation “was incorporated at our establishment on July 18th, 1988, under the shelf
`
`mark DR 1111.” Id. at 2.
`
`
`
`Karlsruher Institute of Technology
`
`18.
`
`Between the dates of July 28, 2018 and July 31, 2018, I corresponded with KIT, located
`
`in Karlsruhe, Germany, regarding the Gils Dissertation.
`
`Exhibit 1029 is a true and correct copy of the correspondence with KIT.
`
`On July 28, 2018, I initially contacted KIT, at the email address info@bibliothek.kit.edu,
`
`19.
`
`20.
`
`regarding the Gils Dissertation. Id. at 2.
`
`21.
`
`On July 30, 2018, I received a response from Ms. Heidi Young Farmer, Information
`
`Desk, stating the Gils Dissertation “got a shelfmark from the year 1988 (88 DA 3742).”
`
`On the same day, I sent a follow up email to Ms. Farmer. Id. at 1-2.
`
`22.
`
`On July 31, 2018, I received a response from Ms. Karin Bühler, with the Department of
`
`Acquisition and Cataloguing from the KIT library, from the email address
`
`karin.buehler@kit.edu, stating that the request had been forwarded to her by Ms. Farmer.
`
`
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`-4-
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`IPR2018-1556
`HTC EX1024, Page 4
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`
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`Ms. Bühler further stated that the Gils Dissertation was cataloged by KIT on June 28,
`
`1989. Id. at 1.
`
`
`
`Hamburg University of Technology
`
`23.
`
`Between the dates of July 28, 2018 and July 30, 2018, I corresponded with TUHH,
`
`24.
`
`25.
`
`located in Hamburg, Germany, regarding the Gils Dissertation.
`
`Exhibit 1030 is a true and correct copy of the correspondence with TUHH.
`
`On July 28, 2018, I contacted the TUHH, located in Hamburg, Germany, via online
`
`contact form at https://www.tub.tuhh.de/service/beratung/, regarding the Gils
`
`Dissertation.
`
`26.
`
`On July 30, 2018, Ms. Karin Lass responded, from the email address bibliothek@tuhh.de,
`
`stating that the Gils Dissertation had been available at TUHH since April 4, 1988. Id.
`
`
`
`Saxon State and University Library Dresden
`
`27.
`
`Between the dates of July 28, 2018 and August 13, 2018, I corresponded with SLUB,
`
`located in Dresden, Germany, regarding the Gils Dissertation.
`
`28.
`
`29.
`
`Exhibit 1031 is a true and correct copy of the correspondence with SLUB.
`
`On July 28, 2018, I contacted SLUB via online contact form at https://www.slub-
`
`dresden.de/kontaktformular/, regarding the Gils Dissertation. Id.
`
`30.
`
`On August 13, 2018, Ms. Katharina Meyer responded, from the email address
`
`auskunft@slub-dresden.de, stating the Gils Dissertation was available “maybe in the
`
`years 1992 or 93. From this date on the item could be viewed or checked out.” Id. at 3
`
`
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`-5-
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`IPR2018-1556
`HTC EX1024, Page 5
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`
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`Eindhoven University of Technology
`
`31.
`
`Between the dates of July 28, 2018 and July 29, 2018, I corresponded with TU/e, located
`
`32.
`
`33.
`
`in Eindhoven, Netherlands, regarding the Gils Dissertation.
`
`Exhibit 1032 is a true and correct copy of the correspondence with TU/e.
`
`On July 28, 2018, I contacted Eindhoven, located in Eindhoven, Netherlands, via online
`
`contact form at https://www.tue.nl/en/university/library/practical-information/ask-a-
`
`question-problem-report/ask-a-question-problem-report-librarysearch/, regarding the Gils
`
`Dissertation. Id.
`
`34.
`
`On July 29, 2018, I received a response from John G. Engles, of the Library Search
`
`Helpdesk, from the email address iec.librarysearch@tue.nl. Mr. Engles stated “[t]he
`
`promotion date is 5 January 1988, and the day after the promotion, a hard copy was
`
`available in the library.” Id.
`
`
`
`Tilburg University
`
`35.
`
`Between the dates of July 28, 2018 and July 30, 2018, I corresponded with Tilburg
`
`36.
`
`37.
`
`University, located in Tilburg, Netherlands, regarding the Gils Dissertation.
`
`Exhibit 1033 is a true and correct copy of the correspondence with Tilburg University.
`
`On July 28, 2018, I contacted Tilburg University, at the email address
`
`library@tilburguniversity.edu, regarding the Gils Dissertation. Id. at 2.
`
`38.
`
`On July 30, 2018, I received a response from Emmy Golstein, from the email address
`
`listed above, stating that Tilburg University’s metadata showed that the Gils Dissertation
`
`was available as of April 26, 1998. Id. at 1.
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`
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`-6-
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`IPR2018-1556
`HTC EX1024, Page 6
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`
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`The Philips Technical Review
`
`39.
`
`On August 14, 2018, I became aware that the Gils Dissertation was mentioned as
`
`scientific publication on Philips Technical Review, volume 44, no. 2, p. 60, April 1988
`
`(“Philips Tech. Rev.”). The Philips Tech. Rev. is a well-established publication dating
`
`back to 1936, as it can be seen at
`
`http://www.extra.research.philips.com/hera/people/aarts/_Philips%20Bound%20Archive/
`
`PTechReview/, where the Philips Tech. Rev. can be downloaded.
`
`40.
`
`Exhibit 1034 is a true and correct copy of the Philips Tech. Rev. found at
`
`http://www.extra.research.philips.com/hera/people/aarts/_Philips%20Bound%20Archive/
`
`PTechReview/, last visited August 20, 2018.
`
`41.
`
`On the same day, I performed a search for the Philips Tech. Rev. on the Stanford
`
`University Library website at http://library.stanford.edu/. I found the Philips Tech. Rev.
`
`at https://searchworks.stanford.edu/view/373810. I clicked on “Librarian View” at the
`
`bottom right of this page to view the cataloging details for the publication. According to
`
`Stanford University Library’s website, the Philips Tech. Rev. was cataloged on
`
`November 30, 1990.
`
`42.
`
`Exhibit 1035 is a true and correct copy of a screenshot of Stanford’s Librarian View for
`
`the Philips Tech. Rev, with the relevant portions highlighted, showing the date that it was
`
`cataloged.
`
`
`
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`-7-
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`IPR2018-1556
`HTC EX1024, Page 7
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`
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`The Philips Journal of Research
`
`43.
`
`On August 4, 2018, I became aware that the constructions of optimal binary linear
`
`unequal error protection codes A at p. 57, E at p. 59, G at p.60 , and K at p 62 of the
`
`Appendix; and table I at pp. 25-27 of the Gils Dissertation appeared in Philips Journal of
`
`Research, vol. 39, no.6, 1984 (“Philips Journal”) in pp. 297, 299, 300, 295-296,
`
`respectively. On the same day, I searched for the Philips Journal online and found a copy
`
`at
`
`44.
`
`45.
`
`http://www.extra.research.philips.com/hera/people/aarts/_Philips%20Bound%20Archive/
`
`Binders/PJR-38_39-1983_84_B.pdf.
`
`Exhibit 1023 is a true and correct copy of the Philips Journal.
`
`On August 14, 2018, I performed a search for the Philips Journal on the Stanford Library
`
`website, as listed above on ¶ 41, and clicked on “Librarian View” at the bottom right of
`
`https://searchworks.stanford.edu/view/366857 to view the cataloging details for the
`
`publication. According to Stanford University Library’s website, the Philips Journal was
`
`cataloged on December 20, 1993.
`
`46.
`
`Exhibit 1036 is a true and correct copy of a screenshot of the Librarian View for the
`
`Philips Journal, with the relevant portions highlighted, showing the date that it was
`
`cataloged.
`
`
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`-8-
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`IPR2018-1556
`HTC EX1024, Page 8
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`I declare under the penalty of perjury under the laws of the United States of America that the
`
`foregoing is true and correct.
`
`Ximena Solano Suarez
`
`Executed on August 22, 2018 in San Diego, California.
`
`-9-
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`IPR2018-1556
`HTC EX1024, Page 9
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`
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