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`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`———————
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`———————
`
`Panasonic Avionics Corp.,
`Petitioner
`
`vs.
`
`Linksmart Wireless Technology, LLC,
`Patent Owner
`
`
`———————
`
`
`DECLARATION OF INGRID HSIEH-YEE, PHD,
`UNDER 37 C.F.R. § 1.68
`
`
`
`
`
`Panasonic-1018
`Page 1 of 78
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`I, Ingrid Hsieh-Yee, Ph.D., do hereby declare as follows:
`
`1.
`
`I have been retained as an independent expert witness on behalf of
`
`Panasonic Avionics Corp. (“Panasonic”).
`
`2.
`
`I am being compensated for my work in this matter at my accustomed
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`hourly rate. I am also being reimbursed for reasonable and customary expenses
`
`associated with my work and testimony in this investigation. My compensation is
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`not contingent on the results of my study, the substance of my opinions, or the
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`outcome of this matter.
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`3.
`
`In the preparation of this declaration, I have reviewed the exhibits
`
`referenced below, each of these is a type of material that experts in my field would
`
`reasonably rely upon when forming their opinions:
`
`(1) Comer, D., INTERNETWORKING WITH TCP/IP (Prentice Hall, 3rd ed.
`1995) (“Comer”), selected pages obtained from the Library of
`Congress, Ex. 1015;
`
`(2) MARC Record Information for INTERNETWORKING WITH TCP/IP
`(1995), available at the Library of Congress online catalog at
`https://catalog.loc.gov/vwebv/staffView?searchId=12129&recPointer
`=0&recCount=25&searchType=0&bibId=3977263, accessed on
`September 20, 2018, Appendix C;
`
`(3) Bibliographic Record Information for INTERNETWORKING WITH
`TCP/IP (1995), available at the Library of Congress online catalog at
`https://lccn.loc.gov/95001830, accessed on September 20, 2018,
`
`
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`Panasonic-1018
`Page 2 of 78
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`Appendix D;
`
`(4) Copyright Registration for INTERNETWORKING WITH TCP/IP (1995),
`available at https://cocatalog.loc.gov/cgi-
`bin/Pwebrecon.cgi?v1=28&ti=26,28&Search%5FArg=Comer%2C%2
`0Douglas&Search%5FCode=NALL&CNT=25&PID=RNwjSGt-
`4c5DMk5Dq4ZxYTHdd-5Sq&SEQ=20180927122009&SID=2,
`accessed on September 20 and obtained on September 27, 2018,
`Appendix E;
`
`(5)
`
`James E. Gaskin, CORPORATE POLITICS AND THE INTERNET (Prentice
`Hall 1997) (“Gaskin”), selected pages obtained from the Library of
`Congress, Ex. 1017;
`
`(6) MARC Record Information for CORPORATE POLITICS AND THE
`INTERNET (1997), available at the Library of Congress online catalog
`at
`https://catalog.loc.gov/vwebv/staffView?searchId=12260&recPointer=0&recCou
`nt=25&searchType=1&bibId=3054740, accessed September 20, 2018,
`Appendix F;
`
`(7) Bibliographic Record Information for CORPORATE POLITICS AND THE
`INTERNET (1997), available at the Library of Congress online catalog
`at https://lccn.loc.gov/96046157, accessed September 20, 2018,
`Appendix G; and
`
`(8) Copyright Registration for CORPORATE POLITICS AND THE INTERNET
`(1997), available at https://cocatalog.loc.gov/cgi-
`bin/Pwebrecon.cgi?v1=6&ti=1,6&Search%5FArg=Gaskin%2C%20Ja
`mes&Search%5FCode=NALL&CNT=25&PID=up2yhaXmwF4oshB
`85_0ASDDsSSPtJ&SEQ=20180927122121&SID=3, accessed on
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`Panasonic-1018
`Page 3 of 78
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`September 20 and obtained on September 27, 2018, Appendix H.
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`4.
`
`In forming the opinions expressed within this declaration, I have
`
`considered:
`
`(1) The documents listed above;
`
`(2) The reference materials cited herein; and
`
`(3) My own academic background and professional experiences, as
`
`described below.
`
`5. My complete qualifications and professional experience are described
`
`in my curriculum vitae, a copy of which is attached as Appendix A. The following
`
`is a brief summary of my relevant qualifications and professional experience.
`
`6.
`
`I am currently a Professor in the Department of Library and
`
`Information Science at the Catholic University of America. I have experience
`
`working in an academic library, a medical library, and a legislative library and
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`have been a professor for more than 25 years. I hold a Ph.D. in Library and
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`Information Studies from the University of Wisconsin-Madison and a Masters in
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`Library and Information Studies from the University of Wisconsin-Madison.
`
`7.
`
`I am an expert on library cataloging and classification and have
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`published two books on this subject, Organizing Audiovisual and Electronic
`
`Resources for Access: A Cataloging Guide (2000, 2006). I teach a variety of
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`Panasonic-1018
`Page 4 of 78
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`courses, including “Cataloging and Classification,” “Internet Searches and Web
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`Design,” “Advanced Cataloging and Classification,” “Organization of Internet
`
`Resources,” “Advanced Information Retrieval and Analysis Strategies,” and
`
`“Digital Content Creation and Management.” My research interests cover
`
`cataloging and classification, information organization, metadata, information
`
`retrieval, information architecture, digital collections, scholarly communication,
`
`user interaction with information systems, and others.
`
`8.
`
`I am fully familiar with a library cataloging encoding standard known
`
`as the “Machine-Readable Cataloging” standard, also known as “MARC,” which
`
`became the national standard for sharing bibliographic data in the United States by
`
`1971 and the international standard by 1973. MARC is the primary
`
`communications protocol for the transfer and storage of bibliographic metadata in
`
`libraries. Experts in my field would reasonably rely upon MARC records when
`
`forming their opinions.
`
`9.
`
`A MARC record 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. Appendix B is a
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`true and correct copy of Parts 7 to 10 of “Understanding MARC Bibliographic:
`
`Machine-Readable Cataloging” (http://www.loc.gov/marc/umb/) from the Library
`
`of Congress that explains commonly used MARC fields. For example, the personal
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`Panasonic-1018
`Page 5 of 78
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`author of the work is recorded in Field 100, the title is recorded in Field 245,
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`publisher information is recorded in Field 260, and the physical volume and
`
`characteristics of a publication are recorded in Field 300, and topical subjects are
`
`recorded in the 650 fields.
`
`10. Library online catalogs are based on MARC records that represent
`
`their collections and help the public understand what materials are publicly
`
`accessible in those libraries. Most libraries with online catalogs have made their
`
`catalogs freely available on the Web. These online catalogs offer user-friendly
`
`search interfaces, often in the form of a single search box, to support searching by
`
`author, title, subject, keywords and other data elements. They also offer features
`
`for users to narrow their search results by language, year, format, and other
`
`elements. Many libraries display MARC records on their online catalogs with
`
`labels for the data elements to help the public interpret MARC records. Many
`
`libraries also offer an option to display MARC records in MARC fields. For
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`monographs, after a MARC record is created and made searchable on a library
`
`catalog, it is customary library practice to have the physical volume processed for
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`public access soon after, usually within a week.
`
`11.
`
`I used authoritative information systems such as the online catalog at
`
`the Library of Congress (https://catalog.loc.gov) and the public catalog of the
`
`United States Copyright Office (http://cocatalog.loc.gov/cgi-
`
`
`
`
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`Panasonic-1018
`Page 6 of 78
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`bin/Pwebrecon.cgi?DB=local&PAGE=First) to search for records. These records
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`are identified and discussed in this declaration. Experts in the field would
`
`reasonably rely on the data described herein to form their opinions.
`
`Ex. 1015
`
`12. Ex. 1015 is a true and correct copy of portions of INTERNETWORKING
`
`WITH TCP/IP (“Comer”) that I made on September 21, 2018 during my personal
`
`visit to the Library of Congress. When I was asked to prepare this declaration, I
`
`searched the Library of Congress online catalog for records because books
`
`published in the United States tend to be registered with the Copyright Office of
`
`the Library of Congress and cataloged by the Library of Congress. The search
`
`results informed me that the Library of Congress provides access to Comer. The
`
`“Item Availability” area of the library records indicates that the book can be
`
`requested at the “Jefferson or Adams Building Reading Rooms” and the status of
`
`the book is “Not Charged,” meaning it is available. I requested access to this title
`
`on September 20, 2018, and received the physical volume on September 21, 2018,
`
`at the Library of Congress Science and Business Reading Room in the Adams
`
`Building.
`
`13. Ex. 1015 is a true and correct copy of portions of Comer that I made
`
`on September 21, 2018, while the book was in my possession at the Library of
`
`Congress. I obtained Ex. 1015 by personally scanning the front matter (the front
`
`
`
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`Panasonic-1018
`Page 7 of 78
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`cover, the title page, the copyright page, and the table of contents) and select
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`content pages from Comer, specifically, pages 372-374, the last numbered page
`
`and the back cover of the book.
`
`14. The title page of Ex. 1015 shows that “Internetworking with TCP/IP”
`
`is the title and “Douglas E. Comer” is the author. It further identifies this volume
`
`as volume I with its own title, “Principles, Protocols, and Architecture,” indicates it
`
`is the “Third Edition” and shows that Prentice Hall of Englewood Cliffs, New
`
`Jersey is the publisher. The copyright page shows a “1995” copyright date, a date
`
`stamp of “LIBRARY OF CONGRESS. APR 07 1995 COPYRIGHT OFFICE,”
`
`and a hand-written call number “TK5105.585 .C66 1995 Vol. 1.” This page also
`
`displays a “Library of Congress Cataloging-in-Publication Data.” The bottom of
`
`this page shows the ISBN (International Standard Book Number) assigned to this
`
`volume is “0-13-216987-8,” which is also printed on the back cover.
`
`a. Library of Congress – MARC and Bibliographic Records
`
`15. Appendix C is a true and correct copy of the MARC record for
`
`Comer. I retrieved this record from the online catalog of the Library of Congress
`
`after searching for the book by searching “Internetworking with TCP/IP.” I
`
`personally identified and located this record, which experts in my field would
`
`reasonably rely upon when forming their opinions.
`
`
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`Panasonic-1018
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`16. Appendix D is a true and correct copy of the Bibliographic record
`
`for Comer, that I retrieved from the Library of Congress Online Catalog
`
`(https://catlog.loc.gov). I personally identified and located this Bibliographic
`
`Record Information, which experts in my field would reasonably rely upon when
`
`forming their opinions.
`
`17. Field 245 of the MARC record (Appendix C) and the title field of the
`
`Bibliographic record (Appendix D) identify the book title as “Internetworking
`
`with TCP/IP.” Field 100 of the MARC record (Appendix C) and the personal
`
`name field of the Bibliographic record (Appendix D) identify the author as
`
`“Comer, Douglas.” Field 260 of the MARC record (Appendix C) and the
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`published/created field of the Bibliographic record (Appendix D) show that Comer
`
`was published by Prentice Hall in Upper Saddle River, N.J., from 1995 to 1999.
`
`Field 500 clarifies that volume 1 was published in “Englewood Cliffs, N.J.” Field
`
`300 shows that this title has three volumes, Field 505 shows the individual titles of
`
`the three volumes, and Field 500 shows that “Vol. 3 published in 1997.” Field 020
`
`of the MARC record (Appendix C) and the ISBN field of the Bibliographic record
`
`(Appendix D) show “0132169878” is the International Standard Book Number of
`
`this publication. That number matches the ISBN on the copyright page and back
`
`cover of Ex. 1015.
`
`18. The first six digits of Field 008 of the MARC record (Appendix C)
`
`
`
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`Panasonic-1018
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`inform me that the record for the book was first created on “950210” (i.e.,
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`February 10, 1995). Field 040 subfield “a” shows that “DLC” is the library that
`
`created the original MARC record. According to the Directory of OCLC Members
`
`(https://www.oclc.org/en/contacts/libraries.html), “DLC” is the OCLC symbol for
`
`the Library of Congress. Field 955 is a local note field that records the cataloging
`
`activity dates. It shows that the MARC record was first created on “02-10-95” (i.e.,
`
`February 10, 1995), and “CIP ver. … 6-9-95” (i.e., verified by CIP on June 9,
`
`1995). These data inform me that the February 1995 record was a CIP (Cataloging-
`
`in-Publication) record. The CIP Program at the Library of Congress is responsible
`
`for cataloging books in advance of publication to alert the library community to
`
`forthcoming publications and to facilitate acquisition. The initial CIP record is
`
`created based on information submitted by the publisher. When the CIP record is
`
`ready, it is sent to the publisher for inclusion in the publication. The “Library of
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`Congress Cataloging-in-Publication Data” on the copyright page of Ex. 1015
`
`reflects this practice. The Library of Congress distributes CIP records in MARC
`
`format to large libraries, bibliographic services, and book vendors around the
`
`world. After the book is published, the publisher is obligated to send a copy to the
`
`CIP Program, and CIP catalogers use the newly received publication to verify and
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`update data in the original CIP record. The dates in Field 955 inform me that on
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`February 10, 1995, the MARC record was created and became searchable in the
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`Panasonic-1018
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`online catalog of the Library of Congress, and that the physical volume of Volume
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`1 was received by the Library of Congress and used to verify the original CIP
`
`record on June 9, 1995.
`
`19. Field 050 of the MARC record (Appendix C) shows this publication
`
`has been assigned a Library of Congress Classification (LCC) number,
`
`“TK5105.585,” which is the class number for “TCP/IP.” Field 082 shows the
`
`Dewey Decimal Number assigned to this publication is “005.2,” which is the class
`
`number for “programming for specific types of computers, for specific operating
`
`systems, for specific user interfaces.” Subjects of this publication are also
`
`represented by three subject headings in the 650 fields: TCP/IP (Computer network
`
`protocol), Client/server computing, and Internetworking (Telecommunication).
`
`This MARC record (Appendix C) makes Comer (Ex. 1015) searchable in the
`
`Library of Congress online catalog. As a result, users interested in internetworking
`
`would be able to search for and retrieve this book by the subject terms in the 650
`
`fields and by the subject areas represented by the LCC number and the DDC
`
`number. Users would also be able to find this book by its ISBN and title.
`
`20. Based on the information above, it is my opinion that
`
`INTERNETWORKING WITH TCP/IP (Ex. 1015) is a book that has been made
`
`available by the Library of Congress, meaning that anyone who was interested in
`
`the topics covered by the book would be able to search for and access
`
`
`
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`Panasonic-1018
`Page 11 of 78
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`INTERNETWORKING WITH TCP/IP.
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`b. Library of Congress – Date Stamp
`
`21. The copyright page of Comer in Ex. 1015 bears a stamp of
`
`“LIBRARY OF CONGRESS APR 07 1995 COPYRIGHT OFFICE” that
`
`indicates the date when the Copyright Office received the physical volume of
`
`Volume 1. The stamp has the appearance and distinctive characteristics of a typical
`
`check-in date stamp utilized by libraries to indicate the date a particular publication
`
`was received by the library. The date stamp and the cataloging dates in Field 955
`
`of the MARC record (Appendix C) inform my opinion that after the physical
`
`volume of Comer Volume 1 was received by the Library of Congress on April 7,
`
`1995, CIP catalogers used it to verify the CIP MARC record on June 9, 1995. In
`
`most academic libraries a newly cataloged book would become available for the
`
`public soon after the cataloging record is completed, usually within a week.
`
`Considering the volume of materials the Library of Congress needs to catalog and
`
`process, my conservative estimate is that Volume 1 of Comer would have become
`
`available for the public by September 9, 1995, three months after the CIP record
`
`was verified.
`
`22. Based on the date stamp placed on the copyright page in Comer (Ex.
`
`1015), which has a date stamp of April 7, 1995, the MARC record (Appendix C),
`
`the Bibliographic record (Appendix D), and my understanding of the ordinary and
`
`
`
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`Panasonic-1018
`Page 12 of 78
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`customary cataloging and processing practices of libraries, it is my opinion that
`
`Comer (Ex. 1015) was cataloged and became searchable as early as February
`
`1995, when the CIP record was completed, and that the physical volume of Comer
`
`(Ex. 1015) became accessible to the public no later than September 9, 1995, three
`
`months after the CIP record was verified.
`
`c. United States Copyright – Copyright Registration
`
`23. Appendix E is a true and accurate copy of the copyright registration
`
`record obtained from the public catalog of the Copyright Office of the Library of
`
`Congress. I obtained Appendix E by first accessing the http://www.copyright.gov/
`
`website, selecting the hyperlink “Search Copyright Records,” and performing a
`
`search by the author, “Comer, Douglas,” to retrieve the record for the third edition
`
`of “Internetworking with TCP/IP.” I personally identified and located this record,
`
`which experts in my field would reasonably rely upon when forming their
`
`opinions.
`
`24. The copyright record shows that INTERNETWORKING WITH TCP/IP
`
`VOL. 1: PRINCIPLES, PROTOCOLS, AND ARCHITECTURE was written by “Comer,
`
`Douglas E.” This is the “3rd ed.,” the date of creation is “1994,” the date of
`
`publication is “1995-03-20” (i.e., March 20, 1995) and the copyright registration
`
`date is “1995-04-07” (i.e., April 7, 1995). The copyright date of April 7, 1995 is
`
`consistent with the date stamp information on the copyright page of Comer (Ex.
`
`
`
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`Panasonic-1018
`Page 13 of 78
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`1015). The copyright record also shows that volume 1 of INTERNETWORKING WITH
`
`TCP/IP has 613 pages, which matches the last numbered page of this book in Field
`
`300 of the MARC record (Appendix C) and is consistent with the page number of
`
`the last page of Comer (Ex. 1015), which I personally scanned at the Library of
`
`Congress.
`
`25. Taken together, the “APR 07 1995” date stamp on the copyright page
`
`of Comer (Ex. 1015), the MARC record (Appendix C), the Bibliographic record
`
`(Appendix D), the copyright record (Appendix E), and my understanding of the
`
`ordinary and customary cataloging and processing practices of libraries inform my
`
`opinion that Comer (Ex. 1015) would have been cataloged and discoverable by the
`
`public at the online catalog of the Library of Congress in February 1995 and the
`
`physical volume of volume 1 would have been available for public access no later
`
`than September 9, 1995.
`
`Ex. 1017
`
`26. Ex. 1017 is a true and correct copy of portions of CORPORATE
`
`POLITICS AND THE INTERNET (“Gaskin”) that I made on September 21, 2018 during
`
`my personal visit to the Library of Congress. When I was asked to prepare this
`
`declaration, I searched the Library of Congress online catalog for records. The
`
`search results informed me that the Library of Congress provides access to Gaskin.
`
`The “Item Availability” area of the library records indicates that the book can be
`
`
`
`
`Panasonic-1018
`Page 14 of 78
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`requested at the “Jefferson or Adams Building Reading Rooms” and the status of
`
`the book is “Not Charged,” meaning it is available. I requested access to this title
`
`on September 20, 2018, and received the physical volume on September 21, 2018,
`
`at the Library of Congress Science and Business Reading Room in the Adams
`
`Building.
`
`27. Ex. 1017 is a true and correct copy of portions of Gaskin that I made
`
`on September 21, 2018, while the book was in my possession at the Library of
`
`Congress. I obtained Ex. 1017 by personally scanning the front matter (the front
`
`cover, the title page, the copyright page, and the table of contents) and select
`
`content pages from Gaskin, specifically, pages 366-367, and the last numbered
`
`page of the book, the back cover and the spine of this book.
`
`28. The title page of Ex. 1017 shows the title of the book as “Corporate
`
`politics and the Internet,” identifies “James E. Gaskin” as the author, and Prentice
`
`Hall PTR in Upper Saddle River, NJ, as the publisher. It also carries a date stamp,
`
`“LIBRARY OF CONGRESS JAN 10 1997 COPYRIGHT OFFICE.” The
`
`copyright page displays a “Library of Congress Cataloging-in-Publication data,”
`
`shows a copyright date of 1997, identifies the ISBN (International Standard Book
`
`Number) as “0-13-651803-6” and also shows a hand-written note of a call number,
`
`“HD30.37 .G37 1997.” The last numbered page of this book is page 452 and the
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`back cover presents the same publisher information and ISBN as that presented on
`
`
`
`
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`Panasonic-1018
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`the title page and the copyright page.
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`a. Library of Congress – MARC and Bibliographic Records
`
`29. Appendix F is a true and correct copy of the MARC record for
`
`Gaskin. I retrieved this record from the online catalog of the Library of Congress
`
`after searching for the book by searching “Corporate Politics and the Internet.” I
`
`personally identified and located this record, which experts in my field would
`
`reasonably rely upon when forming their opinions.
`
`30. Appendix G is a true and correct copy of the Bibliographic record
`
`for Gaskin, that I retrieved from the Library of Congress Online Catalog
`
`(https://catlog.loc.gov). I personally identified and located this Bibliographic
`
`Record Information, which experts in my field would reasonably rely upon when
`
`forming their opinions.
`
`31. Field 245 of the MARC record (Appendix F) and the title field of the
`
`Bibliographic record (Appendix G) identify the book title as “Corporate politics
`
`and the Internet.” Field 100 of the MARC record (Appendix F) and the personal
`
`name field of the Bibliographic record (Appendix G) identify “Gaskin, James E.”
`
`as the author. Field 260 of the MARC record (Appendix F) and the
`
`published/created field of the Bibliographic record (Appendix G) show that
`
`Gaskin was published by Prentice Hall PTR in Upper Saddle River, N.J., in 1997.
`
`
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`Field 020 of MARC record (Appendix F) and the ISBN field of the Bibliographic
`
`record (Appendix G) show the book’s ISBN as “0136518036,” which matches the
`
`ISBN on the copyright page and the back cover of Ex. 1017.
`
`32. The first six digits of Field 008 of the MARC record (Appendix F)
`
`inform me that the record for the book was first created on “960923” (i.e.,
`
`September 23, 1996). Field 040 subfield a shows that “DLC” (i.e., the Library of
`
`Congress, according to the Directory of OCLC Members at
`
`https://www.oclc.org/en/contacts/libraries.html) created this record. Field 955
`
`shows that the record was created on “09-23-96” (i.e., September 23, 1996) and the
`
`CIP verification took place on “02-18-97” (i.e., February 18, 1997).
`
`33. Field 050 of the MARC record (Appendix F) shows this publication
`
`has been assigned a Library of Congress Classification (LCC) number, “HD30.37,”
`
`which is the class number for “Computer networks. Electronic information
`
`resources.” Field 082 shows the Dewey Decimal Number assigned to this
`
`publication is “658.4/038,” which is the class number for “information
`
`management.” Subjects of this publication are also represented by four subject
`
`headings in the 650 fields: Business |x Computer network resources; Business
`
`enterprises |x Computer network resources (subfield “x” indicates a topical
`
`subdivision); Internet; and World Wide Web. This MARC record (Appendix F)
`
`makes Gaskin (Ex. 1017) searchable in the Library of Congress online catalog. As
`
`
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`Panasonic-1018
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`a result, users interested in business and the Internet would be able to search for
`
`and retrieve this book by the subject terms in the 650 fields and by the subject
`
`areas represented by the LCC number and the DDC number. Users would also be
`
`able to find this book by its ISBN and title.
`
`34. Based on the information above, it is my opinion that CORPORATE
`
`POLITICS AND THE INTERNET (Ex. 1017) is a book that has been made available by
`
`the Library of Congress, meaning that anyone who was interested in the topics
`
`covered by the book would be able to search for and access CORPORATE POLITICS
`
`AND THE INTERNET.
`
`b. Library of Congress – Date Stamp
`
`35. The title page of Gaskin in Ex. 1017 bears a stamp of “LIBRARY OF
`
`CONGRESS JAN 10 1997 COPYRIGHT OFFICE” that indicates the date when
`
`the Copyright Office of the Library of Congress received the physical volume. The
`
`stamp has the appearance and distinctive characteristics of a typical check-in date
`
`stamp utilized by libraries to indicate the date a particular publication was received
`
`by the library. The date stamp and the cataloging dates in Field 955 of the MARC
`
`record (Appendix F) inform my opinion that after the physical volume of Gaskin
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`was received by the Library of Congress on January 10, 1997, CIP catalogers used
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`it to verify the CIP MARC record on February 18, 1997. In most academic
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`libraries a newly cataloged book would become available for the public soon after
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`
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`Panasonic-1018
`Page 18 of 78
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`the cataloging record is completed, usually within a week. Considering the volume
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`of materials the Library of Congress needs to catalog and process, my conservative
`
`estimate is that Gaskin would have become available for the public by May 18,
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`1997, three months after the CIP record was verified.
`
`36. Based on the date stamp placed on the title page of Gaskin (Ex. 1017),
`
`which has a date stamp of January 10, 1997, the MARC record (Appendix F), the
`
`Bibliographic record (Appendix G), and my understanding of the ordinary and
`
`customary cataloging and processing practices of libraries, it is my opinion that
`
`Gaskin (Ex. 1017) was cataloged and became searchable as early as September
`
`1996 when the CIP record was completed, and that the physical volume of Gaskin
`
`(Ex. 1017) became accessible to the public no later than May 18, 1997, three
`
`months after the CIP record was verified.
`
`c. United States Copyright – Copyright Registration
`
`37. Appendix H is a true and accurate copy of the copyright registration
`
`record obtained from the public catalog of the Copyright Office of the Library of
`
`Congress. I obtained Appendix H by first accessing the http://www.copyright.gov/
`
`website, selecting the hyperlink “Search Copyright Records,” and performing a
`
`search by the title, “Corporate Politics and the Internet,” to retrieve the record. I
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`personally identified and located this record, which experts in my field would
`
`reasonably rely upon when forming their opinions.
`
`
`
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`Panasonic-1018
`Page 19 of 78
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`38. The copyright record shows that CORPORATE POLITICS AND THE
`
`INTERNET was written by “Gaskin, James E.” The date of creation is “1996,” the
`
`date of publication is “1996-10-28” (i.e., October 28, 1996) and the copyright
`
`registration date is “1997-01-10” (i.e., January 10, 1997). The copyright
`
`registration date of January 10, 1997 is consistent with the date stamp information
`
`on the title page of Gaskin (Ex. 1017). The copyright record also shows that this
`
`book has 452 pages, which matches the last numbered page of this book in Field
`
`300 of the MARC record (Appendix F) and is consistent with the page number of
`
`the last page of Gaskin (Ex. 1017), which I personally scanned at the Library of
`
`Congress.
`
`39. Taken together, the “JAN 10 1997” date stamp on the title page of
`
`Gaskin (Ex. 1017), the MARC record (Appendix F), the Bibliographic record
`
`(Appendix G), the copyright record (Appendix H), and my understanding of the
`
`ordinary and customary cataloging and processing practices of libraries inform my
`
`opinion that Gaskin (Ex. 1017) would have been cataloged and discoverable by the
`
`public at the online catalog of the Library of Congress in September 1996 when the
`
`CIP record was created, and the physical volume of Gaskin would have been
`
`available for public access no later than May 18, 1997, three months after the CIP
`
`record was verified.
`
`
`
`
`
`
`
`
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`Panasonic-1018
`Page 20 of 78
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`CONCLUSION
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`40.
`
`Insigning this declaration, I recognize that the declaration will be
`
`filed as evidence in a contested case before the Patent Trial and Appeal Board of
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`the United States Patent and Trademark Office. I also recognize that I may be
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`subject to cross-examination in the case. If cross-examination is required of me,I
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`will appear.
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`41.
`
`I[hereby declare that all statements made herein on my own
`
`knowledgeare true and thatall statements made on information and belief are
`
`believed to be true, and further, that these statements were made with the
`
`knowledgethat willful false statements and the like so made are punishable by fine
`
`or imprisonment, or both, under Section 1001 of Title 18 of the United States
`
`Code.
`
`Date:
`
`/O- 5-RO/P
`
`Get
`Executed:
`Ingrid Hsieh-Yee, Ph.D.
`
`drb~
`
`Panasonic-1018
`Page 21 of 78
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`Panasonic-1018
`Page 21 of 78
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`Appendix A
`Appendix A
`
`Panasonic-1018
`Page 22 of 78
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`Panasonic-1018
`Page 22 of 78
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`
`
`
`
`Ingrid Hsieh-Yee
`Professor
`Dept. of Library and Information Science
`Catholic University of America
`Washington, D.C. 20064
`E-mail: hsiehyee@cua.edu
`Phone: (202) 319-5085
`Fax: (202) 319-5574
`
`
`Education
`
`Ph.D. Library and Information Studies, University of Wisconsin-Madison
`
`Minors: Sociology and Psychology
`
`M.A. Library and Information Studies, University of Wisconsin-Madison.
`
`M.A. Comparative Literature, University of Wisconsin-Madison.
`
`B.A. Foreign Languages and Literature, National Taiwan University.
`
`
`Work Experience
`
`Professor, School/Dept. of Library and Information Science, Catholic University of America,
`2004- (Assistant Professor, 1990-1996; Associate Professor, 1997-2004)
`
`
`Co-Chair, Dept. of Library and Information Science, Catholic University of America, June 2015-
`August 2016.
`
`
`Acting Dean, School of Library and Information Science, Catholic University of America,
`January 2010-June 2012.
`
`
`Cataloger, Dept. of Legislative Reference Library, Annapolis, Maryland, 1989-1990.
`
`Lecturer, School of Library and Information Studies, University of Wisconsin-Madison, 1988.
`
`Teaching Assistant, School of Library and Information Studies, University of Wisconsin-
`Madison, 1986-1988.
`
`
`Cataloger, Health Sciences Library, University of Wisconsin-Madison, 1984-1986.
`
`Areas of Teaching and Research Interests
`
`Information Organization and Access; Metadata; Cataloging & Classification; Information
`Architecture; Information Retrieval; Digital Collections; Scholarly Communication; Information
`
`Panasonic-1018
`Page 23 of 78
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`
`
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`Behavior; Health Informatics; Human Computer Interaction; Usability Studies
`
`Grants & Honors
`
`Cultural Heritage Information Management Project. IMLS grant. Amount: $498,741. Period:
`Aug. 2012 to July 2015. Co-PI with Dr. Youngok Choi.
`
`2
`
`
`D.C. Health Information Technology (HIT4): Building Capacity & Providing Access in Our
`Nation’s Capital. Dept. of Labor H2B Training Grant. Grant amount: $4,175,500. Grant
`period: Nov. 2011 to Dec. 2015. Partner with the Metropolitan School of Professional
`Studies of the Catholic University of America, Children’s National Medical Center, D.C.
`Department of Employment Services, Holy Cross Hospital, Howard University, Center
`for Urban Progress, Providence Hospital, and Sibley Memorial Hospital.
`
`
`Capital Health Careers Project. Department of Labor Healthcare Sector and Other High Growth
`and Emerging Industries Grant. Grant amount: $4,953,999. Grant period: March 2010 –
`February 2013. Awarded to a group of healthcare organizations and educational
`institutions in Washington, D.C. Providence Health Foundation of Providence Hospital
`(Lead institution). Part of the grant supported the development of a Master’s degree
`program in Information Technology with a concentration in Health Information
`Technology offered by the School of Library and Information Science.
`
`
`The Washington D.C. School Librarians Project. IMLS grant. Grant amount: $412,660. Grant
`period: Aug. 2007
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