`
`Poeze, et al.
`In re Patent of:
`U.S. Patent No.: 10,258,265
`Issue Date:
`April 16, 2019
`Appl. Serial No.: 16/212,440
`Filing Date:
`December 6, 2018
`Title:
`MULTI-STREAM DATA COLLECTION SYSTEM FOR
`NON-INVASIVE MEASUREMENT OF BLOOD
`CONSTITUENTS
`
`Attorney Docket No.: 50095-0006IP1
`
`
`Mail Stop Patent Board
`Patent Trial and Appeal Board
`U.S. Patent and Trademark Office
`P.O. Box 1450
`Alexandria, VA 22313-1450
`
`
`DECLARATION OF JACOB ROBERT MUNFORD
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`1
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`APPLE 1038
`Apple v. Masimo
`IPR2020-01520
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`1. My name is Jacob Robert Munford. I am over the age of 18, have personal
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`knowledge of the facts set forth herein, and am competent to testify to the
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`same.
`
`2. I earned a Master of Library and Information Science (MLIS) from the
`
`University of Wisconsin-Milwaukee in 2009. I have over ten years of
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`experience in the library/information science field. Beginning in 2004, I
`
`have served in various positions in the public library sector including
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`Assistant Librarian, Youth Services Librarian and Library Director. I have
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`attached my Curriculum Vitae as Appendix A.
`
`3. During my career in the library profession, I have been responsible for
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`materials acquisition for multiple libraries. In that position, I have cataloged,
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`purchased and processed incoming library works. That includes purchasing
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`materials directly from vendors, recording publishing data from the material
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`in question, creating detailed material records for library catalogs and
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`physically preparing that material for circulation. In addition to my
`
`experience in acquisitions, I was also responsible for analyzing large
`
`collections of library materials, tailoring library records for optimal catalog
`
`1
`
`2
`
`
`
`search performance and creating lending agreements between libraries
`
`during my time as a Library Director.
`
`
`4. I am fully familiar with the catalog record creation process in the library
`
`sector. In preparing a material for public availability, a library catalog record
`
`describing that material would be created. These records are typically
`
`written in Machine Readable Catalog (herein referred to as “MARC”) code
`
`and contain information such as a physical description of the material,
`
`metadata from the material’s publisher, and date of library acquisition. In
`
`particular, the 008 field of the MARC record is reserved for denoting the
`
`date of creation of the library record itself. As this typically occurs during
`
`the process of preparing materials for public access, it is my experience that
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`an item’s MARC record indicates the date of an item’s public availability.
`
`
`5. Typically, in creating a MARC record, a librarian would gather various bits
`
`of metadata such as book title, publisher and subject headings among others
`
`and assign each value to a relevant numerical field. For example, a book’s
`
`physical description is tracked in field 300 while title/attribution is tracked in
`
`field 245. The 008 field of the MARC record is reserved for denoting the
`
`creation of the library record itself. As this is the only date reflecting the
`
`inclusion of said materials within the library’s collection, it is my experience
`
`
`
`2
`
`3
`
`
`
`that an item’s 008 field accurately indicates the date of an item’s public
`
`availability.
`
`6. This declaration is being drafted as of March 2021. Public and university
`
`libraries in my area have been closed for months due to the COVID-19
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`pandemic. My state, Pennsylvania, has a travel advisory, which has affected
`
`my ability to travel. In my experience, library catalog records are accurate
`
`descriptions of a library’s collection and my lack of physical access to
`
`libraries at this time creates no doubt in my determinations of authenticity
`
`or availability of the exhibits noted below.
`
`7. I have reviewed Exhibit 1024, a copy of an article entitled “Measurement
`
`Site and Photodetector Size Considerations in Optimizing Power
`
`Consumption of a Wearable Reflectance Pulse Oximeter” by Y. Mendelson
`
`and C. Pujary as published in the Proceedings of the 25th Annual
`
`International Conference of the IEEE Engineering in Medicine and Biology
`
`Society, September 17 – 21, 2003 (hereinafter referred to as “2003 IEEE
`
`conference publication”).
`
`8. Attached hereto as Appendix MENDELSON01 is a true and correct copy of
`
`the MARC record for the 2003 IEEE conference publication, as held by the
`
`3
`
`4
`
`
`
`Pennsylvania State University’s library. I secured this record myself from
`
`the library’s public catalog.
`
`
`9. The MARC record contained within Appendix MENDELSON01 accurately
`
`describes the title, author, publisher, and ISBN number of the 2003 IEEE
`
`conference publication. In comparing the listed fields in Appendix
`
`MENDELSON01 to Exhibit 1024, it is my determination that Exhibit 1024
`
`is a true and correct copy of the “Measurement Site and Photodetector Size
`
`Considerations in Optimizing Power Consumption of a Wearable
`
`Reflectance Pulse Oximeter” article, and that the copy of the 2003 IEEE
`
`conference publication in Pennsylvania State University’s library includes
`
`the article in Exhibit 1024.
`
`
`10. The 008 field of the MARC record noted on page 1 of Appendix
`
`MENDELSON01 indicates that the 2003 IEEE conference publication was
`
`first cataloged by the Pennsylvania State University’s library as of February
`
`4, 2004. Based on this information and considering the dates of the
`
`conference, it is my determination that the 2003 IEEE conference
`
`publication, which included the article published as Exhibit 1024, was made
`
`available to the public by the Pennsylvania State University at least as of
`
`February 4, 2004.
`
`
`
`4
`
`5
`
`
`
`
`11. I have reviewed Exhibit 1016, a copy of an article entitled “A Wearable
`
`Reflectance Pulse Oximeter for Remote Physiological Monitoring” by Y.
`
`Mendelson, R. J. Duckworth, and G. Comtois, as published in the
`
`Proceedings of the 28th Annual International Conference of the IEEE
`
`Engineering in Medicine and Biology Society, August 30 – September 3,
`
`2006 (hereinafter referred to as “2006 IEEE conference publication”).
`
`
`12. Attached hereto as Appendix MENDELSON02 is a true and correct copy of
`
`the MARC record for the 2006 IEEE conference publication, as held by
`
`Cornell University’s library. I secured this record myself from the library’s
`
`public catalog.
`
`
`13. The MARC record contained within Appendix MENDELSON02 accurately
`
`describes the title, author, publisher, and ISBN number of the 2006 IEEE
`
`conference publication. In comparing the listed fields in Appendix
`
`MENDELSON02 to Exhibit 1016, it is my determination that Exhibit 1016
`
`is a true and correct copy of the “A Wearable Reflectance Pulse Oximeter
`
`for Remote Physiological Monitoring” article, and that the copy of the 2006
`
`IEEE conference publication in Cornell University’s library includes the
`
`article in Exhibit 1016.
`
`
`
`5
`
`6
`
`
`
`
`14. The 008 field of the MARC record noted on page 1 of Appendix
`
`MENDELSON02 indicates that the 2006 IEEE conference publication was
`
`first cataloged by Cornell University’s library as of December 26, 2007.
`
`Based on this information and considering the dates of the conference, it is
`
`my determination that the 2006 IEEE conference publication, which
`
`included the article published as Exhibit 1016, was made available to the
`
`public by Cornell University at least as of December 26, 2007.
`
`
`
`15. Additionally, I accessed a copy of the 2006 IEEE conference publication
`
`through the Pennsylvania State University’s online library catalog portal.
`
`
`
`16. Attached hereto as Appendix MENDELSON06 is a true and correct copy of
`
`the catalog entry for the 2006 IEEE conference publication as maintained by
`
`the Pennsylvania State University. I secured this record myself from the
`
`library’s public catalog.
`
`
`
`17. Attached hereto as Appendix MENDELSON07 is a true and correct copy of
`
`the table of contents for the 2006 IEEE conference publication. I secured this
`
`record, as provided by the Pennsylvania State University’s library through
`
`
`
`6
`
`7
`
`
`
`the catalog entry for the 2006 IEEE conference publication as shown in
`
`Appendix MENDELSON06, myself.
`
`
`
`18. I have reviewed Appendix MENDELSON10, a copy of an article entitled “A
`
`Wearable Reflectance Pulse Oximeter for Remote Physiological
`
`Monitoring” by Y. Mendelson, R. J. Duckworth, and G. Comtois, as
`
`published in the 2006 IEEE conference publication. I obtained this document
`
`using the table of contents for the 2006 IEEE conference publication as
`
`shown in Appendix MENDELSON07.
`
`
`
`19. Attached hereto as Appendix MENDELSON05 is a true and correct copy of
`
`the MARC record for the 2006 IEEE conference publication, as held by the
`
`Pennsylvania State University’s library in its online catalog indicated by the
`
`catalog entry as shown in Appendix MENDELSON06. The Pennsylvania
`
`State University’s online library catalog entry as shown in Appendix
`
`MENDELSON06 directs the user to the IEEE’s online repository, IEEE
`
`Xplore. I secured this record myself from the library’s public catalog
`
`through the table of contents listing as captured in Appendix
`
`MENDELSON07.
`
`
`
`
`
`7
`
`8
`
`
`
`20. The MARC record contained within Appendix MENDELSON05 accurately
`
`describes the title, author, publisher, and ISBN number of the 2006 IEEE
`
`conference publication. In comparing the listed fields in Appendix
`
`MENDELSON05 to Appendix MENDELSON10, it is my determination
`
`that (1) Appendix MENDELSON10 is a true and correct copy of the “A
`
`Wearable Reflectance Pulse Oximeter for Remote Physiological
`
`Monitoring” article by Y. Mendelson, R. J. Duckworth, and G. Comtois, as
`
`published in the 2006 IEEE conference publication, and (2) that the digital
`
`copy of the 2006 IEEE conference publication in the Pennsylvania State
`
`University’s library catalog includes the article in Appendix
`
`MENDELSON10 and is the same as the “A Wearable Reflectance Pulse
`
`Oximeter for Remote Physiological Monitoring” article by Y. Mendelson, R.
`
`J. Duckworth, and G. Comtois, as published in the 2006 IEEE conference
`
`publication that is made publicly available by the Pennsylvania State
`
`University through the IEEE’s online repository IEEE Xplore.
`
`
`
`21. The 008 field of the MARC record noted on page 1 of Appendix
`
`MENDELSON05 indicates that the 2006 IEEE conference publication was
`
`first cataloged by the Pennsylvania State University’s library as of
`
`December 26, 2007. Based on this information and considering the dates of
`
`
`
`8
`
`9
`
`
`
`the conference, it is my determination that the 2006 IEEE conference
`
`publication, which included the article published as Appendix
`
`MENDELSON10, was made available to the public by the Pennsylvania
`
`State University through its online catalog at least as of December 26, 2007.
`
`
`
`22. In comparing the listed fields in Appendix MENDELSON02 to Appendix
`
`MENDELSON05 and comparing Exhibit 1016 to Appendix
`
`MENDELSON10, it is my determination that both of Exhibit 1016 and
`
`Appendix MENDELSON10 are true and correct copies of the article entitled
`
`“A Wearable Reflectance Pulse Oximeter for Remote Physiological
`
`Monitoring” by Y. Mendelson, R. J. Duckworth, and G. Comtois, as
`
`published in the 2006 IEEE conference publication.
`
`
`
`23. Based on this information, it is my determination that both of Exhibit 1016
`
`and Appendix MENDELSON10 are true and correct copies of the article
`
`entitled “A Wearable Reflectance Pulse Oximeter for Remote Physiological
`
`Monitoring” by Y. Mendelson, R. J. Duckworth, and G. Comtois, as
`
`published in the 2006 IEEE conference publication, and that the 2006 IEEE
`
`conference publication containing Exhibit 1016 was cataloged and made
`
`
`
`9
`
`10
`
`
`
`available to the public by Cornell University at least as of December 26,
`
`2007.
`
`
`
`24. Based on this information, it is my determination that both of Exhibit 1016
`
`and MENDELSON10 are true and correct copies of the article entitled “A
`
`Wearable Reflectance Pulse Oximeter for Remote Physiological
`
`Monitoring” by Y. Mendelson, R. J. Duckworth, and G. Comtois, as
`
`published in the 2006 IEEE conference publication, and that the 2006 IEEE
`
`conference publication containing Exhibit 1016 was cataloged and made
`
`available to the public by the Pennsylvania State University through its
`
`online catalog at least as of December 26, 2007.
`
`
`
`25. I have reviewed Appendix MENDELSON12, a copy of an article entitled “A
`
`Wearable Reflectance Pulse Oximeter for Remote Physiological
`
`Monitoring” by Y. Mendelson, R. J. Duckworth, and G. Comtois, as
`
`published in the 2006 IEEE conference publication. I secured this record
`
`myself from the IEEE’s online repository, IEEE Xplore.
`
`
`
`26. In comparing Appendix MENDELSON12 with Exhibit 1016, it is my
`
`determination that both of Appendix MENDELSON12 and Exhibit 1016 are
`
`
`
`10
`
`11
`
`
`
`true and correct copies of the “A Wearable Reflectance Pulse Oximeter for
`
`Remote Physiological Monitoring” article by Y. Mendelson, R. J.
`
`Duckworth, and G. Comtois, as published in the 2006 IEEE conference
`
`publication by the IEEE.
`
`
`
`27. I have reviewed Appendix COMTOIS04, a copy of an article entitled “A
`
`noise reference input to an adaptive filter algorithm for signal processing in
`
`a wearable pulse oximeter” by G. Comtois and Y. Mendelson, as published
`
`in the Proceedings of the 2007 IEEE 33rd Annual Northeast Bioengineering
`
`Conference, March 10 – 11, 2007 (hereinafter referred to as “2007 IEEE
`
`conference publication”). I secured this copy of the 2007 IEEE conference
`
`publication through the Pennsylvania State University’s online library
`
`catalog portal.
`
`
`
`28. Attached hereto as Appendix COMTOIS02 is a true and correct copy of the
`
`catalog entry for the 2007 IEEE conference publication as maintained by the
`
`Pennsylvania State University. I secured this record myself from the
`
`library’s public catalog.
`
`
`
`
`
`11
`
`12
`
`
`
`29. Attached hereto as Appendix COMTOIS03 is a true and correct copy of the
`
`table of contents for the 2007 IEEE conference publication. I secured this
`
`record, as provided by the Pennsylvania State University’s library through
`
`the catalog entry for the 2007 IEEE conference publication as shown in
`
`Appendix COMTOIS02, myself.
`
`
`
`30. Attached hereto as Appendix COMTOIS01 is a true and correct copy of the
`
`MARC record for the 2007 IEEE conference publication, as held by the
`
`Pennsylvania State University’s library in its online catalog. I secured this
`
`record myself from the library's public catalog through the table of contents
`
`listing as captured in COMTOIS03.
`
`
`
`31. The MARC record contained within Appendix COMTOIS01 accurately
`
`describes the title, author, publisher, and ISBN number of the 2007 IEEE
`
`conference publication. In comparing the listed fields in Appendix
`
`COMTOIS01 to COMTOIS04, it is my determination that COMTOIS04 is a
`
`true and correct copy of the “A noise reference input to an adaptive filter
`
`algorithm for signal processing in a wearable pulse oximeter” article, and
`
`that the copy of the 2007 IEEE conference publication in the Pennsylvania
`
`State University’s library includes the article in COMTOIS04.
`
`
`
`12
`
`13
`
`
`
`
`
`32. The 008 field of the MARC record noted on page 1 of Appendix
`
`COMTOIS01 indicates that the 2007 IEEE conference publication was first
`
`cataloged by the Pennsylvania State University’s library as of January 24,
`
`2007. Based on this information and considering the dates of the conference,
`
`it is my determination that the 2007 IEEE conference publication, which
`
`included the article published as Appendix COMTOIS04, was made
`
`available to the public by the Pennsylvania State University at least as of
`
`January 24, 2007.
`
`
`
`33. Attached hereto as Appendix COMTOIS05 is a true and correct copy of the
`
`MARC record for the 2007 IEEE conference publication, as held by
`
`University of Wyoming’s library in its online catalog. I secured this record
`
`myself from the library's public catalog.
`
`
`
`34. The MARC record contained within Appendix COMTOIS05 accurately
`
`describes the title, author, publisher, and ISBN number of the 2007 IEEE
`
`conference publication. In comparing the listed fields in Appendix
`
`COMTOIS05 to COMTOIS04, it is my determination that the copy of the
`
`
`
`13
`
`14
`
`
`
`2007 IEEE conference publication in University of Wyoming’s library
`
`includes the article in COMTOIS04.
`
`
`
`35. The 008 field of the MARC record noted on page 1 of Appendix
`
`COMTOIS05 indicates that the 2007 IEEE conference publication was first
`
`cataloged by University of Wyoming’s library as of January 24, 2007. Based
`
`on this information and considering the dates of the conference, it is my
`
`determination that the 2007 IEEE conference publication, which included
`
`the article published as COMTOIS04, was made available to the public by
`
`University of Wyoming at least as of January 24, 2007.
`
`
`
`36. In reviewing the listed citations at page 2 of COMTOIS04, it is my
`
`determination that the “A noise reference input to an adaptive filter
`
`algorithm for signal processing in a wearable pulse oximeter” article cites
`
`the article entitled “A Wearable Reflectance Pulse Oximeter for Remote
`
`Physiological Monitoring” by Y. Mendelson, R. J. Duckworth, and G.
`
`Comtois, as published in the 2006 IEEE conference publication. As noted
`
`above in paragraphs 18 – 20, I have also determined that Exhibit 1016 and
`
`MENDELSON10 are true and correct copies of the article entitled “A
`
`Wearable Reflectance Pulse Oximeter for Remote Physiological
`
`
`
`14
`
`15
`
`
`
`Monitoring” by Y. Mendelson, R. J. Duckworth, and G. Comtois, as
`
`published in the 2006 IEEE conference publication. Accordingly, it is my
`
`determination that the 2006 IEEE conference publication containing Exhibit
`
`1016 would have been publicly available at least as early as the publication
`
`date of the 2007 IEEE conference publication: January 24, 2007.
`
`
`
`37. I have reviewed COMTOIS10, a copy of an article entitled “A Comparative
`
`Evaluation of Adaptive Noise Cancellation Algorithms for Minimizing
`
`Motion Artifacts in a Forehead-Mounted Wearable Pulse Oximeter” by G.
`
`Comtois, Y. Mendelson, and P. Ramuka, as published in the Proceedings of
`
`the 29th Annual International Conference of the IEEE EMBS Cité
`
`Internationale, Lyon, France, August 23 – 26, 2007 (hereinafter referred to
`
`as “2007 IEEE EMBS conference publication”).
`
`
`
`38. I obtained a copy of the 2007 IEEE EMBS conference publication through
`
`the Pennsylvania State University’s online library catalog portal.
`
`
`
`39. Attached hereto as Appendix COMTOIS06 is a true and correct copy of the
`
`catalog entry for the 2007 IEEE EMBS conference publication as
`
`
`
`15
`
`16
`
`
`
`maintained by the Pennsylvania State University. I secured this record
`
`myself from the library’s public catalog.
`
`
`
`40. Attached hereto as Appendix COMTOIS07 is a true and correct copy of the
`
`table of contents for the 2007 IEEE EMBS conference publication. I secured
`
`this record, as provided by the Pennsylvania State University’s library
`
`through the catalog entry for the 2007 IEEE EMBS conference publication
`
`as shown in Appendix COMTOIS06, myself.
`
`
`
`41. Attached hereto as Appendix COMTOIS08 is a true and correct copy of the
`
`MARC record for the 2007 IEEE EMBS conference publication, as held by
`
`the Pennsylvania State University’s library in its online catalog. I secured
`
`this record myself from the library's public catalog through the table of
`
`contents listing as captured in COMTOIS07.
`
`
`
`42. The MARC record contained within Appendix COMTOIS08 accurately
`
`describes the title, author, publisher, and ISBN number of the 2007 IEEE
`
`EMBS conference publication. In comparing the listed fields in Appendix
`
`COMTOIS08 to COMTOIS10, it is my determination that COMTOIS10 is a
`
`true and correct copy of the “A Comparative Evaluation of Adaptive Noise
`
`
`
`16
`
`17
`
`
`
`Cancellation Algorithms for Minimizing Motion Artifacts in a Forehead-
`
`Mounted Wearable Pulse Oximeter” article, and that the copy of the 2007
`
`IEEE EMBS conference publication in the Pennsylvania State University’s
`
`library includes the article in COMTOIS10.
`
`
`
`43. The 008 field of the MARC record noted on page 1 of Appendix
`
`COMTOIS08 indicates that the 2007 IEEE EMBS conference publication
`
`was first cataloged by the Pennsylvania State University’s library as of June
`
`5, 2008. Based on this information and considering the dates of the
`
`conference, it is my determination that the 2007 IEEE EMBS conference
`
`publication, which included the article published as COMTOIS10, was made
`
`available to the public by the Pennsylvania State University at least as of
`
`June 5, 2008.
`
`
`
`44. Attached hereto as Appendix COMTOIS09 is a true and correct copy of the
`
`MARC record for the 2007 IEEE EMBS conference publication, as held by
`
`Library of Congress in its online catalog. I secured this record myself from
`
`the Library’s public catalog.
`
`
`
`
`
`17
`
`18
`
`
`
`45. The MARC record contained within Appendix COMTOIS09 accurately
`
`describes the title, author, publisher, and ISBN number of the 2007 IEEE
`
`EMBS conference publication. In comparing the listed fields in Appendix
`
`COMTOIS09 to COMTOIS10, it is my determination that the copy of the
`
`2007 IEEE EMBS conference publication in the Library of Congress
`
`includes the article in COMTOIS10.
`
`
`
`46. The 008 field of the MARC record noted on page 1 of Appendix
`
`COMTOIS09 indicates that the 2007 IEEE EMBS conference publication
`
`was first cataloged by the Library of Congress as of June 5, 2008. Based on
`
`this information and considering the dates of the conference, it is my
`
`determination that the 2007 IEEE EMBS conference publication, which
`
`included the article published as COMTOIS10, was made available to the
`
`public by the Library of Congress at least as of June 5, 2008.
`
`
`
`47. In reviewing the listed citations at page 4 of COMTOIS10, it is my
`
`determination that the “A Comparative Evaluation of Adaptive Noise
`
`Cancellation Algorithms for Minimizing Motion Artifacts in a Forehead-
`
`Mounted Wearable Pulse Oximeter” article cites the article entitled “A
`
`Wearable Reflectance Pulse Oximeter for Remote Physiological
`
`
`
`18
`
`19
`
`
`
`Monitoring” by Y. Mendelson, R. J. Duckworth, and G. Comtois, as
`
`published in the 2006 IEEE conference publication. As noted above in
`
`paragraphs 18 – 20, I have also determined that Exhibit 1016 and Appendix
`
`MENDELSON10 are true and correct copies of the article entitled “A
`
`Wearable Reflectance Pulse Oximeter for Remote Physiological
`
`Monitoring” by Y. Mendelson, R. J. Duckworth, and G. Comtois, as
`
`published in the 2006 IEEE conference publication. Accordingly, it is my
`
`determination that the 2006 IEEE conference publication containing Exhibit
`
`1016 would have been publicly available at least as early as the publication
`
`date of the 2007 IEEE EMBS conference publication, June 5, 2008.
`
`
`48. I have reviewed Exhibit 1015, a copy of an article entitled “Design and
`
`Evaluation of a New Reflectance Pulse Oximeter Sensor” by Y. Mendelson,
`
`et al., as published in the Journal of the Association for the Advancement of
`
`Medical Instrumentation, Vol. 22, No. 4, 1988 (hereinafter referred to as
`
`“1988 publication”).
`
`
`49. Attached hereto as Appendix MENDELSON03 is a true and correct copy of
`
`the MARC record for the 1988 publication held by the Pennsylvania State
`
`University’s library. I secured this record myself from the library’s public
`
`catalog.
`
`
`
`19
`
`20
`
`
`
`
`50. The MARC record contained within Appendix MENDELSON03 accurately
`
`describes the title, author, publisher, and ISSN number of the Journal of the
`
`Association for the Advancement of Medical Instrumentation. The 949 field
`
`of a MARC record is used for institution-specific notations and the 949
`
`fields of this MARC record indicate the Pennsylvania State University’s
`
`issue level holdings for the Journal of the Association for the Advancement
`
`of Medical Instrumentation, demonstrating that the Pennsylvania State
`
`University’s collection contains volumes 17 – 22. These journal holdings
`
`clearly include Volume 22, No. 4, which corresponds to the 1988
`
`publication. In comparing the listed fields in Appendix MENDELSON03 to
`
`Exhibit 1015, it is my determination that Exhibit 1015 is a true and correct
`
`copy of the “Design and Evaluation of a New Reflectance Pulse Oximeter
`
`Sensor” article, and that the copy of the 1988 publication in Pennsylvania
`
`State University’s library includes the article in Exhibit 1015.
`
`
`51. The 008 field of the MARC record noted on page 1 of Appendix
`
`MENDELSON03 indicates that the Journal of the Association for the
`
`Advancement of Medical Instrumentation was first cataloged by the
`
`Pennsylvania State University’s library as of August 8, 1983. The 362 field
`
`of the MARC record indicates Pennsylvania State University’s acquisition of
`
`
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`20
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`21
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`
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`this material ceased as of Vol. 22, No. 6. Based on this information, it is my
`
`determination that the 1988 publication, which included the article published
`
`as Exhibit 1015, was made available to the public by the Pennsylvania State
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`University shortly after initial publication in August 1988.
`
`
`52. I have reviewed Exhibit 1022, a technical document entitled QuickSpecs:
`
`HP iPAQ Pocket PC hd150 Series, Version 3, November 20, 2003
`
`(hereinafter referred to as “2003 iPAQ Spec.”)
`
`
`53. Attached hereto as Appendix QUICKSPECS01 is a true and correct copy of
`
`the 2003 iPAQ Spec. as a PDF file entitled ‘iPaq_4150_quick-specs.pdf’. I
`
`secured this copy myself from
`
`ftp://ftp.abcdata.com.pl/HP/Ipaq/Retired%20Products/h4150/iPaq_4150_qui
`
`ck_specs.pdf. In comparing Appendix QUICKSPECS01 to Exhibit 1022, it
`
`is my determination that Exhibit 1022 is a true and correct copy of the 2003
`
`iPAQ Spec.
`
`
`54. Attached hereto as Appendix QUICKSPECS02 is a true and correct copy of
`
`the FTP file tree for the website hosting the 2003 iPAQ Spec. I secured this
`
`record myself from
`
`ftp://ftp.abcdata.com.pl/HP/Ipaq/Retired%20Products/h4150/. FTP is a web
`
`
`
`21
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`22
`
`
`
`technology that allows the transfer of files without the need for a formal
`
`webpage. FTP software autogenerates a file tree for each file offered and
`
`logs the date of creation within that file tree. The entry for
`
`‘iPaq_4150_quick-specs.pdf’ indicates this file was uploaded to this FTP
`
`server as of November 20, 2003. As such, it is my determination that the
`
`2003 iPAQ Spec. in Exhibit 1022 was available to the public on the Internet
`
`via this FTP server at least as of November 20, 2003.
`
`
`55. I have been retained on behalf of the Petitioner to provide assistance in the
`
`above-illustrated matter in establishing the authenticity and public
`
`availability of the documents discussed in this declaration. I am being
`
`compensated for my services in this matter at the rate of $100.00 per hour
`
`plus reasonable expenses. My statements are objective, and my
`
`compensation does not depend on the outcome of this matter.
`
`
`56. I declare under penalty of perjury that the foregoing is true and correct. 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 the knowledge that
`
`willful false statements and the like so made are punishable by fine or
`
`
`
`22
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`23
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`
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`imprisonment, or both, under Section 1001 of Title 18 of the United States
`
`Code.
`
`
`
`Dated: 3/30/2021
`
`
`
`Jacob Robert Munford
`
`
`
`
`
`
`
`
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`
`
`23
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`24
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`
`
`APPENDIX A
`APPENDIX A
`
`25
`
`
`
`Appendix A - Curriculum Vitae
`
`Education
`
`University of Wisconsin-Milwaukee - MS, Library & Information Science, 2009
`Milwaukee, WI
`● Coursework included cataloging, metadata, data analysis, library systems,
`management strategies and collection development.
`● Specialized in library advocacy and management.
`
`
`Grand Valley State University - BA, English Language & Literature, 2008
`Allendale, MI
`● Coursework included linguistics, documentation and literary analysis.
`● Minor in political science with a focus in local-level economics and
`government.
`
`
`Professional Experience
`
`Researcher / Expert Witness, October 2017 – present
`Freelance
`Pittsburgh, Pennsylvania
`● Material authentication and public accessibility determination. Declarations
`of authenticity and/or public accessibility provided upon research
`completion. Depositions provided on request.
`● Research provided on topics of public library operations, material
`publication history, digital database services and legacy web resources.
`● Past clients include Apple, Fish & Richardson, Erise IP, Baker Botts and
`other firms working in patent law.
`
`
`
`Library Director, February 2013 - March 2015
`Dowagiac District Library
`Dowagiac, Michigan
`● Executive administrator of the Dowagiac District Library. Located in
`Southwest Michigan, this library has a service area of 13,000, an annual
`
`26
`
`
`
`operating budget of over $400,000 and total assets of approximately
`$1,300,000.
`● Developed careful budgeting guidelines to produce a 15% surplus during the
`2013-2014 & 2014-2015 fiscal years.
`● Using this budget surplus, oversaw significant library investments including
`the purchase of property for a future building site, demolition of existing
`buildings and building renovation projects on the current facility.
`● Led the organization and digitization of the library's archival records.
`● Served as the public representative for the library, developing business
`relationships with local school, museum and tribal government entities.
`● Developed an objective-based analysis system for measuring library services
`- including a full collection analysis of the library's 50,000+ circulating
`items and their records.
`
`
`
`November 2010 - January 2013
`Librarian & Branch Manager, Anchorage Public Library
`Anchorage, Alaska
`● Headed the 2013 Anchorage Reads community reading campaign including
`event planning, staging public performances and creating marketing
`materials for mass distribution.
`● Co-led the social media department of the library's marketing team, drafting
`social media guidelines, creating original content and instituting long-term
`planning via content calendars.
`● Developed business relationships with The Boys & Girls Club, Anchorage
`School District and the US Army to establish summer reading programs for
`children.
`
`
`June 2004 - September 2005, September 2006 - October 2013
`Library Assistant, Hart Area Public Library
`Hart, MI
`● Responsible for verifying imported MARC records and original MARC
`cataloging for the local-level collection as well as the Michigan Electronic
`Library.
`● Handled OCLC Worldcat interlibrary loan requests & fulfillment via
`ongoing communication with lending libraries.
`
`27
`
`
`
`
`Professional Involvement
`
`Alaska Library Association - Anchorage Chapter
`● Treasurer, 2012
`
`
`Library Of Michigan
`● Level VII Certification, 2008
`● Level II Certification, 2013
`
`
`Michigan Library Association Annual Conference 2014
`● New Directors Conference Panel Member
`
`
`Southwest Michigan Library Cooperative
`● Represented the Dowagiac District Library, 2013-2015
`
`
`
`Professional Development
`
`Library Of Michigan Beginning Workshop, May 2008
`Petoskey, MI
`● Received training in cataloging, local history, collection management,
`children’s literacy and reference service.
`
`
`Public Library Association Intensive Library Management Training, October 2011
`Nashville, TN
`● Attended a five-day workshop focused on strategic planning, staff
`management, statistical analysis, collections and cataloging theory.
`
`
`Alaska Library Association Annual Conference 2012 - Fairbanks, February 2012
`Fairbanks, AK
`● Attended seminars on EBSCO advanced search methods, budgeting,
`cataloging, database usage and marketing.
`
`28
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`
`
`APPENDIX COMTOIS01
`APPENDIX COMTOIS01
`
`29
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`
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`Pet meites
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`OP yountiect
`
`Catalog
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`screenshot-catalog.libraries.psu.edu-2021.03.29-1900_28
`https.//catalog.libraries.psu.edu/catalog/20027490/marc_view
`29.03.2021
`
`Keyword
`
`*
`
`Search...
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`MARC View
`
`Advanced search Start Over
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`elses
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`
`LEADER 01048nam a22002532 4500
`001 20027490
`003 SIRSI
`005 20170314130250.0
`oo6md tt” ”
`oo7 crn
`008 07012452007uuUUnju sll] ||| 2leng|d
`
`a| 88646567
`010
`020.
`ai9781424410323 _
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`a| 1424410320 (Trade Paper) c| USD 340.00 Retail Price (Publisher) 9| Active Record
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`7
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`7
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`a| 07CH37