UNITED STATES PATENT AND TRADEMARK OFFICE
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`GOOGLE LLC,
`
`Petitioner,
`
`v.
`
`NEONODE SMARTPHONE LLC,
`
`Patent Owner.
`
`Case No. IPR2021-01041
`U.S. Patent No. 8,905,879
`
`Declaration of Kelley M. Hayes Greenhill
`
`Page 1 of 7
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`GOOGLE EXHIBIT 1019
`
`
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`GOOGLE LLC,
`
`Petitioner,
`
`v.
`
`NEONODE SMARTPHONE LLC,
`
`Patent Owner.
`
`Case No. IPR2021-01041
`U.S. Patent No. 8,905,879
`
`Declaration of Kelley M. Hayes Greenhill
`
`Page 1 of 7
`
`GOOGLE EXHIBIT 1019
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`
`
`
`
`I.
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`Declaration of Kelley M. Hayes Greenhill
`
`
`Introduction
`I have prepared this Declaration in connection with the Petition for
`1.
`
`Inter Partes Review of U.S. Patent No. (Petition), which I understand will be
`
`filed concurrently with this Declaration.
`
`2.
`
`I am currently the Manager of the Research & Information
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`Services team at Finnegan, Henderson, Farabow, Garrett & Dunner, LLP,
`
`located at 901 New York Avenue, NW, Washington, DC 20001-4413.
`
`3.
`
`I am over eighteen years of age, and I am competent to make this
`
`Declaration. I make this Declaration based on my own personal knowledge,
`
`and based on my knowledge of library science practices.
`
`4.
`
`I earned a Master of Science in Library Science from the Catholic
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`University of America in 1995, and a Bachelor of Arts in Political Science
`
`from Duquesne University in 1989. I have worked as a librarian for over
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`twenty-five years. I have been employed in the Research & Information
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`Services Department at Finnegan Henderson since 2019. Before that, from
`
`1995-2015, I was employed in the Library Department of Sterne Kessler
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`Goldstein & Fox. And from 2015-2019, I was employed in the Knowledge
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`and Research Service Group (formerly, Information Research Service) at
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`Northrop Grumman Corporation.
`
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`Page 2 of 9
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`GOOGLE EXHIBIT 1019
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`5.
`
`I am a member of the American Association of Law Libraries and
`
`Declaration of Kelley M. Hayes Greenhill
`
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`a member of the Law Librarians’ Society of Washington, DC.
`
`II.
`
`Standard Library Practice for Receiving, Cataloging, and Shelving
`Materials
`I have knowledge of and experience with standard library practices
`6.
`
`regarding the receipt, cataloging, and shelving of materials. I have knowledge
`
`of and experience with the Machine-Readable Cataloging (MARC) system
`
`libraries use to catalog materials.
`
`7.
`
`Based on standard library practice, when a library receives an item, it
`
`stamps the item with the library name and often with a date within a few days or
`
`weeks of receipt. The library will catalog the item within a few days or weeks of
`
`receiving it.
`
`8.
`
`By the mid-1970s, standard library practice involved cataloging
`
`items using the MARC system. The MARC system was developed during the
`
`1960s to standardize bibliographic records so they could be read by computers
`
`and shared among libraries. By the mid-1970s, MARC had become the
`
`international standard for bibliographic data. And it is still used today.
`
`9.
`
`After an item is cataloged, the public may access the item by
`
`searching the catalog and requesting the item from the library. Standard library
`
`practice is to then shelve the item within a few days or weeks of cataloging it.
`
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`Page 3 of 9
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`GOOGLE EXHIBIT 1019
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`10. Given the matter of a few days or weeks between receiving an
`
`Declaration of Kelley M. Hayes Greenhill
`
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`item and cataloging it, and the matter of a few days or weeks between
`
`cataloging an item and shelving it, the total time between receiving an item
`
`and shelving it is usually a matter of a couple of weeks or months.
`
`III. MARC Records
`11. Many libraries provide public access to their MARC records via the
`
`Internet and/or their electronic cataloging system at the library. In a MARC
`
`record, each field provides information about the cataloged item. MARC uses a
`
`simple three-digit numeric code (from 001-999) to identify each field in the
`
`record. For example, field 245 identifies the title of the work. Field 250 identities
`
`the edition number. Field 260 identifies publisher information. Field 020
`
`identifies the International Standard Book Number (ISBN) for a book. And field
`
`008 provides the date that the item was cataloged. The first six characters of field
`
`008 are always in the “YYMMDD” format.
`
`IV. MARC Records for Robertson
`12. Exhibit 1005 to the concurrently filed Petition is a true and
`
`correct copy of Robertson, G.G. Henderson Jr. D.A. & Card, S.K. (1991),
`
`Button as First Class Objects on an X Desktop. In UIST: PROCEEDINGS OF
`
`THE ACM SYMPOSIUM ON USER INTERFACE SOFTWARE AND
`
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`Page 4 of 9
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`GOOGLE EXHIBIT 1019
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`TECHNOLOGY, HILTON HEAD, SOUTH CAROLINA, USA,
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`Declaration of Kelley M. Hayes Greenhill
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`
`
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`NOVEMBER 11-13, 1991 (“Robertson”).
`
`13. Exhibit 1020 includes a true and accurate copy of the MARC record
`
`from the Washington Research Library Consortium (“WRLC”) for its copy of
`
`Robertson, downloaded from https://wrlc-
`
`gu.primo.exlibrisgroup.com/discovery/sourceRecord?vid=01WRLC_GUNIV:01
`
`WRLC_GUNIV&docId=alma9911002247004101&recordOwner=01WRLC_NE
`
`TWORK on May 26, 2021. (Ex-1020.)
`
`14.
`
`In this MARC record, the Main Entry-Meeting Name field 111
`
`lists the serial title as “Proceedings of the ACM Symposium on User Interface
`
`Software and Technology,” which is the same title found in the citation.
`
`(Ex-1020 at 1.) MARC field 362 indicates that this publication is part of a
`
`series, and corresponds to the 4th symposium, held November 11-13, 1991.
`
`(Ex-1020 at 1.) MARC field 530 denotes that this publication was available as
`
`“symposium papers,” as well as “PDF format,” and online. (Ex-1020 at 1.)
`
`15.
`
`In this MARC record, the date field 008 lists the first six
`
`characters “980224” in typical “YYMMDD” format, indicating that
`
`Robertson was first cataloged by the Washington Research Library
`
`Consortium on February 24, 1998. Based on standard library practices,
`
`Roberson would have been shelved and available to the public a few days or
`
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`Page 5 of 9
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`GOOGLE EXHIBIT 1019
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`
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`weeks after February 24, 1998. Standard library practices for cataloging also
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`Declaration of Kelley M. Hayes Greenhill
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`
`
`
`included making records searchable to the public.
`
`16. Exhibit 1021 is a true and accurate copy of the MARC record
`
`from the Library of Congress for its copy of Robertson, downloaded from
`
`https://catalog.loc.gov/vwebv/staffView?searchId=16367&recPointer=0&rec
`
`Count=25&bibId=11489112 on May 27, 2021. (Ex-1021.)
`
`17. This MARC record matches the copy of Robertson at least
`
`through the field 111 listing the title of “ACM Symposium on User Interface
`
`Software and Technology,” which is the same title in the citation, Robertson
`
`(Ex-1021.) The Library of Congress MARC fields 362 and 530 also match
`
`the records for Washington Research Library Consortium. (Ex-1021 at 2.)
`
`18.
`
`In this MARC record, the date field 008 lists the first six
`
`characters “930921” in typical “YYMMDD” format, indicating that
`
`Robertson was first cataloged by the Library of Congress on September 21,
`
`1993. (Ex-1021 at 1.) Based on standard library practices, Roberson would have
`
`been shelved and available to the public a few days or weeks after September 21,
`
`1993. Standard library practices for cataloging also included making records
`
`searchable to the public.
`
`19. The United States Copyright Office, a part of the Library of
`
`Congress, is the official U.S. government body that maintains records of
`
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`Page 6 of 9
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`GOOGLE EXHIBIT 1019
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`copyright registration in the United States including a Copyright Catalog. These
`
`Declaration of Kelley M. Hayes Greenhill
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`
`
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`records are publicly accessible and are routinely used by copyright title searchers
`
`who are attempting to clear a chain of title for copyrighted works.
`
`20. Exhibit 1022 is a true and accurate copy of the U.S. Copyright
`
`Office record for its copy of Robertson, downloaded from
`
`https://cocatalog.loc.gov/cgi-
`
`bin/Pwebrecon.cgi?v1=8&ti=1,8&Search%5FArg=Proceedings%20of%20the
`
`%20ACM%20Symposium%20on%20User%20Interface%20Software%20an
`
`d%20Technology&Search%5FCode=TALL&CNT=25&PID=S5YOB6rlECB
`
`6M_LEJD300IQpy&SEQ=20210527133326&SID=3 on May 27, 2021.
`
`(Ex-1022.)
`
`21. This record matches the copy of Robertson at least through the title
`
`field listing the application title as “Proceedings of the ACM Symposium on User
`
`Interface Software and Technology,” which is the same title in the citation,
`
`Robertson. The publication date of this title is listed as October 28, 1991, in the
`
`“Issues Registered” field. This is indicated by the “Serial Publication Year,”
`
`which is listed as 1991. (Ex-1022.)
`
`22. WorldCat is the world’s largest network of library content and
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`services with 510,084,822 bibliographic records from over 72,000 libraries as of
`
`February 2021. (Source: https://www.oclc.org/en/worldcat/inside-worldcat.html).
`
`
`Page 7 of 9
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`GOOGLE EXHIBIT 1019
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`An Online Computer Library Center (“OCLC”) number is a unique control
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`Declaration of Kelley M. Hayes Greenhill
`
`
`
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`number given to all bibliographic records in the WorldCat catalog. A search of
`
`the WorldCat catalog for “Proceedings of the ACM Symposium on User Interface
`
`Software and Technology” indicates that this series title is held at 169 libraries
`
`around the world (OCLC Control Number 28864712). (Ex-1023, available at
`
`https://www.worldcat.org/title/proceedings-of-the-acm-symposium-on-user-
`
`interface-software-and-technology/oclc/28864712.)
`
`23.
`
`In addition to the main series, which contains the citation to
`
`Robertson, a search of the WorldCat catalog for “Proceedings of the ACM
`
`Symposium on User Interface Software and Technology, Hilton Head, South
`
`Carolina, USA, November 11-13, 1991,” indicates that the stand-alone
`
`conference publication from the 1991 conference, containing the citation to
`
`Robertson, is held at 47 libraries around the world (OCLC Control Number
`
`270712133). (Ex-1024, available at https://www.worldcat.org/title/proceedings-
`
`of-the-acm-symposium-on-user-interface-software-and-technology-hilton-head-
`
`south-carolina-usa-november-11-13-1991/oclc/270712133.)
`
`V. Conclusion
`In signing this Declaration, I understand it will be filed as
`24.
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`evidence in a contested case before the Patent Trial and Appeal Board of the
`
`United States Patent and Trademark Office. I understand I may be subject to
`
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`Page 8 of 9
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`GOOGLE EXHIBIT 1019
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`Declaration ofKelley M. Hayes Greenhill
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`crCIss-examination in this sase and that cross-examination will take place
`
`within the United States- lf cross-exarnination is required of me, I will appear
`
`fcr cross-examination within the United States during the time allcffed for
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`cross-examiaation.
`25" I declare thatall statements ruade herein ofmy knowledge are true,
`
`that all statements made on information and belief are believed to be true, and
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`that these sfatements \ rere made with the knowledge that wiltrful false statements
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`and the like so rnade are punishabie by frae or impriscnment, cr both, under
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`Section 1001 of Title 18 cfthe United States Cade-
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`Executed on June 4,2021, in Washington, DC.
`
`Kelley M. Hayes Greenhill
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`Page 9 of9
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`GOOGLE EXHIBIT 1019
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