30 January 2020
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`Jordan,
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`I have a long history with the Internet Archive, and I have gone to great lengths to obtain HTML source
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`for web pages in both litigation and post-grant proceedings. I do not understand how you might think
`that either my expert or I might be misreading the Archive.
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`The screenshots that Evan provided today refer to the FRAME set, not the individual items that are
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`displayed in it. Indeed, if you look closely at the scree shots (taken by Evan today I presume), you will
`see a number of URLs for subitems on the page. In red, there is a legend for each item that says “+8
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`years, 7 months.” This is the time difference between the archival date of the FRAME set document,
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`and each sub-item that appears in the page. If you hover a cursor over the red text for an item, it will
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`give you the timestamp for the specific item, generally Thu, August 8, 2019. There are other indexes
`that provide this information; I find it disconcerting that you are asking for further proof from us when
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`at least some of it is in plain sight.
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`Mr. Klosson asserts in his testimony that every screenshot in Ex. 1004 was captured by the Archive on
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`February 1, 2011. As he is not an employee of the Archive, I do not understand how he could have
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`personal knowledge of this; it is literally a false statement.
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`The physical evidence tells a different story as illustrated by the HTML included in our response. Recall
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`that the HTML for the Introduction page (Ex. 2010) states:
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`<!-- FILE ARCHIVED ON 07:44:37 Aug 08, 2019 AND RETRIEVED FROM THE INTERNET ARCHIVE ON
`08:55:43 Jan 21, 2020. JAVASCRIPT APPENDED BY WAYBACK MACHINE, COPYRIGHT INTERNET
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`ARCHIVE. ALL OTHER CONTENT MAY ALSO BE PROTECTED BY COPYRIGHT (17 U.S.C. SECTION
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`108(a)(3)). -->
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`This is the earliest date that this page was stored by the Archive.
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`By way of further example, I attach screenshots from another child pages below. I would use the
`“Introduction” page, but it appears that someone (definitely not me) has been initiating “Save Page”
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`events on it through out the day.
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`The Military.htm child webpage has been captured one time in the history of the Archive. It shows that
`page was captured by the “Live Web Proxy Crawl” on August 8 2019. “Live web proxy“ did not exist in
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`February 2011.
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`Below is an example of what a sub-object viewed as a standalone object outside the FRAME set would
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`appear. As you can see, it was captured 1 time in the history of the Archive, one day before the IPR was
`filed.
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`Below is a screenshot illustrating the “About this capture” popup associated with the same sub-object.
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`It states in greater detail that the object was captured using the “Live Web Proxy Crawl” – primarily
`associated with the “Save Page” feature. This feature appears when a user attempts to click on a sub-
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`object that has not been stored by the Archive, but exists on the live web. When a person clicks the link,
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`it initiates a crawl of the associated object.
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`If
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`Ex. 1004 as filed presents each child page in the FRAME set, and falsely suggests that each page was
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`archived on that date. The Archive itself states that objects in a FRAME set may have very different
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`dates and that each object within the FRAME must be examined individually – the header information
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`displayed above the FRAME cannot be relied upon.
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`I do not believe that the screenshots Evan provided today refute Mr. Howell’s conclusions. Rather, as
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`explained above, it reinforces them.
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`If you have HTML source showing an earlier archive date for the child pages (which contain the content
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`upon which your IPR arguments are premised), I would be happy to review them.
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`Best Regards,
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`Rick
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