UNITED STATES PATENT AND TRADEMARK OFFICE
`
`
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`________________
`
`
`American Honda Motor Co., Inc.
`
`Petitioner,
`
`v.
`
`MicroPairing Technologies, LLC
`
`Patent Owner.
`________________
`
`
`
`
`DECLARATION OF SYLVIA D. HALL-ELLIS, PH.D.
`
`AHM, Exh. 1011, p. 1
`
`
`
`
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`________________
`
`
`American Honda Motor Co., Inc.
`
`Petitioner,
`
`v.
`
`MicroPairing Technologies, LLC
`
`Patent Owner.
`________________
`
`
`
`
`DECLARATION OF SYLVIA D. HALL-ELLIS, PH.D.
`
`AHM, Exh. 1011, p. 1
`
`
`
`I.
`
`INTRODUCTION
`1. My name is Sylvia D. Hall-Ellis. I have been retained as an expert by
`
`American Honda Motor Co., Inc., Petitioner.
`
`2.
`
`I have written this report at the request of American Honda Motor and
`
`its counsel Baker Botts to provide my expert opinion regarding the authenticity and
`
`public availability of several documents. My report sets forth my opinions in
`
`detail and provides the basis for my opinions regarding the public availability of
`
`these publications.
`
`3.
`
`I reserve the right to supplement or amend my opinions, and bases for
`
`them, in response any additional evidence, testimony, discovery, argument, and/or
`
`other additional information that may be provided to me after the date of this
`
`report.
`
`4.
`
`I am being compensated for my time spent working on this matter at
`
`my normal consulting rate of $325 per hour, plus reimbursement for any additional
`
`reasonable expenses. My compensation is not in any way tied to the content of this
`
`report, the substance of my opinions, or the outcome of this litigation. I have no
`
`other interests in this proceeding or with any of the parties.
`
`5.
`
`All of the materials that I considered are discussed explicitly in this
`
`declaration.
`
`1
`
`AHM, Exh. 1011, p. 2
`
`
`
`II. QUALIFICATIONS
`6.
`I am currently an Adjunct Professor in the School of Information at
`
`San José State University. I obtained a Master of Library Science from the
`
`University of North Texas in 1972 and a Ph.D. in Library and Information Science
`
`from the University of Pittsburgh in 1985. Over the last fifty years, I have held
`
`various positions in the field of library and information resources. I was first
`
`employed as a librarian in 1966 and have been involved in the field of library
`
`sciences since, holding numerous positions.
`
`7.
`
`I am a member of the American Library Association (ALA) and its
`
`Association for Library Collections & Technical Services (ALCTS) Division, and I
`
`served on the Committee on Cataloging: Resource and Description (which wrote
`
`the new cataloging rules) and as the chair of the Committee for Education and
`
`Training of Catalogers and the Competencies and Education for a Career in
`
`Cataloging Interest Group. I also served as the Chair of the ALCTS Division’s
`
`Task Force on Competencies and Education for a Career in Cataloging.
`
`Additionally, I have served as the Chair for the ALA Office of Diversity’s
`
`Committee on Diversity, as a member of the national Board of Directors for
`
`REFORMA, and as a member of the Editorial Board for the ALCTS premier
`
`cataloging journal, Library Resources and Technical Services. Currently I serve as
`
`2
`
`AHM, Exh. 1011, p. 3
`
`
`
`a Co-Chair for the Library Research Round Table of the American Library
`
`Association.
`
`8.
`
`I have also given over one hundred presentations in the field,
`
`including several on library cataloging systems and Machine-Readable Cataloging
`
`(“MARC”) standards. My current research interests include library cataloging
`
`systems, metadata, and organization of electronic resources.
`
`9. My full curriculum vitae is attached hereto as an Appendix to this
`
`report.
`
`III. LIBRARY CATALOGING PRACTICES
`10.
`I am fully familiar with the library cataloging standard known as the
`
`MARC standard, which is an industry-wide standard method of storing and
`
`organizing library catalog information.1 MARC was first developed in the 1960s
`
`by the Library of Congress. A MARC-compatible library is one that has a catalog
`
`consisting of individual MARC records for each of its items. Today, MARC is the
`
`primary communications protocol for the transfer and storage of bibliographic
`
`metadata in libraries.2
`
`
`
`1 The full text of the standard is available from the Library of Congress at
`http://www.loc.gov/marc/bibliographic/.
`2 Almost every major library in the world is MARC-compatible. See, e.g., MARC
`Frequently Asked Questions (FAQ), Library of Congress,
`
`3
`
`AHM, Exh. 1011, p. 4
`
`
`
`11. A MARC record comprises 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 follow. For example, a
`
`work’s title is recorded in field 245, the primary author of the work is recorded in
`
`field 100, an item’s International Standard Book Number (“ISBN”) is recorded in
`
`field 020, an item’s International Standard Serial Number (“ISSN”) is recorded in
`
`field 022, an item’s Library of Congress call number is recorded in field 050, and
`
`the publication date is recorded in field 260 under the subfield “c.” If a work is a
`
`periodical, then its publication frequency is recorded in field 310, and the
`
`publication dates (e.g., the first and last publication) are recorded in field 362,
`
`which is also referred to as the enumeration/chronology field.
`
`12. The library that created the record is recorded in field 040 in subfield
`
`“a” with a unique library code. When viewing the MARC record online via Online
`
`Computer Library Center’s (“OCLC”) bibliographic database, hovering over this
`
`
`
`https://www.loc.gov/marc/faq.html (last visited April 25, 2022) (“MARC is the
`acronym for MAchine-Readable Cataloging. It defines a data format that emerged
`from a Library of Congress-led initiative that began nearly fifty years ago. It
`provides the mechanism by which computers exchange, use, and interpret
`bibliographic information, and its data elements make up the foundation of most
`library catalogs used today.”). MARC is the ANSI/NISO Z39.2-1994 (reaffirmed
`2016) standard for Information Interchange Format.
`
`4
`
`AHM, Exh. 1011, p. 5
`
`
`
`code with the mouse reveals the full name of the library. I used this method of
`
`“mousing over” the library codes in the OCLC database to identify the originating
`
`library for the MARC records discussed in this report. Where this “mouse over”
`
`option was not available, I consulted the WorldCat® Registry in order to identify
`
`the institution that created the MARC record.3
`
`13. MARC records also include several fields that include subject matter
`
`classification information. An overview of MARC record fields is available
`
`through the Library of Congress.4 For example, 6XX fields are termed “Subject
`
`Access Fields.”5 Among these, for example, is the 650 field; this is the “Subject
`
`Added Entry – Topical Term” field.6 The 650 field is a “[s]ubject added entry in
`
`which the entry element is a topical term.” These entries “are assigned to a
`
`bibliographic record to provide access according to generally accepted thesaurus-
`
`building rules (e.g., Library of Congress Subject Headings (LCSH), Medical
`
`Subject Headings (MeSH)).” Further, MARC records include call numbers, which
`
`themselves include a classification number. For example, the 050 field is the
`
`
`
`3 http://www.worldcat.org/webservices/registry/Institutions
`4 http://www.loc.gov/marc/bibliographic/
`5 http://www.loc.gov/marc/bibliographic/bd6xx.html
`6 http://www.loc.gov/marc/bibliographic/bd650.html
`
`5
`
`AHM, Exh. 1011, p. 6
`
`
`
`“Library of Congress Call Number.”7 A defined portion of the Library of Congress
`
`Call Number is the classification number, and “source of the classification number
`
`is Library of Congress Classification and the LC Classification-Additions and
`
`Changes.” Thus, included in the 050 field is a subject matter classification. Each
`
`item in a library has a single classification number. A library selects a
`
`classification scheme (e.g., the Library of Congress Classification scheme just
`
`described or a similar scheme such as the Dewey Decimal Classification scheme)
`
`and uses it consistently. When the Library of Congress assigns the classification
`
`number, it appears as part of the 050 field. If a local library assigns the
`
`classification number, it appears in a 090 field. In either scenario, the MARC
`
`record
`
`includes a classification number
`
`that represents a subject matter
`
`classification.
`
`14. The 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,
`
`
`7 http://www.loc.gov/marc/bibliographic/bd050.html
`
`6
`
`AHM, Exh. 1011, p. 7
`
`
`
`literary and educational knowledge and information.” 8 Among other services,
`
`OCLC and its members are responsible for maintaining the WorldCat database,9
`
`used by independent and institutional libraries throughout the world.
`
`15. OCLC also provides its members online access to MARC records
`
`through its OCLC bibliographic database. When an OCLC member institution
`
`acquires a work, it creates a MARC record for this work in its computer catalog
`
`system in the ordinary course of its business. MARC records created at the Library
`
`of Congress are directly uploaded or may be tape-loaded into the OCLC database
`
`through a subscription to MARC Distribution Services daily or weekly. Once the
`
`MARC record is created by a cataloger at an OCLC member institution or is tape-
`
`loaded from a participating institution, the MARC record is then made available to
`
`any other OCLC members online, and therefore made available to the public.
`
`Accordingly, once the MARC record is created by a cataloger at an OCLC member
`
`institution or is tape-loaded from the Library of Congress or another library
`
`anywhere in the world, any publication corresponding to the MARC record has
`
`been cataloged and indexed according to its subject matter such that a person
`
`
`
`8 Third Article, Amended Articles of Incorporation of OCLC Online Computer
`Library Center, Incorporated (available at
`https://www.oclc.org/content/dam/oclc/membership/articles-of-incorporation.pdf).
`9 http://www.worldcat.org/
`
`7
`
`AHM, Exh. 1011, p. 8
`
`
`
`interested in that subject matter could, with reasonable diligence, locate and access
`
`the publication through any library with access to the OCLC bibliographic
`
`database or through the Library of Congress.
`
`16. When an OCLC member institution creates a new MARC record,
`
`OCLC automatically supplies the date of creation for that record. The date of
`
`creation for the MARC record appears in the fixed field (008), characters 00
`
`through 05. The MARC record creation date reflects the date on which, or shortly
`
`after which, the item was first acquired or cataloged. Initially, field 005 of the
`
`MARC record is automatically populated with the date the MARC record was
`
`created in year, month, day format (YYYYMMDD) (some of the newer library
`
`catalog systems also include hour, minute, second (HHMMSS)). Thereafter, the
`
`library’s computer system may automatically update the date in field 005 every
`
`time the library updates the MARC record (e.g., to reflect that an item has been
`
`moved to a different shelving location within the library). Field 005 is visible
`
`when viewing a MARC record via an appropriate computerized interface, but
`
`when a MARC record is printed to hardcopy, no “005” label appears. The initial
`
`field 005 date (i.e., the date the MARC record was created) does appear, however,
`
`next to the label “Entered.”10 The date upon which the most recent update to field
`
`
`10 In this report, I sometimes refer to the “Entered” entry as Field 008, characters
`00-05. Field 005 is visible when viewing a MARC record via an appropriate
`
`8
`
`AHM, Exh. 1011, p. 9
`
`
`
`005 occurred also appears, next to the label “Replaced.” Thus, when an item’s
`
`MARC record has been printed to hardcopy—as is the case with the exhibits to this
`
`report—the date reflected next to the label “Entered” is necessarily on or after the
`
`date the library first cataloged and indexed the underlying item.
`
`17. Once one library has cataloged and indexed a publication by creating
`
`a MARC record for that publication, other libraries that receive the publication do
`
`not create additional MARC records—the other libraries instead rely on the
`
`original MARC record. They may update or revise the MARC record to ensure
`
`accuracy, but they do not replace or duplicate it. This practice does more than save
`
`libraries from duplicating labor. It also enhances the accuracy of MARC records.
`
`Further, it allows librarians around the world to know that a particular MARC
`
`record is authoritative (in contrast, a hypothetical system wherein duplicative
`
`records were created would result in confusion as to which record is authoritative).
`
`18. The date of creation of the MARC record by a cataloger at an OCLC
`
`member institution reflects when the underlying item is accessible to the public.
`
`Upwards of two-thirds to three-quarters of book sales to libraries come from a
`
`jobber or wholesaler for online and print resources. These resellers make it their
`
`computerized interface. But when a MARC record is printed directly to hardcopy
`from the OCLC database, the “005” label is not shown. The date in the 005 field
`instead appears next to the label “Replaced.”
`
`
`
`9
`
`AHM, Exh. 1011, p. 10
`
`
`
`business to provide books to their customers as fast as possible, often providing
`
`turnaround times of only a single day after publication. Libraries purchase a
`
`significant portion of the balance of their books directly from publishers
`
`themselves, which provide delivery on a similarly expedited schedule. In general,
`
`libraries make these purchases throughout the year as the books are published and
`
`shelve the books as soon thereafter as possible in order to make the books available
`
`to their patrons. Thus, books are generally available at libraries across the country
`
`within just a few days of publication.
`
`19. Catalogers can create MARC records for all types of print, online, and
`
`digital resources. For example, MARC records cover serial publications, including
`
`both serially published monographs and journals. OCLC hosts MARC records for
`
`more than 320 million serial publications. Serial publications are those
`
`publications that have the same collective title but are intended to be continued
`
`indefinitely with enumeration such as a volume or issue number (e.g., magazines,
`
`journals, etc.). In the OCLC bibliographic database, the first issue or volume of
`
`the monographic serial is typically cataloged (i.e., a corresponding MARC record
`
`is created), but the date is left open-ended with the use of a punctuation mark such
`
`as a dash. MARC records for serial publications represent the entire run of the
`
`title. With knowledge of the first issue or volume published, future issues or
`
`volumes can be predicted based on the information provided in the MARC record,
`
`10
`
`AHM, Exh. 1011, p. 11
`
`
`
`for example in field 362. In my extensive professional experience, is it highly
`
`unusual for a library to stop collecting and shelving a serial publication prior to the
`
`time of its cessation. If a subscription to a serial publication ends or is cancelled,
`
`the library will denote that it has stopped receiving new issues or volumes by
`
`filling in the end date in the MARC record.
`
`20. The handling of printed journal subscriptions is shown on the covers
`
`of individual issues. As was the best practice among libraries, issues arrived at a
`
`central facility and were immediately received, verified as part of a subscription,
`
`checked in, and stamped with the institution’s name and date. Determining that the
`
`issue was part of the library subscription ensured that the entire set of publications
`
`for the year had been received so that they could be professionally bound and
`
`retained. This process also verified that each of the published issues arrived so that
`
`the library staff did not have to request or claim an issue that did not arrive as
`
`expected. In large public libraries with branches and multi-campus libraries within
`
`academic institutions, the journals were sorted and delivered to the subscribing
`
`unit. The issues were frequently stamped again to acknowledge receipt. The new
`
`issue was placed in the public area; the older issue was stored so that it remained
`
`available.
`
`21. The foregoing process has been standard library practice longer than I
`
`have been working in the profession. I first learned the steps in the process in the
`
`11
`
`AHM, Exh. 1011, p. 12
`
`
`
`late 1970s and later supervised it. Although the checking in process has become
`
`automated and now links electronically to holdings records for the MARC record
`
`for each serial title, the manual stamping and placing the issue in a public area has
`
`not changed for 50 years. Unless I note otherwise below in reference to a specific
`
`serial publication, it is my expert opinion that this standard protocol was followed
`
`for each of the serial publications discussed below.
`
`22.
`
`In preparing this report, I used authoritative databases, such as the
`
`OCLC bibliographic database, the Library of Congress Online Catalog, the
`
`Internet Archive, and digital repository ResearchGate, to confirm citation details of
`
`the various publications discussed.
`
`23.
`
`Internet Archive.11 The Internet Archive, a 501(c)(3) non-profit, is an
`
`online digital archive of Internet web sites and web pages and other cultural
`
`artifacts in digital form. Like a paper library, the Internet Archive provides free
`
`access to researchers, historians, scholars, the print disabled, and the general
`
`public. The organization’s mission is to provide Universal Access to All
`
`Knowledge.
`
`24. Established in 1996 by archiving the Internet itself, the Internet
`
`Archive features 20+ years of web history accessible through the Wayback
`
`Machine and more than 625 library and other partners through the Archive-
`
`
`11 https://archive.org/
`
`12
`
`AHM, Exh. 1011, p. 13
`
`
`
`It program to identify important web pages. As the Internet Archive grew, so did
`
`its commitment to provide digital versions of other published works. Currently, the
`
`Internet Archive includes approximately 330 billion web pages, 20 million books
`
`and texts, 4.5 million audio recordings (including 180,000 live concerts), 4
`
`million videos (including
`
`1.6 million Television News
`
`programs),
`
`3
`
`million images, and 200,000 software programs.
`
`25. The Internet Archive maintains an archive of webpages collected from
`
`the Internet using software called a crawler. Crawlers automatically create a
`
`snapshot of webpages as they existed at a certain point in time. The WayBack
`
`Machine is an application using a crawler created by the Internet Archive to search
`
`its archive of web page URLs and to represent, graphically, the date of each
`
`crawler capture. The Internet Archive captures data that is openly available to
`
`users of the Internet. Some sites are “not archived because they were password
`
`protected, blocked by robots.txt, or otherwise inaccessible to our automated
`
`systems. Site owners might have also requested that their sites be excluded from
`
`the WayBack Machine.”12 Many Internet Archive captures made by the WayBack
`
`Machine have a banner at the top with the capture date prominently displayed.
`
`Other dates when captures of the same URL have been made are indicated to the
`
`
`12 https://help.archive.org/hc/en-us/articles/360004716091-Wayback-Machine-
`General-Information
`
`13
`
`AHM, Exh. 1011, p. 14
`
`
`
`right and left of the date provided in the banner. Some captures may lack this
`
`banner. In any case, the URL for the capture begins with the identification of the
`
`Internet Archive page (e.g., http://web.archive.org/web/) followed by information
`
`that dates and time stamps the capture as follows: year in yyyy, month in mm, day
`
`in dd, time code in hh:mm:ss (e.g., 20071120082013, or November 20, 2007 at
`
`8:20:13 a.m.). These elements are then followed by the URL of the original
`
`capture site. When links are active, the WayBack Machine is programed to
`
`produce the archived file with the closest available date (not the closest available
`
`prior date) to the page upon which the link appeared and was clicked. I and other
`
`professionals in the field of library and information resources are familiar with the
`
`Internet Archive and the Wayback Machine. As previously noted, the Internet
`
`Archive and the Wayback Machine are among the types of information reasonably
`
`relied upon by experts in my field for the purposes of forming opinions or
`
`inferences on matters that are the subject of their work.13
`
`26. ResearchGate 14
`
` A European-based
`
`social networking site
`
`for
`
`scientists and researchers to share papers, ask and answer questions, and find
`
`
`
`13 For more information about the Internet Archive see
`https://help.archive.org/hc/en-us/articles/360004651732-Using-The-Wayback-
`Machine
`14 https://www.researchgate.net/
`
`14
`
`AHM, Exh. 1011, p. 15
`
`
`
`collaborators, ResearchGate is the largest academic social network in terms of
`
`active users, although other services have more registered users.
`
`27. Features available to ResearchGate members include following a
`
`research interest and the work of other individual participants, a blogging feature
`
`for users to write short reviews on peer-reviewed articles, private chat rooms for
`
`sharing data, editing documents, or discussing confidential topics, and a research-
`
`focused job board. ResearchGate indexes self-published information on user
`
`profiles and suggests members to connect with others who have similar
`
`interests. Member questions are fielded to others who have identified relevant
`
`expertise on their profiles.
`
`28. As of 2021, ResearchGate had more than 20 million scientists, with
`
`its largest user-bases coming from Europe and North America. Most of
`
`ResearchGate's users are involved in medicine, biology, engineering, computer
`
`science, agricultural sciences, and psychology.
`
`29.
`
`Indexing. A researcher may discover material relevant to his or her
`
`topic in a variety of ways. One common means of discovery is to search for
`
`relevant information in an index of periodical and other publications. Having
`
`found relevant material, the researcher will then normally obtain it online, look for
`
`it in libraries, or purchase it from the publisher, a bookstore, a document delivery
`
`service, or other provider. Sometimes, the date of a document’s public
`
`15
`
`AHM, Exh. 1011, p. 16
`
`
`
`accessibility will involve both indexing and library date information. However,
`
`date information for indexing entries is often unavailable. This is especially true
`
`for online indices.
`
`30.
`
`Indexing services use a wide variety of controlled vocabularies to
`
`provide subject access and other means of discovering the content of documents.
`
`The formats in which these access terms are presented vary from service to service.
`
`31. Online
`
`indexing
`
`services
`
`commonly provide bibliographic
`
`information, abstracts, and full-text copies of the indexed publications, along with
`
`a list of the documents cited in the indexed publication. These services also often
`
`provide lists of publications that cite a given document. A citation of a document
`
`is evidence that the document was publicly available and in use by researchers no
`
`later than the publication date of the citing document.
`
`32. Online indexing services such as commonly provide bibliographic
`
`information, abstracts, and full-text copies of the indexed publications, along with
`
`a list of the documents cited in the indexed publication. These services also often
`
`provide lists of publications that cite a given document.
`
`33. A citation of a document by another is evidence that the document
`
`was publicly available and in use no later than the publication date of the citing
`
`document.
`
`16
`
`AHM, Exh. 1011, p. 17
`
`
`
`IV. PRELIMINARIES
`34.
`Scope of this declaration. I am not an attorney and will not offer
`
`opinions on the law. I am, however, rendering my expert opinion on the
`
`authenticity of the documents referenced herein and when and how each of these
`
`documents was disseminated or otherwise made available to the extent that persons
`
`interested and ordinarily skilled in the subject matter or art, exercising reasonable
`
`diligence, could have located the documents before April 24, 2002.
`
`35.
`
`I am informed by counsel that a printed publication qualifies as
`
`publicly accessible as of the date it was disseminated or otherwise made available
`
`such that a person interested in and ordinarily skilled in the relevant subject matter
`
`could locate it through the exercise of ordinary diligence.
`
`36. While I understand that the determination of public accessibility under
`
`the foregoing standard rests on a case-by-case analysis of the facts particular to an
`
`individual publication, I also understand that a printed publication is rendered
`
`“publicly accessible” if it is cataloged and indexed by a library such that a person
`
`interested in the relevant subject matter could locate it exercising reasonable
`
`diligence (i.e., I understand that cataloging and indexing by a library in a manner
`
`that permits a person of ordinary skill in the relevant subject matter to locate the
`
`publication is sufficient, though there are other ways that a printed publication may
`
`qualify as publicly accessible). One manner of sufficient indexing is indexing
`
`17
`
`AHM, Exh. 1011, p. 18
`
`
`
`according to subject matter category. I understand that the cataloging and indexing
`
`by a single library of a single instance of a particular printed publication is
`
`sufficient, even if the single library is in a foreign country. I understand that, even
`
`if access to a library is restricted, a printed publication that has been cataloged and
`
`indexed therein is publicly accessible so long as a presumption is raised that the
`
`portion of the public concerned with the relevant subject matter would know of the
`
`printed publication. I also understand that the cataloging and indexing of
`
`information that would guide a person interested in the relevant subject matter to
`
`the printed publication, such as the cataloging and indexing of an abstract for the
`
`printed publication, is sufficient to render the printed publication publicly
`
`accessible.
`
`37.
`
`I understand that routine business practices, such as general library
`
`cataloging and indexing practices, can be used to establish an approximate date on
`
`which a printed publication became publicly accessible.
`
`38. Persons of ordinary skill in the art. I am told by counsel that the
`
`subject matter of this proceeding relates generally to relate to a method of handling
`
`processor failures that occur in a multi-processor system.
`
`39.
`
`I have been informed by counsel that a “person of ordinary skill in the
`
`art at the time of the invention” (POSITA) is a hypothetical person who is
`
`presumed to be familiar with the relevant field and its literature at the time of the
`
`18
`
`AHM, Exh. 1011, p. 19
`
`
`
`inventions. This hypothetical person is also a person of ordinary creativity,
`
`capable of understanding the scientific principles applicable to the pertinent field.
`
`40.
`
`I am told by counsel that persons of ordinary skill in this subject
`
`matter or art would have had at least a bachelor’s degree in electrical or computer
`
`engineering, or a closely related scientific field such as computer science, and two
`
`years of work experience with computing systems or related fields (e.g.,
`
`applications for control devices or embedded systems). A person with less or
`
`different education but more relevant practical experience, or vice versa, may also
`
`meet this standard.
`
`41.
`
` It is my opinion that such a person would have been engaged in
`
`research, learning through study and practice in the field and possibly through
`
`formal instruction the bibliographic resources relevant to his or her research. In the
`
`early 2000s such a person would have had access to a vast array of long-
`
`established print resources in development of methods, devices, or manuals,
`
`program manuals, computer systems, or presentations as well as to a rich set of
`
`online resources providing indexing information, abstracts, and full text services
`
`for development of methods, devices, or manuals related to wireless connection of
`
`devices.
`
`42. Based on my experience working
`
`in research
`
`libraries with
`
`researchers having the qualifications described above, or even lesser qualifications,
`
`19
`
`AHM, Exh. 1011, p. 20
`
`
`
`it is my opinion that such researchers would have been able to locate the material
`
`discussed herein on their own or with the assistance of a research librarian with
`
`relative ease using the tools and resources described herein.
`
`V.
`
`PUBLICATIONS
`A. Document 1: Exhibit 1005 (“Mishbahuddin”)
`43. Exhibit 1005 is a copy of the journal article “Fault Tolerant
`
`Distributed Architectures for in-Vehicular Networks” by Syed Misbahuddin and
`
`Nizar Al-Holou (hereafter “Misbahuddin”). The Misbahuddin article was
`
`published in Volume 110, Section 7 of the SAE International Journal of Passenger
`
`Cars: Electronic and Electrical Systems and was found in the Georgia Tech
`
`Library (Atlanta, Georgia). The Mishbahuddin article appears beginning on page
`
`277 of this issue dated 2001. Exhibit 1005 is a true and correct copy of the
`
`Mishbahuddin article (pages 77-281). Specifically, the text of the article is
`
`complete; no pages are missing, and the text on each page appears to flow
`
`seamlessly from one page to the next; further, there are no visible alterations to the
`
`document. The Mishbahuddin article is also available from the publisher,
`
`JSTOR,15 from the sponsoring organization, the Society of Automotive Engineers
`
`(SAE),16 and in the digital repository ResearchGate.17 The SAE website indicates a
`
`
`
`15 https://www.jstor.org/stable/44718335
`16 https://www.sae.org/publications/technical-papers/content/2001-01-0673/
`
`20
`
`AHM, Exh. 1011, p. 21
`
`
`
`publication date of March 5, 2001. Exhibit 1005 was found within the custody of a
`
`library – a place where an authentic copy of this journal would likely be. Exhibit
`
`1005 is a true and correct copy in a condition that creates no suspicion about its
`
`authenticity.
`
`44. Attached hereto as Attachment 1a is a true and correct copy of the
`
`MARC record for the SAE International Journal of Passenger Cars: Electronic
`
`and Electrical Systems in the Georgia Tech Library online catalog.18 The library
`
`continues to update this MARC record and enhanced the MARC record to meet
`
`current cataloging rules. The most recent enhancement to Attachment 1a occurred
`
`on January 11, 2021, as shown in field 005 (“20210111”). I personally identified
`
`and retrieved the MARC record that is Attachment 1a.
`
`45. Based on finding a print copy of Exhibit 1005 in the Georgia Tech
`
`Library and MARC record in its online library catalog attached as Attachment 1a,
`
`
`
`17
`https://www.researchgate.net/publication/246173285_Fault_Tolerant_Distributed_
`Architectures_for_In-Vehicle_Networks
`18 https://galileo-
`gatech.primo.exlibrisgroup.com/discovery/fulldisplay?docid=alma9914170478002
`947&context=L&vid=01GALI_GIT:GT&lang=en&search_scope=MyInst_and_CI
`&adaptor=Local%20Search%20Engine&tab=Everything&query=any,contains,194
`6-4614&offset=0
`
`21
`
`AHM, Exh. 1011, p. 22
`
`
`
`it is my opinion that the Mishbahuddin article published in the SAE International
`
`Journal of Passenger Cars: Electronic and Electrical Systems was publicly
`
`available on or shortly after March 5, 2001, as shown on the publisher’s website.
`
`46.
`
` Attachment 1a includes an entry in field 050 (“TL272.5 $b .S244”)—
`
`as described above, a subject matter classification number consistent with the
`
`Library of Congress classification system (analogous to the Dewey Decimal
`
`classification system) and an entry in field 082 (“629”), a subject matter consistent
`
`with the Dewey Decimal classification system. Attachment 1a also shows that
`
`Exhibit 1005 was catalogued with t
Accessing this document will incur an additional charge of $.
After purchase, you can access this document again without charge.
Accept $ Charge
Still Working On It
This document is taking longer than usual to download. This can happen if we need to contact the court directly to obtain the document and their servers are running slowly.
Give it another minute or two to complete, and then try the refresh button.
A few More Minutes ... Still Working
It can take up to 5 minutes for us to download a document if the court servers are running slowly.
Thank you for your continued patience.
This document could not be displayed.
We could not find this document within its docket. Please go back to the docket page and check the link. If that does not work, go back to the docket and refresh it to pull the newest information.
Your account does not support viewing this document.
You need a Paid Account to view this document. Click here to change your account type.
Your account does not support viewing this document.
Set your membership
status to view this document.
With a Docket Alarm membership, you'll
get a whole lot more, including:
- Up-to-date information for this case.
- Email alerts whenever there is an update.
- Full text search for other cases.
- Get email alerts whenever a new case matches your search.
One Moment Please
The filing “” is large (MB) and is being downloaded.
Please refresh this page in a few minutes to see if the filing has been downloaded. The filing will also be emailed to you when the download completes.
Your document is on its way!
If you do not receive the document in five minutes, contact support at support@docketalarm.com.
Sealed Document
We are unable to display this document, it may be under a court ordered seal.
If you have proper credentials to access the file, you may proceed directly to the court's system using your government issued username and password.
Access Government Site
