`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`_______________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`_______________
`
`
`COMCAST CABLE COMMUNICATIONS, LLC,
`Petitioner,
`v.
`
`ROVI GUIDES, INC.,
`Patent Owner.
`
`Patent No. 7,200,855
`Filing Date: May 24, 2001
`Issue Date: April 3, 2007
`Title: METHOD AND APPARATUS OF MULTIPLEXING A
`PLURALITY OF CHANNELS IN A MULTIMEDIA SYSTEM
`_______________
`
`Inter Partes Review No.: IPR2020-00789
`_______________
`
`DECLARATION OF CARRIE GARDNER, PH.D.
`
`
`
`
`
`
`Comcast, Ex. 1213
`
`

`

`TABLE OF CONTENTS
`INTRODUCTION .......................................................................................... 1 
`I. 
`BACKGROUND AND QUALIFICATIONS ................................................ 2 
`II. 
`PRELIMINARIES .......................................................................................... 3 
`III. 
`IV.  OPINIONS REGARDING EXHIBIT 1006/1206: PCI LOCAL BUS
`SPECIFICATION, REVISION 2.2, PCI SPECIAL INTEREST GROUP,
`DECEMBER 18, 1998 (“PCI”) ...................................................................... 5 
`A.  Authentication ................................................................................................... 5 
`B.  Public Accessibility ........................................................................................ 11 
`C.  Conclusion ...................................................................................................... 12 
`V.  OPINIONS REGARDING EXHIBITS 1016, 1116, 1216: EXCERPTS
`FROM THE BOOK MPEG-2 BY JOHN WATKINSON, PUBLISHED BY
`FOCAL PRESS, 1999. ................................................................................. 13 
`A.  Authentication ................................................................................................. 13 
`B.  Public Accessibility ........................................................................................ 15 
`C.  Conclusions ..................................................................................................... 18 
`VI.  OPINIONS REGARDING EXHIBIT 1034, 1134, 1234: EXCERPTS
`FROM WIRELESS LANS: IMPLEMENTING INTEROPERABLE
`NETWORKS, JIM GEIER, MACMILLAN TECHNICAL PUBLISHING,
`1999 .............................................................................................................. 18 
`A.  Authentication ................................................................................................. 18 
`B.  Public Accessibility ........................................................................................ 21 
`C.  Conclusions ..................................................................................................... 24 
`VII.  OPINIONS REGARDING EXHIBITS 1046, 1107: EXCERPTS FROM
`FIREWIRE® SYSTEM ARCHITECTURE: IEEE 1394A, SECOND
`EDITION DON ANDERSON, ADDISON-WESLEY, 1999. ..................... 24 
`A.  Authentication ................................................................................................. 24 
`B.  Public Accessibility ........................................................................................ 27 
`C.  Conclusions ..................................................................................................... 29 
`VIII.  OPINIONS REGARDING EXHIBIT 1017, 1117, 1217: EXCERPTS
`FROM DIGITAL VIDEO: AN INTRODUCTION TO MPEG-2, B.
`HASKELL ET AL., CHAPMAN & HALL, 1997 ....................................... 29 
`
`
`
`i
`
`

`

`A.  Authentication ................................................................................................. 29 
`B.  Public Accessibility ........................................................................................ 32 
`C.  Conclusions ..................................................................................................... 35 
`IX.  OPINIONS REGARDING EXHIBIT 1026, 1126, 1226: EXCERPTS
`FROM TELECOMMUNICATIONS ENGINEER’S REFERENCE BOOK,
`FRAIDOON MAZDA, EDITOR, BUTTERWORTH-HEINEMANN LTD,
`1993. ............................................................................................................. 35 
`A.  Authentication ................................................................................................. 35 
`B.  Public Accessibility ........................................................................................ 37 
`C.  Conclusions ..................................................................................................... 40 
`X.  OPINIONS REGARDING EXHIBIT 1028, 1128, 1228: EXCERPTS
`FROM SWITCHED, FAST, AND GIGABIT ETHERNET, THIRD
`EDITION, ROBERT BREYER AND SEAN RILEY, MACMILLAN
`TECHNICAL PUBLISHING, 1999 ............................................................. 40 
`A.  Authentication ................................................................................................. 40 
`B.  Public Accessibility ........................................................................................ 42 
`C.  Conclusions ..................................................................................................... 45 
`XI.  OPINIONS REGARDING EXHIBIT 1030, 1130, 1230: EXCERPTS
`FROM NEWTON’S TELECOM DICTIONARY: THE OFFICIAL
`DICTIONARY OF TELECOMMUNICATIONS NETWORKING & THE
`INTERNET, SIXTEENTH EDITION, TELECOM BOOKS, 2000. ........... 45 
`A.  Authentication ................................................................................................. 45 
`B.  Public Accessibility ........................................................................................ 48 
`C.  Conclusions ..................................................................................................... 49 
`XII.  OPINIONS REGARDING EXHIBIT 1033, 1133: EXCERPTS FROM
`INTERNETWORKING WITH TCP/IP VOL I: PRINCIPLES,
`PROTOCOLS, AND ARCHITECTURE, THIRD EDITION, PRENTICE-
`HALL, INC., 1995 ........................................................................................ 49 
`A.  Authentication ................................................................................................. 49 
`B.  Public Accessibility ........................................................................................ 51 
`C.  Conclusions ..................................................................................................... 54 
`
`
`
`ii
`
`

`

`XIII.  OPINIONS REGARDING EXHIBIT 1047, 1247: EXCERPTS FROM
`THE BOOK: PCI SYSTEM ARCHITECTURE, FOURTH EDITION BY
`TOM SHANLEY AND DON ANDERSON, PUBLISHED BY ADDISON-
`WESLEY, 1999. ........................................................................................... 54 
`A.  Authentication ................................................................................................. 54 
`B.  Public Accessibility ........................................................................................ 56 
`C.  Conclusions ..................................................................................................... 59 
`XIV.  CONCLUSION ............................................................................................. 59 
`
`
`
`
`
`
`iii
`
`

`

`1.
`
`I, Carrie Gardner, hereby declare under the pains and penalty of perjury:
`
`I.
`
`INTRODUCTION
`
`2.
`
`I have personal knowledge of the facts and opinions set forth in this
`
`declaration, I believe them to be true, and if called upon to do so, I would testify
`
`competently to them. I have been warned that willful false statements and the like
`
`are punishable by fine or imprisonment, or both.
`
`3.
`
`I have extensive experience in the field of library and information
`
`science. I have taught library and information science courses for San Jose State
`
`University since 2002. I was an assistant professor at the Catholic University of
`
`America and for the Pennsylvania State System of Higher Education. I have been
`
`the principal consultant at Clairmaxine Consulting since 1991. I have delivered over
`
`200 speeches, lectures, workshops and classes on aspects of information
`
`authenticity,
`
`information flow
`
`in our society,
`
`intellectual property, and
`
`confidentiality with regards to information access.
`
`4.
`
`I have been retained by Banner Witcoff, Ltd., to authenticate and
`
`establish the dates of public accessibility of certain documents in an inter partes
`
`review proceedings for U.S. Patent No. 7,200,855. For this service, I am being paid
`
`my usual hourly fee of $200/hour. My compensation in no way depends on the
`
`substance of my testimony or the outcome of this proceeding.
`
`
`
`1
`
`

`

`II.
`
`BACKGROUND AND QUALIFICATIONS
`
`5. My educational history is as follows:
`
` 2001: Doctor of Philosophy in Library Science, University of
`
`Pittsburgh. Dissertation: Conflict Resolution Behaviors among
`
`Stakeholders in Developing and Implementing Internet Use Policies
`
`in Pennsylvania Public High Schools;
`
` 2014: Master of Education (Reading), Edinboro University of
`
`Pennsylvania;
`
` 2004: Master of Education (Administration), Temple University;
`
` 1993: Master of Library Science, University of Pittsburgh; and
`
` 1990: Bachelor of Science, Education and Library Science,
`
`Millersville University of Pennsylvania. Magna Cum Laude.
`
`6. My employment history is as follows:
`
` Principal Consultant, Clairmaxine, 1991-Present;
`
` Assistant Professor, Pennsylvania State System of Higher
`
`Education, 2007-2012;
`
` Assistant Professor, School of Library and Information Science,
`
`Catholic University of America. 2003-2007;
`
` Coordinator, Library Media Services, Milton Hershey School.
`
`1999-2003;
`
`2
`
`

`

` Library Media Specialist, Milton Hershey School. 1996-1999;
`
` Teaching Fellow, University of Pittsburgh. 1993-1995;
`
` Graduate Student Assistant, University of Pittsburgh. 1992-1993;
`
` Library Media Specialist, Palmyra School District. 1990-1992; and
`
` Student Retrospective Conversion Cataloger, Millersville
`
`University. 1987-1990.
`
`7.
`
`In the course of my twenty-eight years of academic life, I have myself
`
`been an active researcher and librarian. I have collaborated with dozens of
`
`individual researchers and worked to provide information to over five thousand
`
`patrons. During the course of this work I have developed and maintained expert
`
`skills in information management and retrieval.
`
`8.
`
`Attached hereto as Appendix A is my full resume.
`
`III.
`
`PRELIMINARIES
`
`9.
`
`Scope of this declaration. I am not a lawyer and I am not rendering an
`
`opinion on the legal question of whether any particular document is, or is not, a
`
`“printed publication” under the law.
`
`10.
`
`I am, however, rendering my expert opinion on the authenticity of the
`
`documents referenced herein and on when and how each of these documents was
`
`disseminated or otherwise made available to the extent that persons interested and
`
`3
`
`

`

`ordinarily skilled in the subject matter or art, exercising reasonable diligence, could
`
`have located the documents.
`
`11.
`
`I have been informed that for the ʼ855 patent, a person having ordinary
`
`skill in the art is a hypothetical person that would have had, as of May 2001, a
`
`bachelor’s degree in electrical engineering, computer engineering, computer
`
`science, or a similar discipline, and at least two years of experience with distributed
`
`computing systems such as multimedia systems, or would have had equivalent
`
`experience either in industry or research, such as designing, developing, evaluating,
`
`testing, or implementing the aforementioned technologies.
`
`12. Such engineers and scientists frequently ask librarians, like myself, to
`
`assist them in locating information. Throughout the course of my career, I have
`
`assisted numerous engineers and scientists in locating technical papers, books, and
`
`Internet articles.
`
`13. Materials considered. In forming the opinions expressed in this
`
`declaration, I have reviewed the documents and attachments referenced herein.
`
`These materials are records created in the ordinary course of business by businesses,
`
`publishers, libraries, indexing services, and others. From my years of experience, I
`
`am familiar with the process for creating many of these records, and I know these
`
`records are created by people with knowledge of the information in the record.
`
`Further, these records are created with the expectation that researchers and other
`
`4
`
`

`

`members of the public will use them. All materials cited in this declaration and its
`
`attachments are of a type that experts in my field would reasonably rely upon and
`
`refer to in forming their opinions.
`
`IV.
`
`OPINIONS REGARDING Exhibit 1006/1206: PCI Local Bus
`Specification, Revision 2.2, PCI Special Interest Group, December 18,
`1998 (“PCI”)
`
`A. Authentication
`14. Exhibit 1006/1206 (“PCI”) is a document titled: “PCI Local Bus
`
`Specification, Revision 2.2.”
`
`15.
`
`In order to authenticate Exhibit 1006/1206, I reviewed a Declaration
`
`from Doanh Vu (Exhibit 1007/1207) in which Mr. Vu explains that he obtained
`
`Exhibit 1006/1206 from the file history of U.S. Patent No. 6,218,864 (the “’864
`
`patent”, Exhibit 1011/1211) from the United States Patent and Trademark Office
`
`(USPTO). Appendix A of Mr. Vu’s declaration includes a copy of the file history
`
`of the ’864 patent, and Appendix B is a copy of Exhibit 1006/1206. Mr. Vu attests
`
`that Appendix B is a true and correct copy of the document he obtained from the
`
`patent office.
`
`16. To begin, I went to https://www.google.com/ and using the google
`
`search engine, I searched “PCI Local Bus Specification Revision 2.2,” which is the
`
`title on the cover page of the document.
`
`5
`
`

`

`17. The first result provided by my search at https://www.google.com/ list
`
`was: https://www.ics.uci.edu/~harris/ics216/pci/PCI_22.pdf. This website hosted
`
`by the University of California Irvine is a profile page of Ian G. Harris, who
`
`according to the website, is a professor of Computer Science. At this website I found
`
`a copy of the specification that exactly matches Exhibit 1006/1206, except that
`
`Exhibit 1006/1206 includes an additional stamp (“U.S. PTO”) on the cover page.
`
`Finding identical copies of the same document from different sources that are
`
`unrelated, but that both involve the same field of study of a PHOSITA (an electrical
`
`engineering professor’s website and a patent directed to an electrical circuit related
`
`to PCI) is an indication that Exhibit 1006/1206 has not been altered from its original
`
`form.
`
`18. Both
`
`Exhibit
`
`1006/1206
`
`and
`
`the
`
`copy
`
`found
`
`at
`
`https://www.ics.uci.edu/~harris/ics216/pci/PCI_22.pdf state on page ii that the
`
`document was created by the PCI Special Interest Group. Page ii lists the website
`
`for the PCI Special Interest Group as: http://www.pcisig.com. I went to
`
`http://www.pcisig.com and read that PCISIG is the name of a group that creates
`
`specifications and standards for peripheral component
`
`interconnect (PCI)
`
`technology. At the website: https://pcisig.com/membership, I read that PCISIG
`
`started in 1992 as the Peripheral Component Interconnect Special Interest Group and
`
`has over 700 industry companies as members. A printout of this webpage is attached
`
`6
`
`

`

`as Exhibit B. I clicked on the link labeled “Member Companies” and read that
`
`companies such as 3M, Amazon, and Microsoft are members. Their membership
`
`lends credibility to the validity and importance of the organization. I also read that
`
`Xilinx, Inc. is also a member, which is the Assignee identified on the cover page of
`
`the ’864 patent.
`
`19. At https://pcisig.com/, I used the search feature on the website to search
`
`“PCI Local Bus Specification Revision 2.2.” The search returned this website:
`
`https://pcisig.com/pci-local-bus-specification-revision-23 which stated that the PCI
`
`Local Bus Specification Revision 2.2 was issued on December 18, 1998. A printout
`
`of this webpage is attached as Exhibit C. This is an exact match to the information
`
`contained on the cover page of Exhibit 1006/1206.
`
`20.
`
`I also searched for “https://pcsig.com” on the website The Internet
`
`Archive (https://archive.org/about/). The Internet Archive, which is a 501(c)(3) non-
`
`profit, is a digital archive/library of Internet sites that starting in 1996 were ‘scraped’
`
`from publicly accessible webpages. The Internet Archive created a service called
`
`the Wayback Machine that makes these archived web pages searchable. Searches
`
`on the Wayback Machine can be undertaken by URL. If an archive record for a URL
`
`is available, webpages for available dates will be shown. Through the Wayback
`
`Machine it is possible to view a specific webpage at a URL and see that page on that
`
`date as it then appeared. It is more or less a ‘snapshot’ of the website on that date.
`
`7
`
`

`

`21. My search for “https://pcsig.com” showed that the website had been
`
`archived 1,141 times between December 18, 1996, and April 10, 2020. I selected a
`
`capture to review dated February 09, 1999, which is attached as Exhibit D. On this
`
`page a selected a link “Specifications,” which opened the webpage archived on
`
`March 02, 1999, which is attached as Exhibit E. The top of the pages of Exhibits D
`
`and E include the name of the organization and the address, “2575 NE Kathryn St
`
`#17 Hillsboro, OR 97124” and Fax number “503-693-8344,” which are the same as
`
`that printed on page ii of Exhibit 1006/1206. Also, page 1 of Exhibit D states “PCI
`
`SIG Announces Release of PCI v2.2, PCI SIG announced today that v2.2 of the
`
`PCI Local Bus standard specification is now available.” Exhibit E identifies costs
`
`of certain specifications “as of January 1999” and indicates that “PCI Local Bus
`
`Specification Rev. 2.2” is available for “$25 plus shipping*.” Exhibit E further
`
`indicates that the specifications are available by submitting a form by Fax to the
`
`number noted above. This information from Exhibits D and E provide additional
`
`corroboration that the Exhibit 1006/1206 is authentic.
`
`22.
`
` I further secured a copy of the print book, PCI System Architecture,
`
`Fourth Edition by Don Anderson and Tom Shanley published by Addison-Wesley
`
`with a copyright of 1999 (Exhibit 1047/1247). Exhibit 1006/1206, the PCI Local
`
`Bus Specification, is the basis of the book by Anderson and Shanley, so information
`
`from Exhibit 1006/1206 is mentioned throughout the book. I found one example on
`
`8
`
`

`

`page 7 which states “[t]he latest version, 2.2 was completed on December 18, 1998
`
`[which matches the date on the front cover of Exhibit 1006/1206] and became
`
`available in February of 1999”.
`
`23. The Anderson and Shanley book (Exhibit 1047/1247) also states:
`
`Exhibit 1047/1247 at 13 (excerpt)
`24. The mailing address, US phone and Fax numbers, and website where
`
`the specification could be obtained as identified in the book, matches that identified
`
`
`
`on the second page of Exhibit 1006/1206.
`
`
`
`9
`
`

`

`Exhibit 1006/1206 at 2 (excerpt)
` Exhibit 1006/1206 is in a condition that creates no suspicion about its
`
`25.
`
`authenticity. Specifically, Exhibit 1006/1206 is not missing any intermediate pages
`
`of text, the text on each page appears to flow seamlessly from one page to the next,
`
`and there are no visible alterations to the document. Exhibit 1006/1206 was found
`
`at multiple locations.
`
`26.
`
`I conclude, based on:
`
` finding identical copies of Exhibit 1006/1206 from unrelated sources (the
`
`’864 patent and an electrical engineering professor’s website), which both
`
`pertain to the subject matter of the reference and relevant background of a
`
`PHOSITA,
`
` finding references to Exhibit 1006/1206 (including its release date and other
`
`information that match the contents of the exhibit) on the current website of
`
`the publisher of the exhibit and in the Anderson and Shanley book (Exhibit
`
`1047/1247), which is specifically about Exhibit 1006/1206, and
`
` finding references to Exhibit 1006/1206 in the archived webpages of the
`
`publisher that were captured near the date of publication, including references
`
`of the availability date and cost of Exhibit 1006/1206, and a matching address
`
`and Fax number that is included in Exhibit 1006/1206
`
`10
`
`

`

`that Exhibit 1006/1206 is an authentic copy of the PCI Local Bus Specification,
`
`Revision 2.2, released on December 18, 1998 and published by the PCI Special
`
`Interest Group.
`
`B.
`27.
`
`Public Accessibility
` In order to determine whether, and if so, Exhibit 1006/1206 was
`
`available to the public, I considered the same information I discussed above
`
`regarding the authenticity of the exhibit.
`
`28.
`
`In particular, the exhibit itself includes a date of December 18, 1998,
`
`and the website of the publisher indicates the same date as the release date of the
`
`document.
`
`29. Additionally, three separate references specifically identify and
`
`included details of Exhibit 1006/1206. The first is the ’824 patent (Exhibit
`
`1011/1211), which as discussed above includes a copy of Exhibit 1006/1206 that the
`
`applicant provided to the USPTO on August 10, 1999. The second is the Anderson
`
`and Shanley book (Exhibit 1047/1247), which itself was published in May 1999, and
`
`which provides a history of the specification indicating that it became available in
`
`February 1999. The third is the webpages of the publisher that were archived in
`
`February and March 1999 that announce the release and availability of the
`
`document.
`
`11
`
`

`

`30. Using San Jose State University library resources, I further conducted
`
`a full text search of articles published before May 24, 2001 for “PCI Local Bus
`
`Specification Revision 2.2.” The search returned 112 articles. To confirm the search
`
`was accurate, I downloaded 12 of the articles and confirmed that the searched text
`
`was included in the article and that the article was published before May 24, 2001.
`
`A list of these 12 articles is attached as Exhibit F.
`
`31. Based on the above corroborating information, I conclude that Exhibit
`
`1006/1206 was publicly available to a person of ordinary skill in the art interested in
`
`obtaining the document as of February 1999 as indicated in Anderson and Shanley
`
`(Exhibit 1047/1247) and the archived webpage, which is a few months after its
`
`release date of December 18, 1998, and certainly no later than August 10, 1999, the
`
`date the ’864 patent (Exhibit 1011/1211) was submitted to the patent office as an
`
`application.
`
`C. Conclusion
`32. Based on the totality of evidence presented here it is my opinion that
`
`Exhibit 1006/1206 is an authentic copy of the “PCI Local Bus Specification,
`
`Revision 2.2,” released on December 18, 1998 and published by the PCI Special
`
`Interest Group, which was publicly available February 1999.
`
`12
`
`

`

`V.
`
`OPINIONS REGARDING Exhibits 1016, 1116, 1216: Excerpts from the
`book MPEG-2 by John Watkinson, published by Focal Press, 1999.
`
`A. Authentication
`33.
` Exhibits 1016, 1116, and 1216 (each including the same reference
`
`“Watkinson”) contains excerpts from a monograph (book) titled “MPEG-2” by John
`
`Watkinson that was published by Focal Press in 1999. In order to authenticate
`
`Exhibit 1016/1116/1216, I secured a print copy of the book. The book was in a
`
`condition that left no doubt about its authenticity. The pages were securely within
`
`the cover and no pages were missing. After examining the condition of the book, I
`
`turned to the title page. I confirmed that Watkinson is titled “MPEG-2” by John
`
`Watkinson and published by Focal Press. On the verso of the title page, I found the
`
`phrase “Copyright John Watkinson 1999.”
`
`34.
`
`I also found the International Standard Book Number (ISBN) number
`
`of 0-24-0515102. ISBN identifiers are unique numeric identifiers that are placed in
`
`books in order to identify exact editions. If a new book is issued, it must include a
`
`different ISBN. This includes format as well as content changes. If content changes
`
`or if a different binding (i.e., paperback) is created, a new ISBN must be secured.
`
`This system guarantees that different versions of a book have an ISBN that defines
`
`its relationship to all other editions of that title. In order to further authentic
`
`Watkinson, I went to https://catalog.loc.gov/ which is the online catalog of the
`
`Library of Congress. I searched the catalog using “0240515102” and retrieved a
`
`13
`
`

`

`record at this website: https://lccn.loc.gov/99203277 which contains the Library of
`
`Congress record for the book, which included identical identifying information as
`
`that indicated above. I found the Library of Congress Control Number (LCCN) of
`
`99-203277. The Library of Congress provides a service where publishers send
`
`advanced copies of books to the Library of Congress staff. The staff assign a Library
`
`of Congress Control Number. The first part of the number is the year the book was
`
`received. The number after the dash is an accession number based on the number of
`
`books received that year. Exhibit 1016/1116/1216 was received by the Library of
`
`Congress in 1999 and it was the 203,277th book given an LCCN number during that
`
`year. I further went to the website https://www.worldcat.org/ which is the largest
`
`database of library holdings in the world. Librarians from around the world upload
`
`the holdings of their libraries to the database. I searched “0240515102” and retrieved
`
`this record: http://www.worldcat.org/oclc/41159672. I found entries for books that
`
`are identical to Exhibit 1016/1116/1216 and held by numerous libraries.
`
`Importantly, the books identified in the Worldcat database have the same ISBN
`
`number as Exhibit 1016/1116/1216, and every aspect described in Worldcat was an
`
`identical match to Exhibit 1016/1116/1216.
`
`35.
`
`I further went to http://amazon.com and searched “0240515102” and
`
`retrieved
`
`this
`
`record: https://www.amazon.com/Mpeg-2-John-Watkinson/dp/
`
`0240515102/ref=sr_1_1?dchild=1&keywords=0240515102&qid=1586827118&sr
`
`14
`
`

`

`=8-1, which contains details identical to that indicated in Exhibit 1016/1116/1216,
`
`including an image of the front cover and an image of the copyright page. The
`
`Amazon webpage indicated that the book was available on April 14, 1999.
`
`36. Based on the foregoing (i.e., finding information about multiple copies
`
`of books identical to Watkinson available for sale and finding entries for multiple
`
`copies in different library collections), I conclude that Watkinson (Exhibit
`
`1016/1116/1216) is authentic.
`
`B.
`37.
`
`Public Accessibility
` In order to determine whether, and if so when, Watkinson was
`
`available to the public, I first examined the book itself. Having established that
`
`Exhibit 1016/1116/1216 is authentic based on my finding multiple identical copies
`
`of it at likely websites, I examined Watkinson for information about availability.
`
`The verso of the title page is the most common location for information about
`
`copyright in books. The verso of the title page in Watkinson states that the book
`
`was copyrighted in 1999.
`
`38.
`
`In order to further confirm the public accessibility of Exhibit
`
`1016/1116/1216, I went to https://amazon.com. I searched “0240515102” and
`
`retrieved
`
`this
`
`website:
`
`https://www.amazon.com/Mpeg-2-John-
`
`Watkinson/dp/0240515102/
`
`15
`
`

`

`ref=sr_1_1?dchild=1&keywords=0240515102&qid=1586828212&sr=8-1 which
`
`lists the date the resource was available as April 14, 1999.
`
`39.
`
`I further retrieved the record of the book from the Library of Congress
`
`at:
`
`https://catalog.loc.gov/vwebv/staffView?searchId=22429&recPointer=0&rec
`
`Count=25&searchType=1&bibId=3106181. The LOC record includes a MARC
`
`(Machine-readable cataloging) record, which is an international standard set by the
`
`library community. Librarians around the world use the MARC standard to catalog
`
`books and other items found in libraries. Using this standard provides uniformity to
`
`library catalogs around the world. Each field in a MARC record begins with a
`
`number and contains multiple subfields. The MARC standard defines what
`
`information librarians put into each field. Use of the MARC record guarantees that
`
`librarians around the world catalog the same book in the same manner and that those
`
`records are compatible with the software that librarians purchase to create digital
`
`(online) catalogs of the resources in libraries. Use of MARC records also increases
`
`the accessibility of library collections for patrons.
`
`40. Fields 245, 650, 955, and 991 of the MARC record for Watkinson are
`
`copied below.
`
`245 10 |a MPEG-2 / |c John Watkinson.
`650 _0 |a Video compression
`650 _0 |a MPEG (Video coding standard)
`
`16
`
`

`

`955 __ |a pb18 05-05-99 to cat.; jf00 05-07-99; jf03 to Subj. 05-17-99; jf08 05-
`
`17-99 to SL; jf25 05-20-99 to ddc
`
`991 __ |b c-GenColl |h TK6680.5 |i .W384 1999 |t Copy 1 |w BOOKS
`
`41. The collections of the Library of Congress are searchable by keyword,
`
`subject matter, author, or title such that a person, with or without a research assistant,
`
`could find works in which they were interested. For example, a member of the public
`
`could have located Watkinson by searching author: John Watkinson; title: MPEG-
`
`2; and/or the subject field: “Video Compression” and “MPEG (Video coding
`
`standard)” in fields 245 and 650, respectively. Members of the public could read,
`
`study, and make notes about a selected work in the Reading Rooms. Further,
`
`members of the public were permitted to make photocopies of portions of the works
`
`while in the Reading Rooms. Accordingly, Watkinson was accessible to the general
`
`public and searchable by subject matter when it was available at the Library of
`
`Congress. The 991 record identifies the call number including the publication date
`
`of 1999, and the number of copies “Copy 1” available. The 955 record indicates the
`
`processing and cataloging of Watkinson in sequential steps separated by semi-
`
`colons. Processing began on May 5, 1999, when the book was submitted for
`
`cataloging (CAT), and finished on May 20, 1999, when the book was submitted for
`
`Dewy Decimal Classification (DDC) number assignment. Watkinson would have
`
`17
`
`

`

`been accessible to the public on the shelf in the Library of Congress within a few
`
`days thereafter.
`
`42.
`
`In view of the forgoing, it is my opinion that Exhibit 1016/1116/1216
`
`was publicly available to persons interested and ordinarily skilled in the relevant
`
`subject matter or art, exercising reasonable diligence in May or June of 1999.
`
`C.
`43.
`
` Conclusions
` I conclude that Exhibit 1016/1116/1216 is authentic and was publicly
`
`available at no later than June 1999.
`
`VI.
`
`OPINIONS REGARDING Exhibit 1034, 1134, 1234: Excerpts from
`Wireless LANs: Implementing Interoperable Networks, Jim Geier,
`Macmillan Technical Publishing, 1999
`
`A. Authentication
`44. Exhibits 1034, 1134, and 1234 (each including the same reference
`
`“Grier”) contains excerpts from a monograph book titled “Wireless LANs:
`
`Implementing Interoperable Networks,” First Edition authored by Jim Geier,
`
`copyright 1999 by the publisher Macmillan Technical Publishing. In order to
`
`authenticate Exhibit 1034/1134/1234, I secured a print copy of the book. The book
`
`was in a condition that left no doubt about its authenticity. The pages were securely
`
`within the cover and no pages were missing. After examining the condition of the
`
`book, I turned to the title page and the verso of the title page. I confirmed that this
`
`was the First Edition of the book titled “Wireless LANs: Implementing Interoperable
`
`18
`
`

`

`Networks” authored by Jim Geier that was copyrighted by Macmillan Technical
`
`Publishing in 1999. Also on the verso of the title page, I found the Library of
`
`Congress Control Number (LCCN) of 98-85489. The Library of Congress provides
`
`a service where publishers send advanced copies of books to the Library of Congress
`
`staff. The staff assign a Library of Congress Control Number. The first part of the
`
`number is the year the book was received. The number after the dash is an accession
`
`number based on the number of books received that year. Exhibit 1034/1134/1234
`
`was received by the Library of Congress in 1998 and it was the 85,489th book given
`
`an LCCN number during that year.
`
`45. When I examined Exhibit 1034/1134/1234, I found the International
`
`Standard Book Number (ISBN) number of 1-57870-081-7. ISBN identifiers are
`
`unique numeric identifiers that are placed in books in order to identify exact editions.
`
`If a new book is issued, it must include a different ISBN. This includes format as
`
`well as content changes. If content changes or if a different binding (i.e., paperback)
`
`is created, a new ISBN mu