UNITED STATES PATENT AND TRADEMARK OFFICE
`__________
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`__________
`LENOVO (UNITED STATES) INC.
`Petitioner
`
`v.
`
`LITL LLC
`Patent Owner
`
`__________
`
`IPR Case No. IPR2021-00822
`U.S. Patent No. 8,624,844
`__________
`
`DECLARATION OF LILIANA NUNEZ IN SUPPORT OF
`PETITION FOR INTER PARTES REVIEW
`UNDER 35 U.S.C. §311 ET SEQ. AND 37 C.F.R. §42.100 ET
`SEQ. (CLAIMS 1-16 and 18-22 OF U.S. PATENT NO. 8,624,844)
`
`Lenovo EX-1052, Page 001
`IPR2021-00822 (Lenovo Inc. v. LiTL LLC.)
`
`

`

`Declaration of Liliana Nunez
`My name is Liliana Nunez. I am a Library Clerk at Sheppard Mullin Richter and
`1.
`Hampton LLP. As a Library Clerk, my duties include updating databases and files, and research,
`and information retrieval. If called as a witness, I could and would competently testify to all facts
`within my personal knowledge except where stated upon information and belief.
`The book, Windows XP home Edition: The Missing Manual (2nd Edition),
`2.
`identified by ISBN-10 059600897X, is available at the library of the University of California,
`San Diego (“UCSD”), according to that library’s online catalog. Attached hereto as Exhibit A is
`a true and correct copy of a printout of UCSD’s online library catalog regarding this book. On
`April 8, 2021, I contacted the UCSD library through their online “Contact Us” form (available at
`https://ucsd.libanswers.com/), regarding the date of availability at the library of Windows XP
`Home Edition: The Missing Manual (2nd Edition), identified by ISBN-13 9780596008970
`(which corresponds to ISBN-10 059600897X). On April 9, 2021, UCSD Librarian Deborah
`Kegel responded to my inquiry by email, stating that the item record for the book was first
`created on January 28, 2005 and the book was cataloged by October 11, 2005. Attached hereto
`as Exhibit B is a true and correct copy of my correspondence with Ms. Kegel described above.
`
` I
`
`
`
`
` declare under the penalty of perjury under the laws of the United States of America that
`the foregoing is true and correct. I understand that willful false statements are punishable by fine
`or imprisonment or both (18 U.S.C. § 1001).
`
`Executed on April 30, 2021 in Los Angeles, California.
`
`
`
`
`
`
`/Liliana Nunez/
`Liliana Nunez
`
`
`
`
`
`
`
`
`-1-
`
`
`
`
`
`Lenovo EX-1052, Page 002
`IPR2021-00822 (Lenovo Inc. v. LiTL LLC.)
`
`

`

`EXHIBIT A
`
`Lenovo EX-1052, Page 003
`IPR2021-00822 (Lenovo Inc. v. LiTL LLC.)
`
`

`

`4/28/2021
`
`UC San Diego /All Collec
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`
`RECORD #
`
` All Collections
` b4815980
` Only Show Available Items (Check box, then click Search)
`
` Search
`
`Title
`
`Author
`Published
`Edition
`
`Windows XP home edition : the missing manual /
`David Pogue
`Pogue, David, 1963-
`Sebastopol, Calif. ; Farnham : Pogue Press/O'Reilly, 2004
`New ed
`
`Search In
`Circuit (SD Libraries)
`
`Melvyl
`Google Books
`HathiTrust
`
`Location
` Books, Geisel Floor1
`East
`
`Call Number
` QA76.76.O63 P645 2004
`
`Status
` AVAILABLE
`
`Request
`Request
`
`Description
`612 pages : illustrations ; 24 cm
`Content Type text
`Format
`volume
`Note(s)
`Previous ed.: 2002
`Includes index
`Also issued online
`Microsoft Windows (Computer file)
`
`Subject(s)
`
`ISBN
`LCCN
`
`059600897X
`2005281430
`
`Permanent link for this record:
`http://roger.ucsd.edu/record=b4815980~S9
`
`Report an error with this record
`
`For assistance please call the Library at (858) 534-0134
`
`roger.ucsd.edu/record=b4815980~S9
`
`1/2
`
`Lenovo EX-1052, Page 004
`IPR2021-00822 (Lenovo Inc. v. LiTL LLC.)
`
`

`

`4/28/2021
`
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`
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`
`2/2
`
`Lenovo EX-1052, Page 005
`IPR2021-00822 (Lenovo Inc. v. LiTL LLC.)
`
`

`

`EXHIBIT B
`
`Lenovo EX-1052, Page 006
`IPR2021-00822 (Lenovo Inc. v. LiTL LLC.)
`
`

`

`From:
`To:
`Subject:
`
`Date:
`
`Ask Us - UC San Diego Library Help
`Liliana Nunez
`[Reference and Research] Hello—I am currently searching for screenshots of a specific OCLC record (OCLC
`Number:1152553128 / ISBN 9780596008970-Windows XP Home Edition:
`Friday, April 9, 2021 1:24:12 PM
`
`--# Type your reply above this line #--
`
`Deborah Kegel
`Apr 09 2021, 01:23pm via System
`
`Lily:
`
`This is Deborah science & engineering reference librarian from UC San Diego
`following up on your question.
`
`Back in the late 1990's until 2005, UCSD's Science & Engineering Library had a
`blanket order for all print books published by O'Reilly. The item record for the print
`book, new edition 2005 was created on this date 01-28-2005, but the bibliographic
`record has a catalog date of 10-11-2005. I am not sure why it took 9 months to be
`cataloged or if it was re-cataloged in October 2005.
`Thinking back we might have sent all paperback books to be vinyl bound first before
`putting them on the shelf. So it may have been March 2005 before someone could
`have gotten to the print book at the S&E Library. It may have been as late as October
`2005 if it wasn't cataloged for some months - that happens sometimes that we have
`cataloging delays as some titles got overlooked and sat on the processing shelves in
`technical services..
`
`As a point of comparison, the original edition 2002 has a item record creation date of
`05-24-2002, but the catalog date is 05-10-2007, so that indicates to me that the
`catalogers, we-cataloged the book in 2007, likely overlaying the original record with a
`better one from OCLC.
`
`We also started a subscription to Safari in fiscal year 2003/2004 and had all the
`O'Reilly books as e-books (though I think the subscription was reduced to only the
`recent 5 years for a couple of years). By 2007, we had the entire set of "o"Reilly
`ebooks in our shared University of California Safari subscription. Last year, we
`switched over to their new product O'Reilly for Higher Education (OHE) and the
`catalogers removed the old e-book records for Safari and created entirely new ones
`for OHE, so the catalog date for the e-book individual titles no longer reflect when the
`e-book was cataloged and available to read online. Also cataloging of the e-books
`often lagged when our users could read the book in Safari so I would use the date
`that O'Reilly states for when the book was published.
`
`https://www.oreilly.com/library/view/windows-xp-pro/0596008988/ says the 2nd
`edition was Released November 2004.
`
`Lenovo EX-1052, Page 007
`IPR2021-00822 (Lenovo Inc. v. LiTL LLC.)
`
`

`

`Since UC's had a Safari subscription in November 2004, people at UC San Diego
`could access the e-book if the print was checked out.
`
`Thank you for using UCSD Ask A Librarian. Let me know if you need more help.
`
`Deborah Kegel
`Librarian for Computer Science, Electrical Engineering, Math, Physics & Astronomy
`UC San Diego Library http://library.ucsd.edu
`http://ucsd.libguides.com/ Subject & How-to library guides /Databases A-Z
`dkegel@ucsd.edu
`
`Original Question
`Apr 08 2021, 04:55pm via Widget
`
`Hello— I am currently searching for screenshots of a specific OCLC record (OCLC
`Number:1152553128 / ISBN 9780596008970-Windows XP Home Edition:
`Hello—
`
`I am currently searching for screenshots of a specific OCLC record (OCLC
`Number:1152553128 / ISBN 9780596008970-Windows XP Home Edition: The Missing
`Manual (2nd Edition)). I'm interest in one that shows that it was publicly available before
`April 1, 2008. Is this something you can assist me with?
`
`Thank you,
`Lily
`
`Thank you for using UC San Diego LibAnswers!
`
`This email is sent from Ask Us in relationship to ticket #7173324.
`
`Read our privacy policy.
`
`Lenovo EX-1052, Page 008
`IPR2021-00822 (Lenovo Inc. v. LiTL LLC.)
`
`