UNITED STATES PATENT AND TRADEMARK OFFICE
`
`_________________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`_________________
`
`SAMSUNG ELECTRONICS CO., LTD.
`Petitioner
`
`v.
`
`
`BELL NORTHERN RESEARCH, LLC
`Patent Owner
`
`_________________
`
`Patent No. 8,416,862
`_________________
`
`DECLARATION OF DR. INGRID HSIEH-YEE
`IN SUPPORT OF PETITION FOR INTER PARTES REVIEW
`OF U.S. PATENT NO. 8,416,862
`
`Page 1 of 197
`
`SAMSUNG EXHIBIT 1019
`
`

`

`Declaration of Dr. Ingrid Hsieh-Yee
`U.S. Patent No. 8,416,862
`
`
`
`CONTENTS
`I.
`INTRODUCTION ............................................................................................. 1
`II. MATERIALS REVIEWED ............................................................................... 2
`III. BACKGROUND .............................................................................................. 9
`IV. EXHIBITS ......................................................................................................16
`A. Ex. 1008 (Roh) ............................................................................................16
`1. Authentication ..........................................................................................16
`2. Linda Hall Library Copy of Roh ..............................................................17
`3. Linda Hall Library Records .....................................................................19
`4. Library of Congress Copy of Roh ............................................................23
`5. Library of Congress MARC Record ........................................................24
`6. Library of Congress Date Stamp ..............................................................25
`7. Actual Usage Records ..............................................................................26
`8. Summary on Roh ......................................................................................27
`B. Ex. 1010 (Haykin) .......................................................................................29
`1. Authentication ..........................................................................................29
`2. Library of Congress Records ...................................................................30
`3. Library of Congress Date Stamp ..............................................................34
`4. Actual Usage Records ..............................................................................36
`5. Summary of Haykin .................................................................................36
`C. Ex. 1011 (Yang) ..........................................................................................38
`1. Authentication ..........................................................................................38
`2. Linda Hall Library Records .....................................................................40
`3. US Air Force, Institute of Technology Library Records .........................44
`4. Actual Usage Records ..............................................................................46
`
`
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`Declaration of Dr. Ingrid Hsieh-Yee
`U.S. Patent No. 8,416,862
`
`
`5. Summary on Yang ....................................................................................47
`D. Ex. 1013 (Sadrabadi) ...................................................................................48
`1. Authentication ..........................................................................................48
`2. Library of Congress Copy of Sadrabadi ..................................................49
`3. Library of Congress Records ...................................................................52
`4. Library of Congress Date Stamp ..............................................................54
`5. Linda Hall Library Records .....................................................................56
`6. Actual Usage Records ..............................................................................60
`7. Summary on Sadrabadi ............................................................................61
`V. CONCLUSION ..............................................................................................63
`
`
`Page 3 of 197
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`

`

`Declaration of Dr. Ingrid Hsieh-Yee
`U.S. Patent No. 8,416,862
`
`
`I, Ingrid Hsieh-Yee, Ph.D., do hereby declare as follows:
`
`I.
`
`INTRODUCTION
`1.
`I have been retained by Samsung LLC (“Samsung”) as an independent
`
`expert witness in this Inter Partes Review (“IPR”) proceeding before the United
`
`States Patent and Trademark Office (“PTO”) regarding U.S. Patent No. 8,416,862
`
`(“the ’862 patent”).
`
`2.
`
`I am being compensated for my work in this matter at my accustomed
`
`hourly rate. I am also being reimbursed for reasonable and customary expenses
`
`associated with my work and testimony in this investigation. My compensation is
`
`not contingent on the results of my study, the substance of my opinions, or the
`
`outcome of this matter.
`
`
`
`
`
`
`
`1
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`Page 4 of 197
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`Declaration of Dr. Ingrid Hsieh-Yee
`U.S. Patent No. 8,416,862
`
`II. MATERIALS REVIEWED
`3.
`In the preparation of this declaration, I have reviewed the documents
`
`referenced below and any other documents I reference herein, and each of these is
`
`a type of material that experts in my field would reasonably rely upon when
`
`forming their opinions:
`
`1) Roh, J. C., & Rao, B. D. (“Roh”) (March 2004), “An efficient
`
`feedback method for MIMO systems with slowly time-varying
`
`channels,”
`
`in 2004
`
`IEEE Wireless Communications and
`
`Networking Conference (IEEE Cat. No. 04TH8733), Vol. 2, pp.
`
`760-764, obtained from the IEEE on February 3, 2020 (Exhibit
`
`1008);
`
`2) IEEE record for Roh, available at the IEEE Xplore Digital Library
`
`at https://ieeexplore.ieee.org/document/1311282, accessed and
`
`obtained on February 3, 2020 (Appendix 1008-A);
`
`3) Roh, J. C., & Rao, B. D., (“Roh”) (March 2004), “An efficient
`
`feedback method for MIMO systems with slowly time-varying
`
`channels,”
`
`in 2004
`
`IEEE Wireless Communications and
`
`Networking Conference (IEEE Cat. No. 04TH8733), Vol. 2, pp.
`
`760-764, obtained from the Linda Hall Library on February 6,
`
`
`
`2
`
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`Declaration of Dr. Ingrid Hsieh-Yee
`U.S. Patent No. 8,416,862
`
`
`2020 (Appendix 1008-B);
`
`4) Bibliographic record for 2004 IEEE Wireless Communications and
`
`Networking Conference whose volume 2 contains Roh, available at
`
`the
`
`online
`
`catalog
`
`of
`
`the Linda Hall Library
`
`at
`
`http://lhall.hosted.exlibrisgroup.com/vwebv/holdingsInfo?sk=Com
`
`mon&bibId=395501, accessed and obtained on February 6, 2020
`
`(Appendix 1008-C);
`
`5) MARC record for 2004 IEEE Wireless Communications and
`
`Networking Conference whose volume 2 contains Roh, available at
`
`the
`
`online
`
`catalog
`
`of
`
`the Linda Hall Library
`
`at
`
`http://lhall.hosted.exlibrisgroup.com/vwebv/holdingsInfo?sk=Com
`
`mon&bibId=395501 (select Staff view to display the MARC
`
`record), accessed and obtained on February 6, 2020 (Appendix
`
`1008-D);
`
`6) Roh, J. C., & Rao, B. D., (“Roh”) (March 2004), “An efficient
`
`feedback method for MIMO systems with slowly time-varying
`
`channels,”
`
`in 2004
`
`IEEE Wireless Communications and
`
`Networking Conference (IEEE Cat. No. 04TH8733), Vol. 2, pp.
`
`760-764, obtained from the Library of Congress (Appendix 1008-
`
`
`
`3
`
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`Declaration of Dr. Ingrid Hsieh-Yee
`U.S. Patent No. 8,416,862
`
`
`E);
`
`7) MARC record for IEEE Wireless Communications and Networking
`
`Conference whose 2004 conference volume 2 contains Roh,
`
`available at the online catalog of the Library of Congress at
`
`https://catalog.loc.gov/vwebv/staffView?searchId=26968&recPoin
`
`ter=0&recCount=25&searchType=1&bibId=12173784,
`
`accessed
`
`and obtained on January 24, 2020 (Appendix 1008-F);
`
`8) Early citations of Roh (Appendix 1008-G);
`
`9) Haykin, S. S., & Moher, M., (“Haykin”) (2005), Modern Wireless
`
`Communications, Pearson/Prentice Hall, obtained from the Library
`
`of Congress (Exhibit 1010);
`
`10) Bibliographic record for Haykin, available at the online catalog
`
`of the Library of Congress at https://lccn.loc.gov/2003061139,
`
`accessed and obtained on January 30, 2020 (Appendix 1010-A);
`
`11) MARC record for Haykin, available at the online catalog of the
`
`Library
`
`of
`
`Congress
`
`at
`
`https://catalog.loc.gov/vwebv/staffView?searchId=10557&recPoin
`
`ter=0&recCount=25&searchType=2&bibId=13300678,
`
`accessed
`
`and obtained on January 30, 2020 (Appendix 1010-B);
`
`
`
`4
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`Declaration of Dr. Ingrid Hsieh-Yee
`U.S. Patent No. 8,416,862
`
`
`12) Early citations of Haykin (Appendix 1010-C);
`
`13) Yang, B., & Bohme, J. F., (“Yang”) (November 1989),
`
`“Reducing the computations of the SVD array given by Brent and
`
`Luk,” in Advanced Algorithms and Architectures for Signal
`
`Processing IV, SPIE vol. 1152, pp. 92-102, obtained from Linda
`
`Hall Library on February 3, 2020 (Exhibit 1011);
`
`14) Bibliographic
`
`record
`
`for Advanced Algorithms
`
`and
`
`Architectures for Signal Processing IV that contains Yang,
`
`available at the online catalog of the Linda Hall Library at
`
`http://lhall.hosted.exlibrisgroup.com/vwebv/holdingsInfo?sk=Com
`
`mon&bibId=46733, accessed and obtained on January 31, 2020
`
`(Appendix 1011-A);
`
`15) MARC record for Advanced Algorithms and Architectures for
`
`Signal Processing IV that contains Yang, available at the online
`
`catalog
`
`of
`
`the
`
`Linda
`
`Hall
`
`Library
`
`at
`
`http://lhall.hosted.exlibrisgroup.com/vwebv/holdingsInfo?sk=Com
`
`mon&bibId=46733 (select Staff view for the MARC record),
`
`accessed and obtained on January 31, 2020 (Appendix 1011-B);
`
`16) Bibliographic
`
`record
`
`for Advanced Algorithms
`
`and
`
`
`
`5
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`Declaration of Dr. Ingrid Hsieh-Yee
`U.S. Patent No. 8,416,862
`
`
`Architectures for Signal Processing IV that contains Yang,
`
`available at the online catalog of the US Air Force Institute of
`
`Technology
`
`Library
`
`at
`
`https://w95020.eos-
`
`intl.net/W95020/OPAC/Details/Record.aspx?BibCode=46744394
`
`accessed and obtained on January 31, 2020 (Appendix 1011-C);
`
`17) MARC record for Advanced Algorithms and Architectures for
`
`Signal Processing IV that contains Yang, available at the online
`
`catalog of the US Air Force Institute of Technology Library at
`
`https://w95020.eos-
`
`intl.net/W95020/OPAC/Details/Record.aspx?BibCode=46744394
`
`(select MARC to view the MARC record), accessed and obtained
`
`on January 31, 2020 (Appendix 1011-D);
`
`18) Early citations of Yang (Appendix 1011-E);
`
`19) Sadrabadi, M. A., Khandani, A. K., & Lahouti, F.,
`
`(“Sadrabadi”) (December 2004), “A new method of channel
`
`feedback quantization for high data rate MIMO systems,” in IEEE
`
`Global Telecommunications Conference, 2004. GLOBECOM'04,
`
`Vol. 1, pp. 91-95, obtained from IEEE on February 3, 2020,
`
`(Exhibit 1013);
`
`6
`
`
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`Declaration of Dr. Ingrid Hsieh-Yee
`U.S. Patent No. 8,416,862
`
`
`20)
`
`IEEE record for Sadrabadi, available at the IEEE Xplore Digital
`
`Library at https://ieeexplore.ieee.org/document/1377919, accessed
`
`and obtained on February 3, 2020 (Appendix 1013-A);
`
`21) Sadrabadi, M. A., Khandani, A. K., & Lahouti, F.,
`
`(“Sadrabadi”) (December 2004), “A new method of channel
`
`feedback quantization for high data rate MIMO systems,” in IEEE
`
`Global Telecommunications Conference, 2004. GLOBECOM'04,
`
`Vol. 1, pp. 91-95, obtained from the Library of Congress on
`
`February 6, 2020 (Appendix 1013-B);
`
`22) Bibliographic record for Globecom whose 2004 conference,
`
`volume 1 contains Sadrabadi, available at the online catalog of the
`
`Library of Congress at https://lccn.loc.gov/2004209774, accessed
`
`and obtained on January 31, 2020 (Appendix 1013-C);
`
`23) MARC record for Globecom whose 2004 conference, volume 1
`
`contains Sadrabadi, available at the online catalog of the Library of
`
`Congress at
`
`https://catalog.loc.gov/vwebv/staffView?searchId=26982&recPoin
`
`ter=0&recCount=25&searchType=1&bibId=13561198, accessed
`
`and obtained on January 31, 2020 (Appendix 1013-D);
`
`
`
`7
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`Declaration of Dr. Ingrid Hsieh-Yee
`U.S. Patent No. 8,416,862
`
`
`24) Bibliographic record for Globecom ’04 : 2004 IEEE Global
`
`Telecommunications Conference whose volume 1 contains
`
`Sadrabadi, available at the online catalog of the Linda Hall Library
`
`at
`
`http://lhall.hosted.exlibrisgroup.com/vwebv/holdingsInfo?sk=Com
`
`mon&bibId=421475, accessed and obtained on January 31, 2020
`
`(Appendix 1013-E);
`
`25) MARC record for Globecom ’04 : 2004 IEEE Global
`
`Telecommunications Conference whose volume 1 contains
`
`Sadrabadi, available at the online catalog of the Linda Hall Library
`
`at
`
`http://lhall.hosted.exlibrisgroup.com/vwebv/holdingsInfo?sk=Com
`
`mon&bibId=421475 (use Staff view to display the MARC record),
`
`accessed and obtained on January 31, 2020 (Appendix 1013-F).
`
`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.
`
`
`
`8
`
`
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`Declaration of Dr. Ingrid Hsieh-Yee
`U.S. Patent No. 8,416,862
`
`III. BACKGROUND
`5. My complete qualifications and professional experience are described
`
`in my academic curriculum vitae, a copy of which is provided 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
`
`have been a professor for more than 25 years. I hold a Ph.D. in Library and
`
`Information Studies from the University of Wisconsin-Madison and a Masters in
`
`Library and Information Studies from the University of Wisconsin-Madison.
`
`7.
`
`I am an expert on library cataloging and classification and have
`
`published two books on this subject, Organizing Audiovisual and Electronic
`
`Resources for Access: A Cataloging Guide (2000, 2006). I teach a variety of
`
`courses, including Cataloging and Classification, Advanced Cataloging and
`
`Classification, Organization of Internet Resources, Organization of Information,
`
`Digital Content Creation and Management, Internet Searches and Web Design,
`
`Information Literacy Instruction, Advanced Information Retrieval and Analysis
`
`Strategies, and The Information Professions in Society. My research interests cover
`
`
`
`9
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`U.S. Patent No. 8,416,862
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`cataloging and classification, information organization, metadata, information
`
`retrieval, information architecture, digital collections, scholarly communication,
`
`user interaction with information systems, and others.
`
`8.
`
`I am very 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 consists of 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
`
`true and correct copy of Parts 7 to 10 of “Understanding MARC Bibliographic:
`
`Machine-Readable Cataloging”
`
`(http://www.loc.gov/marc/umb/um01to06.html)
`
`from the Library of Congress that explains commonly used MARC fields. For
`
`example, the personal author of the work is recorded in Field 100, the title is
`
`recorded in Field 245, publisher information is recorded in Field 260, the physical
`
`volume and characteristics of a publication are recorded in Field 300, and topical
`
`
`
`10
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`Declaration of Dr. Ingrid Hsieh-Yee
`U.S. Patent No. 8,416,862
`
`subjects are recorded in the 650 fields.
`
`10. The Online Computer Library Center (OCLC) is the largest
`
`bibliographic network of the world, with more than 453 million records and
`
`thousands of libraries from more than 100 countries.
`
`11. OCLC members can contribute original cataloging records in MARC
`
`to the system or derive cataloging records from existing records, an activity
`
`referred to as “copy cataloging.” When an OCLC participating institution acquires
`
`a work, it can create an original MARC record for the work in OCLC’s Connexion
`
`system (a system for catalogers to create and share MARC records), and the
`
`system will automatically generate a code for the date of record creation in the
`
`yymmdd format, and the creating library’s OCLC symbol is recorded in subfield
`
`“a” of the 040 field. Once the MARC record is in Connexion, it becomes available
`
`to other OCLC members for adoption to their local online catalogs (i.e., copy
`
`cataloging).
`
`12. After a MARC record is created in Connexion, it also becomes
`
`searchable and viewable on WorldCat, which is a web portal to more than 10,000
`
`libraries worldwide. The record in WorldCat, however, is not presented in MARC
`
`fields. Instead, the data elements are labeled to help users interpret the record.
`
`13. WorldCat (http://www.worldcat.org) is “the world’s largest network
`
`
`
`11
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`Declaration of Dr. Ingrid Hsieh-Yee
`U.S. Patent No. 8,416,862
`
`of library content and services” and its features are summarized in “What is
`
`WorldCat” (http://www.worldcat.org/whatis/default.jsp). Through WorldCat, users
`
`can search for information in their local libraries and libraries around the world.
`
`WorldCat allows users to search for books, CDs, videos, and many new types of
`
`digital content, such as audiobooks, in many languages. Users can also retrieve
`
`research materials and article citations with links to their full text. After an item is
`
`retrieved, WorldCat helps users identify a library nearby that holds the item or all
`
`the libraries that hold the item. WorldCat is an efficient way to explore the content
`
`held by more than 10,000 libraries around the world.
`
`14. Library online catalogs are based on MARC records that represent
`
`their collections in order to 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. Strong user interest in keyword searches and the popularity of
`
`Google have led to the “googlization” of library search systems. As a result, many
`
`library catalogs now provide a single search box for users to conduct keyword
`
`searches, with additional support for searches by author, title, subject terms, and
`
`other data elements such as ISBN (International Standard Book Number). Library
`
`catalogs these days also offer features for users to narrow their search results by
`
`language, year, format, and other elements. Many libraries display MARC records
`12
`
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`Declaration of Dr. Ingrid Hsieh-Yee
`U.S. Patent No. 8,416,862
`
`on their online catalogs with labels for the data elements to help the public
`
`interpret MARC records. Many libraries also offer the option to display MARC
`
`records in MARC fields.
`
`15. Libraries create MARC records for works they acquire, including
`
`books, serials, motion pictures, and publications in other formats. Monograph
`
`cataloging is fairly common in libraries, and most libraries make a newly cataloged
`
`monograph available to the public soon after the cataloging work is completed,
`
`usually within a week. Libraries may choose to catalog conference proceedings as
`
`monographs if the conferences carry distinctive titles and users are likely to look
`
`for them as monographs. Conference proceedings from conferences that take place
`
`at regular intervals, such as annual conferences, tend to be cataloged as serials to
`
`speed up the cataloging process and make new proceedings available to the public
`
`as soon as possible, usually within one week after serial check in.
`
`16. The cataloging of serials and the serial check-in process are discussed
`
`here to show how libraries usually provide access to newly received serial issues.
`
`According to the glossary of the RDA: Resource Description and Access
`
`cataloging standard, a serial is “a mode of issuance of a manifestation issued in
`
`successive parts, usually bearing numbering, that has no predetermined conclusion.
`
`A serial includes a periodical, monographic series, newspaper, etc.” Because the
`
`
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`Declaration of Dr. Ingrid Hsieh-Yee
`U.S. Patent No. 8,416,862
`
`publisher of a serial makes new issues of the serial available successively, a
`
`customary cataloging practice is to create one bibliographic record for the serial,
`
`and the MARC serial record typically provides information on the beginning date
`
`and frequency of the serial, not the dates of individual issues. In other words,
`
`libraries typically do not create MARC records for individual issues of a serial.
`
`Instead, they rely on a serial check-in system to track the receipt of new issues. A
`
`common check-in practice is to date stamp a new issue when it arrives. This
`
`practice has become automated since the late 1990s, and libraries now vary in how
`
`they share the receipt date of a new serial issue with the public. Some libraries use
`
`a date stamp, some affix a label to indicate the receipt date, some pencil in the
`
`receipt date, and some do not provide the information to the public.
`
`17. The serial check-in process usually takes less than an hour, and one of
`
`the steps involves placing a date stamp on the new issue to document the date the
`
`issue is checked in. After that, the holdings information of the serial is updated in
`
`the library’s catalog so that users know which issues are available for request or
`
`access. After serial check-in is completed, the new issue is placed on the shelf with
`
`the previous issues of the serial. Libraries with a public periodical room typically
`
`place new issues in the periodical room for easy user access. Because information
`
`presented in serials often reflects latest discovery, a general practice of libraries is
`
`to make new issues of serials available for user access soon after they are checked
`14
`
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`Declaration of Dr. Ingrid Hsieh-Yee
`U.S. Patent No. 8,416,862
`
`in, usually within a week.
`
`18.
`
`I am personally familiar with many online catalogs, databases, and
`
`search engines. In preparing for this declaration I used authoritative information
`
`systems, including WorldCat (https://www.worldcat.org), the IEEE Xplore Digital
`
`Library (https://ieeexplore.ieee.org/Xplore/home.jsp), the online catalog of the
`
`Library of Congress (https://catalog.loc.gov), the online catalog of the Linda Hall
`
`Library
`
`(http://lhall.hosted.exlibrisgroup.com/vwebv/searchBasic),
`
`the online
`
`catalog of the US Air Force Institute of Technology (https://w95020.eos-
`
`intl.net/W95020/OPAC/Search/SimpleSearch.aspx#),
`
`and Google
`
`Scholar
`
`(https://scholar.google.com) to search for records. These records are identified and
`
`discussed in this declaration. Experts in the field would reasonably rely on the data
`
`described herein to form their opinions.
`
`
`
`
`
`
`
`15
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`Declaration of Dr. Ingrid Hsieh-Yee
`U.S. Patent No. 8,416,862
`
`IV. EXHIBITS
`A. Ex. 1008 (Roh)
`Authentication
`1.
`19. Ex. 1008 is a true and correct copy of “An efficient feedback method
`
`for MIMO systems with slowly time-varying channels” (“Roh”), by J. C. Roh and
`
`B. D. Rao, in 2004 IEEE Wireless Communications and Networking Conference,
`
`vol. 2, pp. 760-764, that I obtained from the Institute of Electrical and Electronics
`
`Engineering (IEEE), the publisher of 2004 IEEE Wireless Communications and
`
`Networking Conference. When I was asked to prepare this declaration, I searched
`
`WorldCat for “efficient feedback method for MIMO systems with slowly time-
`
`varying channels” for records, and the search results informed me that the full text
`
`of Roh is available from the IEEE Xplore Digital Library. I then followed the link
`
`in the WorldCat record for Roh to the IEEE Xplore Digital Library, and found an
`
`IEEE record for Roh. I then used the PDF link in this record to purchase Roh. Page
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`1 of Ex. 1008 is the first page of Roh that shows “an efficient feedback method for
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`MIMO systems with slowly time-varying channels” as the title, and “June Chul
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`Roh and Bhaskar D. Rao” as the authors. The bottom of this page shows Roh has a
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`“2004” copyright date with IEEE as the copyright holder. It also shows Roh
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`appears in “WCNC 2004 / IEEE Communications Society,” which has an ISBN of
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`“0-7803-8344-3.” The Roh article begins on page 760 and ends on page 764,
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`
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`Declaration of Dr. Ingrid Hsieh-Yee
`U.S. Patent No. 8,416,862
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`including four figures and nine references.
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`20. Appendix 1008-A is the IEEE record for Roh that I personally
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`located, identified and obtained from the IEEE Xplore Digital Library. The record
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`shows the title, authors, and abstract of Roh. It also shows that Roh was published
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`in “2004 IEEE Wireless Communications and Networking Conference (IEEE Cat.
`
`No.04TH8733),” the print ISBN (International Standard Book Number) for this
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`publication is “0-7803-8344-3” and the print ISSN (International Standard Serial
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`Number) is “1525-3511.” The IEEE record also shows that the 2004 IEEE
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`Wireless Communications and Networking Conference took place in Atlanta, GA,
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`USA from “21-25 March 2004.” The Date Added to IEEE Xplore field shows the
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`IEEE record for Roh was added on “19 July 2004” and the DOI (digital object
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`identifier) of Roh is “10.1109/WCNC.2004.1311282.”
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`Linda Hall Library Copy of Roh
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`2.
`21. Appendix 1008-B is a true and correct copy of “An efficient feedback
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`method for MIMO systems with slowly time-varying channels” (“Roh”), by J. C.
`
`Roh and B. D. Rao, in 2004 IEEE Wireless Communications and Networking
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`Conference, vol. 2, pp. 760-764, that I obtained from the Linda Hall Library. After
`
`I searched for records in WorldCat by the title of the Roh article, the search results
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`showed that Linda Hall Library held the publication containing Roh. I then
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`searched the Linda Hall Library online catalog for records for “2004 IEEE
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`Declaration of Dr. Ingrid Hsieh-Yee
`U.S. Patent No. 8,416,862
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`Wireless Communications and Networking Conference” and the search results
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`confirmed the holdings information. After that, I asked the Document Delivery
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`Service of the Linda Hall Library to provide me with a scanned copy of Roh and
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`the front matter of 2004 IEEE Wireless Communications and Networking
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`Conference volume 2. I received the scanned pages on February 6, 2020.
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`22. Page 1 of Appendix 1008-B is the title page of the 2004 IEEE
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`Wireless Communications and Networking Conference, volume 2, which contains
`
`Roh. In addition to the conference title and the volume number, the title page
`
`shows “WCNC 2004” printed after the conference title, and also shows that the
`
`conference took place from “21-25 March 2004” in the Georgia World Congress
`
`Center of Atlanta, GA, USA. It also shows “IEEE, IEEE Communications Society”
`
`as the publisher. Page 2 of Appendix 1008-B is the copyright page that shows
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`2004 IEEE Wireless Communications and Networking Conference has a “2004”
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`copyright date with the Institute of Electrical and Electronics Engineers, Inc. as the
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`copyright holder. In addition, the copyright page shows the IEEE Catalog Numbers
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`of this publication are “04TH8733” for the softbound copy, and “04TH8733C” for
`
`the CD-ROM copy. It also shows the ISBN of the softbound copy is “0-7803-
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`8344-3” and the ISBN of the CD-ROM copy is “0-7803-8345-1.” The copyright
`
`page also shows an ISSN (International Standard Serial Number) of “1525-3511.”
`
`Page 3 of Appendix 1008-B (internal page iii) is the “Letter from the Technical
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`Declaration of Dr. Ingrid Hsieh-Yee
`U.S. Patent No. 8,416,862
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`Program Committee Chair” that carries a stamp of “Linda Hall Library Kansas
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`City, MO.” and a hand-written date of “7-15-04” (i.e., July 15, 2004) that indicates
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`the date when this publication was added to the Linda Hall Library Collection.
`
`Page 8 of Ex. 1008 is the first page of the Roh article, which runs from pages 760
`
`to 764, including four figures and nine references. I have closely compared the
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`IEEE copy of Roh (Ex. 1008) with the Linda Hall Library copy of Roh (Appendix
`
`1008-B) and found them to be substantively identical. The only difference is that
`
`the IEEE copy includes color in figures 1, 3 and 4, while the Linda Hall Library
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`copy is black and white.
`
`Linda Hall Library Records
`
`3.
`23. Appendix 1008-C is a true and correct copy of the bibliographic
`
`record for WCNC 2004 : 2004 IEEE Wireless Communications and Networking
`
`Conference that contains Roh. I retrieved this record from the online catalog of the
`
`Linda Hall Library by searching for “WCNC 2004.” The bibliographic record has a
`
`link for “staff view,” which brings up the MARC record (Appendix 1008-D). I
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`personally located, identified and obtained the bibliographic and MARC records,
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`which experts in my field would reasonably rely upon when forming their opinion.
`
`24. As indicated earlier, conference proceedings can be cataloged as serial
`
`or monograph. When conferences take place at regular intervals, libraries may
`
`choose to catalog their proceedings as serial to expedite the cataloging process and
`19
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`Declaration of Dr. Ingrid Hsieh-Yee
`U.S. Patent No. 8,416,862
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`make new proceedings available to the public soon after they are received. When
`
`conferences have distinctive themes and users are likely to look for them by title,
`
`libraries may choose to catalog the conference proceedings as monographs. In this
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`case, Linda Hall Library has cataloged WCNC 2004 as a monograph.
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`25. The first six digits of Field 008 of the MARC record (Appendix
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`1008-D) show that the record was created on “040715” (i.e., July 15, 2004).
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`Subfield a of Field 040 shows that “LHL” was the creator of the original record.
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`LHL is the OCLC symbol for Linda Hall Library, according to the Directory of
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`OCLC Members (https://www.oclc.org/en/contacts/libraries.html). The holdings
`
`information area of the bibliographic record (Appendix 1008-C) shows the book is
`
`in the “Open Stacks” of the Linda Hall Library, its call number is “TK5103.2 .I65
`
`2004,” the title has four volumes, and the status of the book is “Not Charged”
`
`(meaning available to users). Field 035 of the MARC record shows the record has
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`an OCLC number of “55948827,” which means the record is available to OCLC
`
`members for copy cataloging and interlibrary loan purposes, and also available for
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`searching on WorldCat, the free web portal to more than 10,000 library collections
`
`around the world.
`
`26. The title field of the bibliographic record (Appendix 1008-C) and
`
`Field 245 of the MARC record (Appendix 1008-D) show that “WCNC 2004 :
`
`
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`20
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`Declaration of Dr. Ingrid Hsieh-Yee
`U.S. Patent No. 8,416,862
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`2004 IEEE Wireless Communications and Networking Conference” is the main
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`title, and the subtitle is “Broadband wireless—the time is now” and the title covers
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`proceedings from the conference held from “21-25 March, 2004, Atlanta, GA,
`
`USA, Georgia World Congress Center.” The 245 field also shows “IEEE and IEEE
`
`Communications Society” as contributing bodies. Field 111 of the MARC record
`
`shows the author for this publication is the conference whose name is presented in
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`the authorized form here. The MARC record also shows that three variant titles—
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`“Broadband wireless—the time is now,” “2004 IEEE Wireless Communications
`
`and Networking Conference,” and “Wireless communications and networking
`
`conference”--are provided as additional access points in the 246 fields to help users
`
`discover this publication. The Imprint field of the bibliographic record (Appendix
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`1008-C) and Field 260 of the MARC record (Appendix 1008-D) show that IEEE
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`of Piscataway, New Jersey published this publication with a 2004 copyright date.
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`Four 020 fields in the MARC record show the 10-digit and 13-dig