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`1. My name is Otto Steinbusch. 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 stated herein within my personal knowledge.
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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
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`published at Eindhoven University of Technology (herein “TU/e”), located at 5612 AZ,
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`Eindhoven, Netherlands, as seen at the following link:
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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.
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`3. On or about July 31, 2018, I also determined that the WorldCat Online Library Catalog
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`database, found at www.worldcat.org, also identified the Gils Dissertation to be located at
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`eighteen libraries, including at least:
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`• Bibliotheek UvA/HvA, or, in English, Amsterdam University Library (herein “UvA”),
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`located at Singel 425, 1012 WP Amsterdam, Netherlands, as seen at the following link:
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`http://lib.uva.nl/primo_library/libweb/action/search.do?fn=search&ct=search&initialSea
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`rch=true&mode=Basic&tab=all&indx=1&dum=true&srt=rank&vid=UVA&frbg=&tb=t
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`&vl%28freeText0%29=Design+of+error-
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`control+coding+schemes+for+three+problems+of+noisy+information+transmission%2
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`C+storage+and+processing+&scp.scps=scope%3A%28UVA%29%2Cprimo_central_m
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`ultiple_fe; and
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`• Koninklijke Bibliotheek| van Nederland, or, in English, KB National Library of the
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`Netherlands (herein “KB National Library”), located at Prins Willem-Alexanderhof 5,
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`SMRH:487537298.1
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`2595 BE Den Haag, Netherlands, as seen at the following link:
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`http://opc4.kb.nl/xslt/DB=1/CMD?&TRM=Design%20of%20error-
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`control%20coding%20schemes%20for%20three%20problems%20of%20noisy%20infor
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`mation%20transmission%2C%20storage%20and%20processing%20&SRT=YOP&IKT
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`=1016&ACT=SRCHA&LNG=EN&lang=en&op=Search.
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`4.
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`Exhibit 1025 is a true an correct copy of the WorldCat database for the Gils Dissertation 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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`Eindhoven University of Technology
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`5. Between the dates July 30, 2018 and August 2, 2018, I corresponded with the IEC
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`Helpdesk, at email address, IEC.Help,desk@tue.nl, of TU/e, in Eindhoven, Netherlands
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`regarding the Gils Dissertation.
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`6.
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`Exhibit 1043 is a true and correct copy of the correspondence I had with TU/e, a certified
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`translation of the correspondence, and a certificate of translation. Id. at 1-7.
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`7. On July 30, 2018, after a telephonic conversation with the Helpdesk at TU/e, at telephone
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`number +31 (0)40 247 23 81, I sent a request for information via email to the Helpdesk at
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`TU/e, asking them to confirm when the Gils Dissertation was available at the library for
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`review, and how the Gils Dissertation was catalogued. Id. at 2. I referenced the TU/e
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`online catalogue at https://research.tue.nl/en/publications/design-of-error-control-coding-
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`schemes-for-three-problems-of-nois which shows the Gils Dissertation as published in
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`1988. A true and correct copy of this online catalogue entry is found in id. at 6-7, last
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`visited on August 21, 2018.
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`8. On August 2, 2018, John G. Engels, of the IEC Helpdesk of Eindhoven University of
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`Technology, from email address J.G.A.Engels@tue.nl responded to my email. Id. at 1.
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`Mr. Engelsstated that the official publication date is typically the day the dissertation was
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`defended (that was January 5, 1988). Id.
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`9. Mr. Engelsfurther stated that the day after graduation, the printed thesis was added to the
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`collection, which was on January 6, 1988. Id. Finally, he also stated that the thesis first
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`went to the librarian to add codes (TU/e codes, in this case APA) (= thesis from
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`Eindhoven), APD, (= thesis in the field of Informatics), DNH (subject = Coding theory);
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`then it came back to the catalog department to label the book. Mr. Engelsstated this process
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`takes a few weeks. Id.
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`Bibliotheek UvA/HvA (AMSTERDAM)
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`10. Between July 30, 2018 and August 1, 2018, I corresponded with Bibliotheek UvA/HvA or
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`the UvA regarding the Gils Dissertation.
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`11. Exhibit 1044 is a true and correct copy of the correspondence with UvA, a certified
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`translation of the correspondence, and a certificate of translation. Id. at 1-11.
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`12. On July 30, 2018, I contacted Ms. Claudine Derrez, at email C.G.H.Derrez@uva.nl, and
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`Ms. Martien Versteeg, at email M.G.Versteeg@uva.nl, of the Bibliotheek UvA/HvA. I
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`asked them to confirm when the Gils Dissertation was available at the library for review,
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`and how the Gils Dissertation was catalogued. Id. at 4.
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`13. On July 31, 2018, I received a response from Lidie Koeneman, at email
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`A.A.Koeneman@uva.nl, who has been working at the library since 1990. Id. at 2. Ms.
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`Koeneman stated that although they cannot pinpoint the exact date that the Gils
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`Dissertation became available at the University Library of the UvA, they can attest to the
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`fact that it was “definitely available in 1994.” Id. They cannot confirm any earlier than
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`this date. Id.
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`14. Ms. Koeneman also attested to the fact that:
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`The National Catalog can tell which libraries the thesis can be found in, and can also
`show you which keywords and codes were used to unlock the subject. So apart from
`the author’s name, the subject was also unlocked: by code (Dewey, UDC, Unesco)
`and by keyword. (Available in Amsterdam, Delft, KB [Royal Library], Eindhoven,
`RUG [University of Groningen], Leiden, Tilburg, Utrecht.) . . . The National Catalog
`already existed in 1988.
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`Id.
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`15. Ms. Koeneman provided a screenshot of the UvA catalog found at
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`http://permalink.opc.uva.nl/item/000142752. A true and correct copy of this URL is in id.
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`at 11, last visited on August 21, 2018.
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`16. Finally, Ms. Koeneman provided an explanation as to whether or not everyone was able to
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`access the Gils Declaration in the Dutch Central Catalog (“NCC”) since 1995:
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`Since 1983, the Dutch Central Catalog has functioned as an computerized system the
`Dutch libraries could use to request books from each other. From the early nineties,
`the NCC has been available to all library users online. Since that time, the university
`libraries have been entering keywords. The UB [University Library] of Amsterdam
`already did this earlier, but this input did not become visible in the NCC until 1995.
`The administrative catalog (the Common Computerized Library System (GGC))
`shows that the UB of the UvA [Amsterdam University] allocated the keywords of the
`thesis of Van Gils, probably in 1994, but they were only visible in the NCC from
`1995. Based on the allocated keywords - Data transmission, Errors, Correction,
`Coding theory; Theses (type) – the thesis could have been found by subject from
`1995! I cannot assess how likely this is in practice. Retraceable by Dewey-code or
`UDC is not obvious. That classification is too broad and would lead to too many hits.
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`In the GGC I can also see that other libraries have not allocated local keywords (local
`= only visible in their own local catalog), apart from the UB of TU [University of
`Technology] Delft; but I do not know what year that happened. The following
`keywords were used in Delft: coding theory, communication theory, error-correcting
`codes, information theory, dissertation.
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`Id. at 1.
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`The KB National Library of The Netherlands
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`17. Between August 3, 2018 and August 6, 2018, I corresponded with Koninklijke Bibliotheek
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`Nationale bibliotheek van Nederland, or the KB National Library, regarding the Gils
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`Dissertation.
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`18. Exhibit 1045 is a true and correct copy of the correspondence with The KB National
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`Library, a certified translation of the correspondence, and a certificate of translation. Id. at
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`1-7.
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`19. On August 3, 2018, I submitted an online request for information, asking them to confirm
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`when the Gils Dissertation was available at the Royal Library for review, and how the Gils
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`Dissertation was catalogued. Id. at 1.
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`20. On August 6, 2018, I received a response from Hein Maassen, of the Service Team for the
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`KB National Library. Id. at 2.
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`21. Mr. Maassen confirmed that the Gils Dissertation “
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`was entered into [the KB National Library] catalog on 04/26/1988. This item could
`be requested from the catalog from this date. During input, this thesis received the
`following keywords: Keyword Warehouse: Information processing; Keyword GOO
`[Common Subject Unlocking]: Data transmission, Errors, Correction, Coding
`theory; Theses (type). Nothing was modified, removed or added regarding these
`keywords.
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`The online catalog of KB National Library http://opc4.kb.nl/ offers various search
`keys. This publication can be found from input using the search keys of all words,
`title words, author's name, keyword Warehouse, keyword GOO, publisher and
`application number.
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`Id.
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`22. Mr. Maassen also informed me that upon receipt of the Gils Dissertation the KB National
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`Library created a title description, allocated an application number (which was also a
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`placement number in the warehouses), and "the title description was entered into the
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`catalog and the book was placed in the warehouse and could be requested and consulted
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`from that moment." Id.
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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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`Otto Steinbusch
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`Executed on August 21, 2018 in San Diego, California.
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