UNITED STATES PATENT AND TRADEMARK OFFICE
`_______________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`_______________
`
`MEDIVIS, INC.
`Petitioner
`
`v.
`
`NOVARAD CORP.
`Patent Owner
`
`Inter Partes Review No. IPR2023-00042
`US Patent No. 11,004,271
`
`Inter Partes Review No. IPR2023-00045
`US Patent No. 10,945,807
`_______________
`
`DECLARATION OF CHRISTOPHER FRAISER
`
`ME1 44943277v.2
`
`Medivis Exhibit 1015
`
`1
`
`
`_______________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`_______________
`
`MEDIVIS, INC.
`Petitioner
`
`v.
`
`NOVARAD CORP.
`Patent Owner
`
`Inter Partes Review No. IPR2023-00042
`US Patent No. 11,004,271
`
`Inter Partes Review No. IPR2023-00045
`US Patent No. 10,945,807
`_______________
`
`DECLARATION OF CHRISTOPHER FRAISER
`
`ME1 44943277v.2
`
`Medivis Exhibit 1015
`
`1
`
`
`
`Inter Partes Review No. IPR2023-00042
`Inter Partes Review No. IPR2023-00045
`
`US Patent No. 11,004,271
`US Patent No. 10,945,807
`
`Declaration of Christopher Fraiser
`
`1.
`
`I, Christopher Fraiser, am a senior litigation paralegal at the law firm
`
`of McCarter & English, LLP.
`
`2.
`
`I received a Bachelor’s degree from the University of Southern
`
`Mississippi in 2002, and since my graduation I have worked in various law firm
`
`support positions. I have worked as a paralegal for McCarter & English, LLP for
`
`more than 16 years.
`
`3.
`
`I have significant experience collecting and managing documents for
`
`use in litigation, including using specialized software to capture and authenticate
`
`internet-based evidence.
`
`4.
`
`In particular, I have experience using Page Vault software and the
`
`Internet Archive to capture and authenticate internet content for the purpose of
`
`litigation.
`
`Page Vault Background
`
`5.
`
`Page Vault is a cloud-based service licensed by McCarter & English
`
`and often utilized by myself and other McCarter & English employees for the
`
`purpose of authenticating web content to be used as evidence in litigation.
`
`ME1 44943277v.2
`
`1
`
`Medivis Exhibit 1015
`
`2
`
`
`
`Inter Partes Review No. IPR2023-00042
`Inter Partes Review No. IPR2023-00045
`
`US Patent No. 11,004,271
`US Patent No. 10,945,807
`
`6.
`
`The Page Vault service allows me to make captures of web content,
`
`including webpages, and restricts me from modifying the content, accessing or
`
`modifying the webpage’s source code, installing browser plugins, or otherwise
`
`altering the contents of a webpage.
`
`7.
`
`These captures include the web content for a specified URL along
`
`with the associated metadata, and they are digitally signed and hashed.
`
`Page Vault Captures
`
`8.
`
`On May 15, 2023, I executed a Page Vault capture of the URL:
`
`https://www.slicer.org./wiki/Documentation/4.6/SlicerApplication/MainApplicatio
`
`nGUI.
`
`9.
`
`A true and correct copy of that capture is attached hereto at Exhibit
`
`1016.
`
`10. On May 15, 2023, I executed a Page Vault capture of the URL:
`
`https://www.slicer.org/wiki/Documentation/4.x/Acknowledgments.
`
`11.
`
` A true and correct copy of that capture is attached hereto at Exhibit
`
`1017.
`
`12. On May 15, 2023, I executed a Page Vault capture of the URL:
`
`https://www.slicer.org/wiki/Release_Details#Slicer_4.6.0.
`
`ME1 44943277v.2
`
`2
`
`Medivis Exhibit 1015
`
`3
`
`
`
`Inter Partes Review No. IPR2023-00042
`Inter Partes Review No. IPR2023-00045
`
`US Patent No. 11,004,271
`US Patent No. 10,945,807
`
`13. A true and correct copy of that capture is attached hereto at Exhibit
`
`1018.
`
`14. On May 16, 2023, I executed a Page Vault capture of the first page of
`
`the google search that appears at
`
`https://www.google.com/search?q=3d+visualization+training+at+surgical+plannin
`
`g+laboratory&rlz=1C5CHFA_enUS873US873&tbs=cdr%3A1%2Ccd_min%3A1
`
`%2F1%2F2012%2Ccd_max%3A12%2F31%2F2014&sxsrf=APwXEdeXiROhSip
`
`UuNDyQ0v4KbY690zyrA%3A1684179975820&ei=B4xiZLTVMYas5NoP69mm
`
`4A4&oq=3D&gs_lcp=Cgxnd3Mtd2l6LXNlcnAQARgBMgQIIxAnMgQIIxAnMg
`
`gIABCKBRCRAjIHCAAQigUQQzIHCAAQigUQQzIHCAAQigUQQzIHCAAQi
`
`gUQQzIHCAAQigUQQzIHCAAQigUQQzIKCAAQigUQsQMQQzoICAAQogQ
`
`QsAM6DgguEIoFEMcBENEDEJECOgUIABCABDoLCC4QgAQQsQMQgwE6
`
`CwgAEIoFELEDEIMBOgsIABCABBCxAxCDAUoECEEYAVDqyAFYqM0BY
`
`LTmAWgHcAB4AIABeYgB0gGSAQMxLjGYAQCgAQHIAQTAAQE&sclient=
`
`gws-wiz-serp.
`
`15. A true and correct copy of this capture is attached hereto at Exhibit
`
`1019.
`
`ME1 44943277v.2
`
`3
`
`Medivis Exhibit 1015
`
`4
`
`
`
`Inter Partes Review No. IPR2023-00042
`Inter Partes Review No. IPR2023-00045
`
`US Patent No. 11,004,271
`US Patent No. 10,945,807
`
`Wayback Machine Background
`
`16.
`
`I also have experience using the Internet Archive’s “Wayback
`
`Machine” to capture versions of websites as they were available on certain dates in
`
`history.
`
`17.
`
`It is my understanding that the Internet Archive is a website that
`
`provides access to a digital library of Internet sites and other cultural artifacts in
`
`digital form. See https://archive.org/about; https://archive.org/legal/affidavit.php.
`
`18.
`
`I further understand that the Internet Archive has created a service
`
`known as the Wayback Machine. It is my understanding that the Wayback
`
`Machine makes it possible to browse billions of web pages stored in the Internet
`
`Archive's web archive. Users of the Wayback Machine can search archives by
`
`URL (i.e., a website address). If archived records for a URL are available, the user
`
`will be presented with a display of available dates. The user may select one of
`
`those dates, and begin browsing an archived version of the Web.
`
`19. According to the Internet Archive, the archived data made viewable
`
`and browseable by the Wayback Machine is obtained by use of web archiving
`
`software that automatically stores copies of files available via the Internet, each file
`
`preserved as it existed at a particular point in time.
`
`ME1 44943277v.2
`
`4
`
`Medivis Exhibit 1015
`
`5
`
`
`
`Inter Partes Review No. IPR2023-00042
`Inter Partes Review No. IPR2023-00045
`
`US Patent No. 11,004,271
`US Patent No. 10,945,807
`
`20.
`
`It is my further understanding that the Internet Archive assigns a URL
`
`on its site to the archived files in the format http://web.archive.org/web/[Year in
`
`yyyy][Month in mm][Day in dd][Time code in hh:mm:ss]/[Archived URL] aka an
`
`"extended URL". Thus, the extended URL
`
`http://web.archive.org/web/19970126045828/http://www.archive.org/ would be the
`
`URL for the record of the Internet Archive home page HTML file
`
`(http://www.archive.org/) archived on January 26, 1997 at 4:58 a.m. and 28
`
`seconds (1997/01/26 at 04:58:28).
`
`21. A web browser may be set such that a printout from it will display the
`
`URL of a web page in the printout's footer. The date indicated by an extended URL
`
`applies to a preserved instance of a file for a given URL.
`
`22.
`
`I have also reviewed Exhibit 1024, the Declaration of Internet Archive
`
`Records Request Processor Nathaniel E. Frank-White including its attached copy
`
`of the Wayback Machine archived record of URL
`
`https://web.archive.org/web/20121004141444/http://www.amira.com/images/storie
`
`s/pdf/522/AmiraUsersGuide.pdf.
`
`ME1 44943277v.2
`
`5
`
`Medivis Exhibit 1015
`
`6
`
`
`
`Inter Partes Review No. IPR2023-00042
`Inter Partes Review No. IPR2023-00045
`
`US Patent No. 11,004,271
`US Patent No. 10,945,807
`
`23.
`
`I compared Exhibit 1005 of IPR2023-00042 to part of Exhibit 1024.
`
`Based on that comparison, I confirm that pages 6 through 122 of Exhibit 1024 are
`
`the same as pages 1 through 117 of Exhibit 1005 of IPR2023-00042 except for
`
`what appears to be added exhibit markings.
`
`24.
`
`Therefore, based on my experience and understanding as discussed
`
`above, in my opinion, Exhibit 1005 of IPR2023-00042, the Amira 5 User Guide,
`
`was available to interested people as of at least October 4, 2012.
`
`25.
`
`I compared the document filed as Exhibit 1005 in IPR2023-00042
`
`with the document filed as Exhibit 1005 in IPR2023-00045, and found no
`
`difference.
`
`26.
`
`I compared Exhibit 1005 of IPR2023-00045 to part of Exhibit 1024.
`
`Based on that comparison, I confirm that pages 6 through 122 of Exhibit 1024 are
`
`the same as pages 1 through 117 of Exhibit 1005 of IPR2023-00042 except for
`
`what appear to be added exhibit markings.
`
`27.
`
`Therefore, based on my experience and understanding as discussed
`
`above, in my opinion, Exhibit 1005 of IPR2023-00045, the Amira 5 User Guide,
`
`was available to interested people as of at least October 4, 2012.
`
`ME1 44943277v.2
`
`6
`
`Medivis Exhibit 1015
`
`7
`
`
`
`Inter Partes Review No. IPR2023-00042
`Inter Partes Review No. IPR2023-00045
`
`US Patent No. 11,004,271
`US Patent No. 10,945,807
`
`I hereby declare that all statements made herein of my own knowledge are
`
`true and that all statements made on information and belief are believed to be true;
`
`and further that these statements were made with the knowledge that willful false
`
`statements and the like so made are punishable by fine or imprisonment, or both,
`
`under § 1001 of Title 18 of the United States Code.
`
`Executed on the 22d of May, 2023.
`
`•"
`
`/ y
`
`Christopher Fraiser
`
`MEI 44943277v.2
`
`7
`
`Medivis Exhibit 1015
`
`8
`
`
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