UNITED STATES PATENT AND TRADEMARK OFFICE
`_________________________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`_________________________
`
`
`CISCO SYSTEMS, INC.,
`APPLE INC.,
`HEWLETT PACKARD ENTERPRISE CO.,
` ARUBA NETWORKS, LLC
`
`Petitioners,
`
`- vs. -
`
`BILLJCO, LLC,
`
`Patent Owner.
`_________________________
`
`
`Case IPR2022-00427
`
`U.S. Patent No. 10,292,011
`
`_________________________
`
`
`DECLARATION OF INGRID HSIEH-YEE, PH.D.
`
`
`
`
`
`
`
`Exhibit 1012
`IPR2022-0427
`Page 1 of 75
`
`
`_________________________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`_________________________
`
`
`CISCO SYSTEMS, INC.,
`APPLE INC.,
`HEWLETT PACKARD ENTERPRISE CO.,
` ARUBA NETWORKS, LLC
`
`Petitioners,
`
`- vs. -
`
`BILLJCO, LLC,
`
`Patent Owner.
`_________________________
`
`
`Case IPR2022-00427
`
`U.S. Patent No. 10,292,011
`
`_________________________
`
`
`DECLARATION OF INGRID HSIEH-YEE, PH.D.
`
`
`
`
`
`
`
`Exhibit 1012
`IPR2022-0427
`Page 1 of 75
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`
`
`I.
`
`TABLE OF CONTENTS
`
`Introduction .................................................................................................. 3
`
`A. Qualifications and Professional Experience ........................................ 3
`
`B.
`
`C.
`
`D.
`
`Scope of This Declaration ................................................................ 10
`
`Person of Ordinary Skills in the Arts ................................................ 12
`
`Evidence Considered in Forming My Opinions ................................ 13
`
`II.
`
`Authentication and Public Availability of Lorincz (Ex. 1006) .................... 15
`
`A. Authentication .................................................................................. 15
`
`B.
`
`C.
`
`D.
`
`E.
`
`F.
`
`G.
`
`H.
`
`Linda Hall Library Copy .................................................................. 17
`
`Linda Hall Library Records .............................................................. 19
`
`British Library Records .................................................................... 23
`
`Public Availability Date Confirmation Letter of the British Library . 26
`
`Records of Stanford University Libraries ......................................... 29
`
`Citation Records for Lorincz ............................................................ 32
`
`Summary of My Opinion on Lorincz ................................................ 33
`
`III. Conclusion ................................................................................................. 34
`
`
`
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`
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`
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`2
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`Exhibit 1012
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`Page 2 of 75
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`I.
`
`Introduction
`
`I, Ingrid Hsieh-Yee, Ph.D., do hereby declare as follows:
`
`1.
`
`I have personal knowledge of all of the matters about which I testify in
`
`this declaration.
`
`2.
`
`I have been retained as an independent expert witness on behalf of
`
`Cisco Systems, Inc., Apple Inc., Hewlett Packard Enterprise Co., and Aruba
`
`Networks LLC for proceedings before the United States Patent and Trademark
`
`Office (“PTO”) regarding the authenticity and public availability of a certain prior
`
`art reference in relation to US Patent No. 10,292,011.
`
`3.
`
`I am being compensated for my work in this matter at my customary
`
`hourly rate. I am also being reimbursed for any reasonable 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.
`
`A. Qualifications and Professional Experience
`
`4. My complete qualifications and professional experience are described
`
`in my academic curriculum vitae (Appendix A). The following is a brief summary
`
`of my relevant qualifications and professional experience.
`
`5.
`
`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
`
`
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`3
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`Page 3 of 75
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`professor for more than 30 years. I hold a Ph.D. in Library and Information Studies
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`from the University of Wisconsin-Madison and a Masters in Library and Information
`
`Studies from the University of Wisconsin-Madison.
`
`6.
`
`I am an expert on library cataloging and classification and have
`
`published two editions on this subject, Organizing Audiovisual and Electronic
`
`Resources for Access: A Cataloging Guide (2000 and 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, Metadata, Internet Searches and Web
`
`Design, Information Literacy Instruction, Advanced Information Retrieval and
`
`Analysis Strategies, and The Information Professions in Society. I am familiar with
`
`metadata schema design and implementation. In my teaching I have covered the
`
`design and implementation of metadata in libraries, databases, search engines,
`
`digital repositories, digital libraries, and digital archives. I have also covered how
`
`information organization affects the discovery and access to digital resources on the
`
`Internet. My research interests cover cataloging and classification, information
`
`organization, metadata, information retrieval, information architecture, digital
`
`collections, scholarly communication, social media, user
`
`interaction with
`
`information systems, and others.
`
`
`
`4
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`7.
`
`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 reasonably rely upon MARC records when forming their opinions.
`
`8.
`
`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 VII to X of “Understanding MARC Bibliographic:
`
`Machine-Readable Cataloging”
`
`(http://www.loc.gov/marc/umb/um07to10.html)
`
`from the Library of Congress. Understanding MARC Bibliographic was originally
`
`published by the Follett Software Co. and copyrighted in 1988. Editions in 1989,
`
`1990, 1994, 1998, 2000, 2003 and 2009 include changes. The latest edition was
`
`copyrighted in 2009. This document 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 subjects are
`
`recorded in the 650 fields.
`
`
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`5
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`9.
`
`The Online Computer Library Center (OCLC)
`
`is
`
`the
`
`largest
`
`bibliographic network of the world, with more than 517 million records (as of July
`
`2021) and thousands of member institutions (many of which are libraries of some
`
`type) in more than 100 countries. OCLC was founded in 1967 to promote and
`
`support library cooperation. According to the “Third Article, Amended Articles of
`
`Incorporation of OCLC Online Computer Library Center, Inc.,” OCLC was created
`
`“to establish, maintain and operate a computerized library network and to promote
`
`the evolution of library use, of libraries themselves, and of librarianship, and to
`
`provide processes and products for the benefit of library users and libraries,
`
`including such objectives as increasing availability of library resources to individual
`
`library patrons and reducing the rate of rise of library per-unit costs, all for the
`
`fundamental public purpose of furthering ease of access to and use of the ever-
`
`expanding body of worldwide scientific, literary and educational knowledge and
`
`information” (source: https://www.oclc.org/content/dam/oclc/membership/articles-
`
`of-incorporation.pdf).
`
`10. 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
`
`
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`6
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`automatically generate a code for the date of record creation in the yymmdd format,
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`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).
`
`11. After a MARC record is created in Connexion, it also becomes
`
`searchable and viewable on WorldCat, which is a free web portal for users to explore
`
`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. Thus, the information stored in MARC records in Connexion
`
`is available to the interested public through the user-friendly WorldCat web portal.
`
`12. WorldCat (http://www.worldcat.org) is “the world’s largest network of
`
`library content and services” and its features are summarized in “What is WorldCat”
`
`(http://www.worldcat.org/whatis/default.jsp). WorldCat began operation in January
`
`1998 as a free web portal to more than 10,000 library collections worldwide.
`
`Through WorldCat, users can search for information resources 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
`
`
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`7
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`efficient way to explore the collections held by more than 10,000 libraries around
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`the world. WorldCat is publicly accessible, and there is no fee to perform a search
`
`on WorldCat.
`
`13. Library online catalogs gained acceptance in the early 1980s and many
`
`libraries migrated their systems to the World Wide Web in the mid-1990s. 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 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.
`
`14. Libraries create MARC records for works they acquire, including
`
`books, serials, motion pictures, and publications in other formats. Monograph
`
`
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`8
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`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 can create original cataloging records or use an
`
`existing record in OCLC to create a copy cataloging record. As soon as the
`
`cataloging record is completed, it is added to the library’s online catalog for users.
`
`If the record is an original record, it is also entered into the OCLC system. If it is a
`
`copy cataloging record, the library’s holding symbol is attached to the existing
`
`original record in the OCLC system to facilitate searching and interlibrary loan.
`
`15. Conference proceedings can be cataloged as monographs or serials,
`
`depending on a library’s policy. Libraries usually choose to catalog conference
`
`proceedings as monographs because records for monographs are easier for users to
`
`discover and understand, and access to individual conference proceedings becomes
`
`easier. Once a record for a conference proceedings is found, users can find the title,
`
`conference name, subjects, and related contributors clearly identified in the record
`
`and the call number will enable users to access the desired title quickly. Conference
`
`proceedings cataloged as monographs are treated as regular monographs, and the
`
`newly cataloged monographs typically become publicly accessible soon after the
`
`cataloging work is completed, usually within a week. When conferences have the
`
`same conference name over time and are held on a regular basis, libraries may
`
`choose to catalog the proceedings of such conferences as serials. This means that
`
`
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`9
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`only one serial record is created for all the proceedings of a named conference, and
`
`no individual records are created for newly published conference proceedings. This
`
`approach saves cataloging time, and newly received conference proceedings are
`
`made available for user access soon after serial check-in, usually within one week.
`
`16.
`
`I am personally familiar with many online catalogs, databases, and
`
`search engines. In preparing for this declaration, I used the following authoritative
`
`information systems to search for records:
`
`• Google Scholar (https://scholar.google.com)
`
`• Online catalog of the British Library (http://explore.bl.uk/)
`
`• Online catalog of the Linda Hall Library (https://catalog.lindahall.org/)
`
`• Online catalog of the Stanford University Libraries
`
`(https://searchworks.stanford.edu)
`
`• WorldCat (free for public access on the Web) (https://www.worldcat.org)
`
`B.
`
`17.
`
`Scope of This Declaration
`
`I have been asked to offer an opinion on the authenticity and public
`
`availability date of the following document:
`
`Lorincz K., & Welsh M., (2005), MoteTrack: A Robust, Decentralized
`
`Approach to RF-Based Location Tracking, in Strang T., & Linnhoff-
`
`Popien, C. (eds), Location- and Context-Awareness, LoCA 2005
`
`(Lecture Notes in Computer Science, vol. 3479), pp. 63-82, available
`
`
`
`10
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`Exhibit 1012
`IPR2022-0427
`Page 10 of 75
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`
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`from
`
`the
`
`publisher
`
`Springer
`
`at
`
`https://link.springer.com/chapter/10.1007/11426646_7, obtained on
`
`October 19, 2021, Ex. 1006 (“Lorincz”).
`
`18.
`
`I am rendering my expert opinion on the authenticity of the document
`
`referenced herein and on whether it was published. I will provide my opinion on
`
`when and how this document was publicly disseminated or otherwise made publicly
`
`available to the extent that persons interested and ordinarily skilled in the subject
`
`matter or art, exercising reasonable diligence, could have located and retrieved these
`
`documents
`
`19.
`
`I am informed by counsel that an item is considered authentic if there
`
`is sufficient evidence to support a finding that the item is what it is claimed to be. I
`
`am also informed that authenticity can be established based on the contents of the
`
`document itself, such as the appearance, content, substance, internal patterns,
`
`protocols followed or other distinctive characteristics of the item.
`
`20.
`
`I am informed by counsel that a given reference is “published” if it is
`
`publicly accessible upon a satisfactory showing that such a document has been
`
`disseminated or otherwise made publicly available to the extent that persons
`
`interested and ordinarily skilled in the subject matter or art could locate it exercising
`
`reasonable diligence and obtain the document. I have also been informed by counsel
`
`that materials available in a library constitute “printed publications” if they are
`
`
`
`11
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`
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`cataloged and indexed according to general library practices and protocols that make
`
`the references available and accessible to members of the interested public.
`
`21.
`
`I have been informed by counsel that the ’011 patent was filed in the
`
`United States on September 28, 2018, and that it claims priority to an application
`
`filed on March 14, 2008. I have assessed public accessibility of the document
`
`referenced below as of this claimed priority date.
`
`C.
`22.
`
`Person of Ordinary Skills in the Arts
`I am told by counsel that the subject matter of this proceeding relates to
`
`mobile communication systems.
`
`23.
`
`I have been informed by counsel that a “person of ordinary skill in the
`
`art at the time of the inventions” (POSA) is a hypothetical person who is presumed
`
`to be familiar with the relevant field and its literature at the time of the inventions.
`
`This hypothetical person is also a person of ordinary creativity, capable of
`
`understanding the scientific principles and literature applicable to the pertinent field.
`
`24.
`
`I am told by counsel that persons of ordinary skill in this subject matter
`
`or art in the 2008 timeframe would have had at least a Bachelor’s Degree in
`
`Computer Engineering or Computer Science and two or more years of working
`
`experience. A higher level of education, such as a Masters of Computer Engineering
`
`or Computer Science, could substitute for work experience.
`
`
`
`12
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`25.
`
`It is my opinion that such a person would have been actively engaged
`
`in learning about the field, possibly through formal instruction through the
`
`bibliographic resources. By at least 2008 such a person would have had access to a
`
`vast array of print and electronic resources, including at least the documents
`
`referenced below.
`
`D. Evidence Considered in Forming My Opinions
`
`26.
`
`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) The document referenced above in Section I.B;
`
`(2) Library copy of Lorincz, obtained from the Linda Hall Library on
`
`October 14, 2021, Appendix 1006A;
`
`(3) Bibliographic and MARC records for Location- and Context-
`
`Awareness, LoCA 2005, that contains Lorincz, available from the
`
`online
`
`catalog
`
`of
`
`the
`
`Linda
`
`Hall
`
`Library
`
`at
`
`https://catalog.lindahall.org/permalink/01LINDAHALL_INST/19l
`
`da7s/alma994731293405961, accessed and obtained on October 14,
`
`2021, Appendix 1006B;
`
`
`
`13
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`(4) Bibliographic and MARC records for Location- and Context-
`
`Awareness, LoCA 2005, that contains Lorincz, available from the
`
`online
`
`catalog
`
`of
`
`the
`
`British
`
`Library
`
`at
`
`http://explore.bl.uk/BLVU1:LSCOP-ALL:BLL01013224300,
`
`accessed and obtained on October 17, 2021, Appendix 1006C;
`
`(5)
`
`Public Availability Date Confirmation Letter from the British
`
`Library on Location- and Context-Awareness, LoCA 2005, held by
`
`the British Library, obtained on October 23, 2021, Appendix
`
`1006D;
`
`(6) Bibliographic and MARC records for Location- and Context-
`
`Awareness, LoCA 2005, that contains Lorincz, available from the
`
`online catalog of
`
`the Stanford University Libraries at
`
`https://searchworks.stanford.edu/view/5987825,
`
`accessed
`
`and
`
`obtained on October 14, 2021, Appendix 1006E;
`
`(7) Early citations to Lorincz, obtained from Google Scholar, Appendix
`
`1006F.
`
`
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`14
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`II. Authentication and Public Availability of Lorincz (Ex. 1006)
`
`A. Authentication
`
`27. Ex. 1006 is a true and correct copy of “MoteTrack: A Robust,
`
`Decentralized Approach to RF-Based Location Tracking,” (“Lorincz”), by K.
`
`Lorincz and M. Welsh, published in Strang T., & Linnhoff-Popien, C. (eds),
`
`Location- and Context-Awareness, LoCA 2005 (Lecture Notes in Computer Science,
`
`vol. 3479), pp. 63-82. When I began preparing this declaration I searched WorldCat
`
`by
`
`the
`
`title
`
`of
`
`Lorincz for
`
`records,
`
`and
`
`one
`
`retrieved
`
`record
`
`(http://www.worldcat.org/oclc/993780890) showed that this article appeared in
`
`2005 in Location- and Context-Awareness, LoCA 2005, which is vol. 3479 of a series
`
`entitled Lecture Notes in Computer Science. The “Find a copy online” area of this
`
`WorldCat record showed eight links to Lorincz. I followed the first “SpringerLink”
`
`link and reached the publisher’s webpage for “Location- and Context-Awareness,
`
`First International Workshop, LoCA 2005, Oberpfaffenhofen, Germany, May 12-
`
`13, 2005. Proceedings” at https://link.springer.com/book/10.1007%2Fb136418.
`
`This webpage showed articles presented at the LoCA 2005 conference, and Lorincz
`
`was listed in the “Positioning Sensor Systems I” session. I followed the link to
`
`Lorincz at https://link.springer.com/chapter/10.1007/11426646_7, and purchased
`
`the article from the publisher Springer. This publisher’s copy together with the
`
`publisher’s webpage for this article is presented as Ex. 1006 in this declaration.
`
`
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`15
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`28. Ex. 1006 is a true and correct copy of Lorincz obtained from the
`
`publisher. Page 1 is the first page of Lorincz that shows the title, abstract and two
`
`authors affiliated with Harvard University. The footer of this page shows Lorincz
`
`appears in “T. Strang and C. Linnhoff-Popien (Eds.): LoCA 2005, LNCS 3479, pp.
`
`63-82, 2005” and the article has a “2005” copyright date with “Springer-Verlag
`
`Berlin Heidelberg” as the copyright holder. Ex. 1006 shows Lorincz has a total of
`
`20 pages, including eight sections, 13 figures (most of them color), and 22
`
`references.
`
`29.
`
` Pages 21 to 26 of Ex. 1006 are screenshots of the publisher’s webpage
`
`for Lorincz. Page 21 shows “MoteTrack: A Robust, Decentralized Approach to RF-
`
`Based Location Tracking” by Konrad Lorincz and Matt Welsh appears in
`
`“International Symposium on Location- and Context-Awareness … LoCA 2005:
`
`Location- and Context-Awareness, pp. 63-82,” and this volume of conference
`
`proceedings is “part of the Lecture Notes in Computer Science book series” that
`
`carries the number of “LNCS, volume 3479.” After the abstract, the webpage on
`
`page 22 shows five keywords, assigned by machine, to this article as “Mobile Node,”
`
`“Reference Signature,” “Receive Signal Strength Indication,” “Location Tracking,”
`
`and “Beacon Message.” Pages 23-25 show the 22 references cited by Lorincz and
`
`page 26 shows that this article has a “2005” copyright date with “Springer-Verlag
`
`Berlin Heidelberg” as the copyright holder. It also shows the DOI (digital object
`
`
`
`16
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`Exhibit 1012
`IPR2022-0427
`Page 16 of 75
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`
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`identifier) of Lorincz is https://doi.org/10.1007/11426646_7 and the publisher is
`
`“Springer, Berlin, Heidelberg.” This page also shows LoCA 2005 is available in print
`
`with an ISBN (International Standard Book Number) of “978-3-540-25896-4” and
`
`also available online with an ISBN of “978-3-540-32042-5.”
`
`30. This copy of Lorincz (Ex. 1006) is in a condition that creates no
`
`suspicion about its authenticity. Specifically, this copy is not missing any
`
`intermediate pages, the text on each page appears to flow seamlessly from one page
`
`to the next, and there are no visible alterations to the document. Moreover, Ex. 1006
`
`was found in the custody of the publisher, Springer, a place where, if authentic, it
`
`would likely be found. Accordingly, I see no reason to question the authenticity of
`
`this copy of Lorincz (Ex. 1006).
`
`B.
`
`Linda Hall Library Copy
`
`31. To determine the availability of Lorincz in libraries I searched
`
`WorldCat by “Location- and Context-Awareness, LoCA 2005” for records, and the
`
`retrieved record (http://www.worldcat.org/oclc/1204061058) showed that the Linda
`
`Hall Library held this conference proceedings. I searched their online catalog and
`
`the search result confirmed the holdings information, so I requested a copy of
`
`Lorincz from the Linda Hall Library Document Delivery Service and received the
`
`copy on October 14, 2021. This copy includes the Lorincz article and front matter
`
`of LoCA 2005. It is presented as Appendix 1006A in this declaration.
`
`
`
`17
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`Exhibit 1012
`IPR2022-0427
`Page 17 of 75
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`
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`32. Lorincz appears from pages 1 to 20 (internal pages [63]-83) of
`
`Appendix 1006A. I have closely compared the Linda Hall copy of Lorincz with the
`
`copy obtained from Spring and concluded that the content of these two copies is
`
`identical. One difference between the copies is that the Linda Hall copy is black and
`
`white, while the publisher’s copy contains some color figures. Another difference
`
`is the Linda Hall copy is a scanned copy of the print version of Lorincz whereas the
`
`Springer copy is electronic.
`
`33. The Linda Hall copy of Lorincz (Appendix 1006A) is in a condition
`
`that creates no suspicion about its authenticity. Specifically, this copy is not missing
`
`any intermediate pages, the text on each page appears to flow seamlessly from one
`
`page to the next, and there are no visible alterations to the document. Moreover,
`
`Appendix 1006A was found in the custody of a library, Linda Hall Library, a place
`
`where, if authentic, it would likely be found. I therefore see no reason to question
`
`the authenticity of the Linda Hall copy of Lorincz (Appendix 1006A).
`
`34. Pages 21 to 29 of Appendix 1006A provide information on the
`
`publication that contains Lorincz. Page 21 is the front cover that shows “Location-
`
`and Context-Awareness First
`
`International Workshop, LoCA
`
`2005,
`
`Oberpfaffenhofen, Germany, May 2005, Proceedings” as the title, Thomas Strang
`
`and Claudia Linnhoff-Popien as the editors, Springer as the publisher, and “LNCS
`
`3479” as the series title and number of this publication. Page 22 is the series title
`
`
`
`18
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`Exhibit 1012
`IPR2022-0427
`Page 18 of 75
`
`
`
`page that shows this publication is no. 3479 of the series entitled “Lecture Notes in
`
`Computer Science.” Page 23 is the title page that shows the same information on
`
`title, editors, and publisher as the cover. Page 24 is the copyright page that shows
`
`that this publication has a Library of Congress control number of “2005925756,” its
`
`10-digital ISBN is “3-540-25896-5,” its 13-digital ISBN is “978-3-540-25896-4,”
`
`and the series ISSN (International Standard Serial Number) is “0302-9743.” This
`
`page shows a “2005” copyright date for the publication with “Springer-Verlag” of
`
`Berlin Heidelberg as the copyright holder. The top of this page shows a hand-written
`
`call number of “QA76.5915 .L622 2005” for this publication. Page 25 is the preface
`
`that shows a library stamp of “Linda Hall Library, Kansas City, MO.” and the upper
`
`left corner shows “4/19/2006” as the date when this publication was cataloged and
`
`added to the library collection. The knowledge of this practice is based on my
`
`experience with the Linda Hall Library, its collections, and its staff. Pages 26 to 29
`
`(internal pages [ix] to xii) are the table of contents, and page 26 shows that Lorincz
`
`is part of the “Positioning Sensor Systems I” session of the conference and it appears
`
`from pages 63 to 82 in this publication.
`
`C. Linda Hall Library Records
`
`35. Appendix 1006B contain true and correct copies of the bibliographic
`
`and MARC records for “Location- and context-awareness : first international
`
`workshop, LoCA 2005, Oberpfaffenhofen, Germany, May 12-13, 2005
`
`:
`
`
`
`19
`
`Exhibit 1012
`IPR2022-0427
`Page 19 of 75
`
`
`
`proceedings” that contains Lorincz. I personally located, identified and obtained
`
`these records from the online catalog of the Linda Hall Library by searching by the
`
`conference name for records. These are the type of records experts in my field would
`
`reasonably rely upon when forming their opinions on the public availability of a
`
`document. I captured images of the bibliographic and MARC records to produce
`
`Appendix 1006B.
`
`36. Page 1 of Appendix 1006B is a brief library record that shows that
`
`“Location- and context-awareness : first international workshop, LoCA 2005,
`
`Oberpfaffenhofen, Germany, May 12-13, 2005 : proceedings” is identified by the
`
`Linda Hall Library as a “Conference Proceeding”. The record also shows that
`
`Thomas Strang and Claudia Linnhoff-Popien are the editors, and the conference
`
`name is LoCA 2005. The record shows that this publication is “Available at Linda
`
`Hall Library Books – 2nd Floor (QA76.5915 .L622 2005).” The detailed
`
`bibliographic record appears on pages 2 and 3 of Appendix 1006B showing the title,
`
`other titles, creator and contributors, subjects, identifiers, contents, series, publisher,
`
`creation date, format, general notes about this publication, and the ISBNs of this
`
`conference proceedings.
`
`37. The MARC record is presented on page 4 of Appendix 1006B. The
`
`first six digits of Field 008 show the MARC record was created on “050614” (i.e.,
`
`June 14, 2005). The “s2005” code follows the record creation date indicates the
`
`
`
`20
`
`Exhibit 1012
`IPR2022-0427
`Page 20 of 75
`
`
`
`publication has a single publication date of “2005.” Subfield “a” of Field 040 shows
`
`that “LWU” created the original MARC record, and subfield “d” shows “LHL”
`
`modified the original MARC record. According to the Directory of OCLC Members
`
`(https://www.oclc.org/en/contacts/libraries.html), “LWU” is the OCLC library
`
`symbol for the Waseda University Library of Japan, and “LHL” is the OCLC library
`
`symbol for the Linda Hall Library. Data from Fields 008 and 040 inform my opinion
`
`that the Waseda University Library created the first MARC record for LoCA 2005
`
`on June 14, 2005, and the Linda Hall Library later used the Waseda MARC record
`
`to create their copy cataloging record. Based on the hand-written date (“4/19/2006”)
`
`on the preface of Lorincz (page 25 of Appendix 1006A), it is my opinion that the
`
`Linda Hall Library created its copy cataloging record on April 19, 2006, and the
`
`physical copy would have been publicly accessible no later than April 26, 2006,
`
`which would be a week after the copy cataloging work was completed.
`
`38. Field 010 shows “2005925756” as the Library of Congress control
`
`number assigned to this publication. Fields 020 record the 10-digit ISBN
`
`(“3540258965”) and the 13-digit ISBN (“9783540258964”). The Library of
`
`Congress control number and the two ISBNs match the information presented on the
`
`copyright page of Lorincz (Ex. 1006).
`
`39. Field 111 shows that the Linda Hall Library used the authorized form
`
`of the conference name as the author of this publication. Field 245 shows the title
`
`
`
`21
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`Exhibit 1012
`IPR2022-0427
`Page 21 of 75
`
`
`
`and other title information of this publication, Fields 246 show “Location and
`
`context awareness” and “LoCA 2005” are provided as variant titles to help users
`
`discover this publication. Field 260 shows that Springer of Berlin is the publisher
`
`and this publication carries a “2005” copyright date. Field 300 shows the front matter
`
`ends on page xii and the last numbered page is page 378. Fields 490 and 830 show
`
`this publication is number 3479 of the series, Lecture notes in computer science. The
`
`first Field 500 shows a note from the Preface stating “the material summarized in
`
`this volume was selected for the 1st International Workshop on Location- and
`
`Context-Awareness (LoCA 2005) held in cooperation with the 3rd International
`
`Conference on Pervasive Computing 2005” (the screenshot captured part of the text
`
`in the Field 500 note). Field 530 shows this publication is also “issued online.” Fields
`
`700 show the two editors are provided in the MARC record as additional access
`
`points to help interested users discover this title. Field 710 shows the Pervasive
`
`Conference is also provided as an additional access point.
`
`40. Subjects of this publication are represented in Field 090 by a Library of
`
`Congress Classification (LCC) number of “QA76.5915” that represents “Ubiquitous
`
`computing” of “Digital computers.” Subjects are also represented by six Library of
`
`Congress subject headings in Fields 650, using “Ubiquitous computing $x Data
`
`processing” (“$x” indicates a topical subdivision), “Mobile communication systems
`
`$x Data processing,” “Mobile computing $x Data process
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