UNITED STATES PATENT AND TRADEMARK OFFICE
`_______________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`_______________
`
`MEDIVIS, INC.
`Petitioner
`
`v.
`
`NOVARAD CORP.
`Patent Owner
`
`US Patent No. 11,004,271
`
`Inter Partes Review No. IPR2023-00042
`
`DECLARATION OF PAMELA KEYL
`
`ME1 35012730v.1
`
`Medivis Exhibit 1028
`
`1
`
`
`_______________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`_______________
`
`MEDIVIS, INC.
`Petitioner
`
`v.
`
`NOVARAD CORP.
`Patent Owner
`
`US Patent No. 11,004,271
`
`Inter Partes Review No. IPR2023-00042
`
`DECLARATION OF PAMELA KEYL
`
`ME1 35012730v.1
`
`Medivis Exhibit 1028
`
`1
`
`
`
`Inter Partes Review No. IPR2023-00042
`
`
`
`U.S. Patent No. 11,004,271
`
`Declaration of Pamela Keyl
`I, Pamela Keyl, am a Knowledge Management Research Systems
`
`1.
`
`Analyst at the law firm McCarter & English, LLP.
`
`2.
`
`I have over 40 years’ experience in library sciences, including nearly
`
`36 years as a reference librarian at McCarter & English, LLP, five years as an
`
`Adult Services Librarian at the Summit Public Library, Summit, New Jersey, and
`
`two years as Children’s Services Librarian at the Monmouth County Library,
`
`Manalapan, New Jersey.
`
`3.
`
`I hold a Master of Library Science degree from the Rutgers School of
`
`Communication and Information (1980) and a Bachelor of Arts degree from Cedar
`
`Crest College (1979).
`
`4.
`
`Through my education and experience, I am familiar with the
`
`cataloging of books and periodicals and standard practices concerning the same.
`
`5.
`
`In this Declaration, I provide further information about certain
`
`exhibits filed in the above referenced proceeding.
`
`EX1009—Chen
`6.
`EX1009, the Chen reference, is an article from the Journal of
`
`Biomedical Informatics titled “Development of a surgical navigation system based
`
`on augmented reality using an optical see-through head-mounted display.” It bears
`
`the citation “Journal of Biomedical Informatics 55 (2015) 124-131.” Based on my
`
`1
`
`Medivis Exhibit 1028
`
`2
`
`
`
`experience with periodical notations, I understand this to indicate that this article
`
`was published in Volume 55 of this Journal in 2015, at pages 124-131.
`
`7.
`
`I obtained the article shown at EX1009 through the website of
`
`ScienceDirect,
`
`a
`
`division
`
`of
`
`Elsivier,
`
`at
`
`the
`
`URL:
`
`https://www.sciencedirect.com/science/article/pii/S1532046415000702?via%3Dih
`
`ub
`
`8.
`
`ScienceDirect
`
`is a website
`
`that provides access
`
`to a
`
`large
`
`bibliographic database of scientific and medical publications of the Dutch
`
`publisher Elsevier. It hosts over 18 million pieces of content from more than 4,000
`
`academic
`
`journals
`
`and
`
`30,000
`
`e-books
`
`of
`
`this
`
`publisher.
`
`
`
`See
`
`https://en.wikipedia.org/wiki/ScienceDirect
`
`9.
`
`ScienceDirect was launched in 1997. Id.
`
`10.
`
`ScienceDirect hosts 1.4 million articles that are “open access.”
`
`Articles published open access are peer reviewed and made available, either for
`
`free or at a price, for everyone to read, download, and reuse in line with the user
`
`license displayed on the article. See https://www.sciencedirect.com/
`
`11.
`
`The article at EX1009 bears a copyright notice of “2015 Elsevier Inc.
`
`All rights reserved.” This appears both at the end of the Abstract on page 124, as
`
`well as at the bottom of page 124 (page 1 of EX1009).
`
`ME1 35012730v.1
`
`2
`
`Medivis Exhibit 1028
`
`3
`
`
`
`12.
`
`The citation that appears at the top of the document, Volume 55, June
`
`2015, Pages 124-131, further indicates that this Article appeared in the print
`
`version in Volume 55, which, according to ScienceDirect, was published in June
`
`2015.
`
`
`
`See
`
`https://www.sciencedirect.com/journal/journal-of-biomedical-
`
`informatics/issues
`
`13.
`
`Images of the print version that I reviewed archived at ScienceDirect
`
`show that it bears an ISSN number of 1532-0464 and show that the Chen article
`
`appears at pages 124-131 of this physical version.
`
`14.
`
` On the face of EX1009, the “Article History” on the first page states
`
`that Chen was “Received 24 August 2014; Revised 20 March 2015; Accepted 9
`
`April 2015; [and] Available online 13 April 2015.”
`
`15.
`
`Finally, based on my research, I was able to determine that Chen was
`
`cited by at least seven other references (by authors other than those of Chen) by
`
`January 2017, including in the following:
`
` Girbacia T, Girbacia F, Duguleana M, Butila E. Augmented reality
`system for training robotic prostate biopsy needle guidance. In The
`10th International Conference on Virtual Learning. 2015 Oct 31 (pp.
`254-258).
`
` Huang Q, Chen S. High-quality intraoperative volume rendering in
`surgical navigation. In 2016 9th International Congress on Image and
`Signal Processing, BioMedical Engineering and Informatics (CISP-
`BMEI). 2016 Oct 15 (pp. 363-368). IEEE.
`
`ME1 35012730v.1
`
`3
`
`Medivis Exhibit 1028
`
`4
`
`
`
` Zhang X, Chen G, Liao H. High-quality see-through surgical guidance
`system using enhanced 3-D autostereoscopic augmented reality. IEEE
`Transactions on Biomedical Engineering. 2016 Nov 3;64(8):1815-25.
`
` Poh PS, Chhaya MP, Wunner FM, De-Juan-Pardo EM, Schilling AF,
`Schantz JT, Van Griensven M, Hutmacher DW. Polylactides in
`additive biomanufacturing. Advanced Drug Delivery Reviews. 2016
`Dec 15;107:228-46.
`
` Kolodzey L, Grantcharov PD, Rivas H, Schijven MP, Grantcharov TP.
`Wearable technology in the operating room: a systematic review. BMJ
`Innovations. 2016 Dec 30:bmjinnov-2016.
`
` Mahmoud N, Grasa ÓG, Nicolau SA, Doignon C, Soler L, Marescaux
`J, Montiel JM. On-patient see-through augmented reality based on
`visual SLAM. International journal of computer assisted radiology
`and surgery. 2017 Jan;12:1-1.
`
` Shi Y, Lin L, Zhou C, Zhu M, Xie L, Chai G. A study of an assisting
`robot for mandible plastic surgery based on augmented reality.
`Minimally Invasive Therapy & Allied Technologies. 2017 Jan
`2;26(1):23-30.
`
`16.
`
` Based on this information and my more than 40 years of experience
`
`as a professional librarian, I am able to conclude that it was more likely than not
`
`that Chen at EX1009 was published and publically available online on or around
`
`April 13, 2015.
`
`ME1 35012730v.1
`
`4
`
`Medivis Exhibit 1028
`
`5
`
`
`
`I declare under penalty of perjury under the laws of the United States of
`
`America that the foregoing is true and correct.
`
`Executed on the 10th Day of October, 2023.
`
`/s/ Pamela Keyl
`Pamela Keyl
`
`ME1 35012730v.1
`
`5
`
`Medivis Exhibit 1028
`
`6
`
`
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