DECLARATION OF ILONA M. WHEAT
`
`1.
`
`My name is Ilona M. Wheat. I am an attorney at Sheppard Mullin Richter and Hampton
`
`LLP, counsel for Motorola Mobility LLC. 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 October 9, 2019, I reviewed the textbook Fundamentals of Analog and
`
`Digital Communication Systems by Richard S. Simpson and Ronald C. Houts (herein
`
`“Simpson”). From my review of Simpson, I determined that Simpson includes a
`
`copyright notice of 1971 and that its Library of Congress Catalog Card Number is 78-
`
`154683.
`
`3.
`
`Exhibit 1035 is a true and correct copy of Simpson’s title page, and its pages 346 and
`
`347.
`
`4.
`
`I also determined that Simpson was listed in the Library of Congress Online Catalog
`
`database, found at
`
`https://catalog.loc.gov/vwebv/ui/en_US/htdocs/help/searchBrowse.html.
`
`5.
`
`Exhibit 1036 is a true and correct copy of Simpson at the Library of Congress Online
`
`Catalog.
`
`6.
`
`On the same day, I determined that Simpson, was listed on WorldCat Online Library
`
`Catalog database, found at www.worldcat.org.
`
`7.
`
`Exhibit 1037 is a true and correct copy of the WorldCat database at
`
`https://www.worldcat.org/title/fundamentals-of-analog-and-digital-communication-
`
`systems/oclc/641261738&referer=brief_results, last visited on October 9, 2019.
`
`8.
`
`WorldCat Library indicated Simpson is available at least at the following Libraries:
`
`
`
`1
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`IPR2020-00038
`MM EX1034, Page 1
`
`
`
`1.
`
`My name is Ilona M. Wheat. I am an attorney at Sheppard Mullin Richter and Hampton
`
`LLP, counsel for Motorola Mobility LLC. 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 October 9, 2019, I reviewed the textbook Fundamentals of Analog and
`
`Digital Communication Systems by Richard S. Simpson and Ronald C. Houts (herein
`
`“Simpson”). From my review of Simpson, I determined that Simpson includes a
`
`copyright notice of 1971 and that its Library of Congress Catalog Card Number is 78-
`
`154683.
`
`3.
`
`Exhibit 1035 is a true and correct copy of Simpson’s title page, and its pages 346 and
`
`347.
`
`4.
`
`I also determined that Simpson was listed in the Library of Congress Online Catalog
`
`database, found at
`
`https://catalog.loc.gov/vwebv/ui/en_US/htdocs/help/searchBrowse.html.
`
`5.
`
`Exhibit 1036 is a true and correct copy of Simpson at the Library of Congress Online
`
`Catalog.
`
`6.
`
`On the same day, I determined that Simpson, was listed on WorldCat Online Library
`
`Catalog database, found at www.worldcat.org.
`
`7.
`
`Exhibit 1037 is a true and correct copy of the WorldCat database at
`
`https://www.worldcat.org/title/fundamentals-of-analog-and-digital-communication-
`
`systems/oclc/641261738&referer=brief_results, last visited on October 9, 2019.
`
`8.
`
`WorldCat Library indicated Simpson is available at least at the following Libraries:
`
`
`
`1
`
`IPR2020-00038
`MM EX1034, Page 1
`
`
`
`•
`
`University of Maryland, College Park, Science, Technology, Engineering, and
`
`Mathematics Library, otherwise known as University of Maryland STEM Library,
`
`located at 4176 College Park, Maryland 20742, United States. Id. at 1;
`
`Case Western Reserve University Kelvin Smith Library, located at 11055 Euclid
`
`Ave, Cleveland, Ohio, United States. Id. at 2;
`
`Brown University Library, located at 2911 Woodside Drive, 44106, Providence,
`
`Rhode Island 02912, United States. Id.;
`
`University of Cincinnati, Main Campus, Walter C. Langsam Library, located at 366
`
`W. Circle Drive, Cincinnati, Ohio 45221, United States. Id. at 3; and
`
`•
`
`•
`
`•
`
`• Michigan State University Library, Remote Storage, located at 2911 Woodside
`
`Drive, East Lansing, Michigan 48824, United States. Id.
`
`9.
`
`On the same day, I also researched the MARC 21 Reference Materials found at
`
`https://www.loc.gov/marc/umb/um07to10.html#part10. The MARC 21 formats are
`
`standards for the representation and communication of bibliographic and related
`
`information in machine-readable form. See https://www.loc.gov/marc/96principl.html. I
`
`determined that the first six digits of MARC 21 field 008 indicate the date a record was
`
`entered on file by a particular library. Exhibit 1038 is a true and correct copy of Part X:
`
`Field 008 for Books of the MARC 21 Reference Materials.
`
`University of Maryland
`
`10.
`
`On October 9, 2019, I performed a search on the University of Maryland Library website
`
`at https://www.lib.umd.edu/. I found Simpson at https://catalog.umd.edu/F/?func=full-
`
`set-set&set_number=991271&set_entry=000001&format=999. I selected the “MARC
`
`tags” display at the top right of this page to view the cataloging details for the
`
`
`
`2
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`IPR2020-00038
`MM EX1034, Page 2
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`
`
`publication. According to the University of Maryland Library’s website, the date
`
`Simpson was entered on file is July 16, 1971.
`
`11.
`
`Exhibit 1039 is a true and correct copy of a screenshot of University of Maryland
`
`Library’s Full View of Record for Simpson, with the relevant portions highlighted,
`
`showing the date when it was cataloged.
`
`Case Western Reserve University
`
`12.
`
`On October 9, 2019, I performed a search on the Case Western Reserve University
`
`Library’s website at http://catalog.case.edu/. I found Simpson at
`
`http://catalog.case.edu/search?/o150192/o150192/1%2C4%2C4%2CE/frameset&FF=o15
`
`0192&1%2C1%2C. I clicked on “MARC Display” button at the top of this page to view
`
`the cataloging details for the publication. According to the Case Western Reserve
`
`University Library’s website, the date Simpson was entered on file is July 16, 1971.
`
`13.
`
`Exhibit 1040 is a true and correct copy of a screenshot of Case Western Reserve
`
`University Library’s MARC Display view of Simpson, with the relevant portions
`
`highlighted, showing the date when it was cataloged.
`
`Brown University
`
`14.
`
`On October 9, 2019, I performed a search on the Brown University Library website at
`
`http://josiah.brown.edu/. I found Simpson at
`
`http://josiah.brown.edu/search~S7/o?SEARCH=ocm00150192. I clicked on “Coded
`
`Display” button at the top of this page to view the cataloging details for the publication.
`
`According to the Brown University Library’s website, the date Simpson was entered on
`
`file is July 16, 1971.
`
`
`
`3
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`IPR2020-00038
`MM EX1034, Page 3
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`
`
`15.
`
`Exhibit 1041 is a true and correct copy of a screenshot of Brown University Library’s
`
`Coded Display view of Simpson, with the relevant portions highlighted, showing the date
`
`when it was cataloged.
`
`University of Cincinnati
`
`16.
`
`On October 9, 2019, I performed a search on the University of Cincinnati Library website
`
`at http://uclid.uc.edu/search/X. I found Simpson at
`
`http://uclid.uc.edu/search/X?SEARCH=t:(Fundamentals%20of%20Analog%20and%20D
`
`igital%20Communication%20Systems)%20and%20a:(simpson)&searchscope=39&SOR
`
`T=D. I clicked on “MARC Display” button at the top of this page to view the cataloging
`
`details for the publication. According to the University of Cincinnati Library’s website,
`
`the date Simpson was entered on file is July 16, 1971.
`
`17.
`
`Exhibit 1042 is a true and correct copy of a screenshot of University of Cincinnati
`
`Library’s MARC Display view of Simpson, with the relevant portions highlighted,
`
`showing the date when it was cataloged.
`
`Michigan State University
`
`18.
`
`On October 9, 2019, I performed a search on the Michigan State University Library
`
`website at https://lib.msu.edu/. I found Simpson at
`
`http://catalog.lib.msu.edu/record=b1336779~S39a. I clicked on “MARC Display” button
`
`at the top of this page to view the cataloging details for the publication. According to the
`
`Michigan State University Library’s website, the date Simpson was entered on file is July
`
`16, 1971.
`
`
`
`4
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`IPR2020-00038
`MM EX1034, Page 4
`
`
`
`19.
`
`Exhibit 1043 is a true and correct copy of a screenshot of Michigan State University
`
`Library’s MARC Display view of Simpson, with the relevant portions highlighted,
`
`showing the date when it was cataloged.
`
`20.
`
`On or about October 9, 2019, I reviewed the textbook Detection, Estimation, and
`
`modulation theory Part 1, by Harry L Van Trees; Kristine L Bell; Zhi Tian (herein “Van
`
`Trees”).
`
`21.
`
`On the same date, I determined that Van Trees includes a copyright notice date of 1968
`
`and that its Library of Congress Catalog Card Number is 67-23331.
`
`Exhibit 1044 is a true and correct copy of the tile page of Van Trees.
`
`I also determined that Van Trees was listed in the Library of Congress Online Catalog
`
`22.
`
`23.
`
`database, found at
`
`https://catalog.loc.gov/vwebv/ui/en_US/htdocs/help/searchBrowse.html.
`
`24.
`
`Exhibit 1045 is a true and correct copy of Van Trees at the Library of Congress Online
`
`Catalog.
`
`25.
`
`On the same day, I determined that Van Trees, was listed on WorldCat Online Library
`
`Catalog database, found at www.worldcat.org.
`
`26.
`
`Exhibit 1046 is a true and correct copy of the WorldCat database at
`
`https://www.worldcat.org/title/detection-estimation-and-modulation-theory-part-1-
`
`detection-estimation-and-linear-modulation-
`
`theory/oclc/220110217&referer=brief_results, last visited on October 9, 2019.
`
`27. WorldCat Library indicated Van Trees is available at least at the following Libraries:
`
`•
`
`George Mason University Fenwick Library, located at 4400 University Dr, Fairfax,
`
`Virginia 22030 United States. Id. at 1;
`
`
`
`5
`
`IPR2020-00038
`MM EX1034, Page 5
`
`
`
`•
`
`•
`
`•
`
`University of Bristol Queens Building Library, located at University Walk, Bristol,
`
`BS8 1TR, United Kingdom. Id.;
`
`Leiden University Science Library (“LMUY”), located at, Einsteinweg 55 2333 CC
`
`Leiden, Netherlands. Id.; and
`
`Ulm University Communication and Information Centre, also known as kiz, located
`
`at Albert-Einstein-Allee 11, 89081 Ulm, Germany. Id. at 2.
`
`George Mason University
`
`28.
`
`On October 9, 2019, I performed a search on the George Mason University Library
`
`website at https://library.gmu.edu/. I found Van Trees at https://wrlc-
`
`gm.primo.exlibrisgroup.com/discovery/fulldisplay?docid=alma991731173404105&conte
`
`xt=L&vid=01WRLC_GML:01WRLC_GML&lang=en&search_scope=MyInst_and_CI&
`
`adaptor=Local%20Search%20Engine&isFrbr=true&tab=Everything&query=any,contains
`
`,Detection,%20estimation,%20and%20modulation%20theory%20:%20Part%201&sortby
`
`=date_d&facet=frbrgroupid,include,81377130359068426&offset=0. I clicked on
`
`“Display Source Record” link in the middle of this page to view the cataloging details for
`
`the publication. According to the George Mason University Library’s website, the date
`
`Van Trees was entered on file is June 6, 1974.
`
`29.
`
`Exhibit 1047 is a true and correct copy of a screenshot of George Mason University
`
`Library’s Source Record view of Van Trees, with the relevant portions highlighted,
`
`showing the date when it was cataloged.
`
`University of Bristol
`
`30.
`
`On October 9, 2019, I performed a search on the University of Bristol Library website at
`
`http://www.bris.ac.uk/library/. I found Van Trees at
`
`
`
`6
`
`IPR2020-00038
`MM EX1034, Page 6
`
`
`
`https://bris.on.worldcat.org/search?sortKey=BEST_MATCH&databaseList=&queryStrin
`
`g=Detection%2C+estimation%2C+and+modulation+theory+%3A+Part+1&changedFace
`
`t=year&overrideStickyFacetDefault=&scope=wz%3A29904&format=all&database=all&
`
`author=all&year=custom&yearFrom=1968&yearTo=1968&language=all&topic=all#/ocl
`
`c/220110217.
`
`Leiden University
`
`31.
`
`On October 9, 2019, I performed a search on the Leiden University Library’s website at
`
`https://catalogue.leidenuniv.nl/primo-explore/search?vid=UBL_V1&lang=en_US. I
`
`found Van Trees at https://catalogue.leidenuniv.nl/primo-
`
`explore/fulldisplay?docid=UBL_ALMA21145927600002711&context=L&vid=UBL_V1
`
`&lang=en_US&search_scope=All_Content&adaptor=Local%20Search%20Engine&tab=
`
`all_content&query=isbn,exact,0471899550&sortby=rank&mode=advanced&offset=0.
`
`Ulm University
`
`32.
`
`On October 9, 2019, I performed a search on the Regional Library Guide associated with
`
`the Ulm University Communication and Information Centre website at
`
`http://swb.bsz-bw.de/DB=2.209/SET=2/TTL=1/START_WELCOME. I found Van
`
`Trees at http://swb.bsz-bw.de/DB=2.209/SET=1/TTL=1/PRS=DEFAULT/NXT. I
`
`clicked on “MARC21 (SWB-PPN)” tab at the upper left corner of this page to view the
`
`cataloging details for the publication. According to the Regional Library Guide’s
`
`website, the date Van Trees was entered on file at the Ulm University Communications
`
`and Information Centre is January 1, 1985.
`
`
`
`7
`
`IPR2020-00038
`MM EX1034, Page 7
`
`
`
`33.
`
`Exhibit 1048 is a true and correct copy of a screenshot of the Regional Library Guide’s
`
`MARC21 view of Van Trees, with the relevant portions highlighted, showing the date
`
`when it was cataloged.
`
`34.
`
`On or about October 11, 2019, I reviewed the journal article Linear Diversity Combining
`
`Techniques, by D. G. Brennan (herein “Brennan”) published in the Proceedings of the
`
`35.
`
`36.
`
`IRE journal on 1959.
`
`Exhibit 1013 is a true and correct copy of Brennan.
`
`I also determined that Brennan is available for download at the IEEE digital library, IEEE
`
`Xplore, found at https://ieeexplore.ieee.org/document/4065786, a well-established
`
`database of works published by the Institute of Electrical and Electronics Engineers
`
`(IEEE).
`
`37.
`
`At the same time, I determined that Brennan was published in June 1959 in the
`
`Proceedings of the IRE, Vol. 47, Issue 6.
`
`I hereby declare that all statements made herein of my own knowledge are true and that all
`
`statements made on information and belief are believed to be true, and further that these
`
`statements were made with the knowledge that willful false statements and the like are
`
`punishable by fine or imprisonment, or both, under 18 U.S.C. § 1001. I declare under the penalty
`
`of perjury under the laws of the United States of America that the foregoing is true and correct.
`
`
`
`Ilona M. Wheat
`
`Executed on October 11, 2019 in San Diego, California.
`
`
`
`8
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`IPR2020-00038
`MM EX1034, Page 8
`
`
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