Attorney Docket No. 50095-0108IP1
`IPR of U.S. Patent No. 8,881,048
`
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`
`E. EDDIE BAKHASH
`In re Patent of:
`8,881,048
`Attorney Docket No. 50095-0108IP1
`U.S. Patent No.:
`November 4, 2014
`Issue Date:
`Appl. Serial No.: 12/751,879
`Filing Date:
`March 31, 2010
`Title:
`SYSTEM AND METHOD FOR PROVIDING THREE-
`DIMENSIONAL GRAPHICAL USER INTERFACE
`
`DECLARATION OF JUNE ANN MUNFORD
`
`1.
`
`My name is June Ann Munford. I am over the age of 18, have personal
`
`knowledge of the facts set forth herein, and am competent to testify to the same.
`
`2.
`
`I earned a Master of Library and Information Science (MLIS) from the
`
`University of Wisconsin-Milwaukee in 2009. I have over ten years of experience in
`
`the library/information science field. Beginning in 2004, I have served in various
`
`positions in the public library sector including Assistant Librarian, Youth Services
`
`Librarian and Library Director. I have attached my Curriculum Vitae as Appendix
`
`CV.
`
`3.
`
`During my career in the library profession, I have been responsible for
`
`materials acquisition for multiple libraries. In that position, I have cataloged,
`
`purchased and processed incoming library works. That includes purchasing
`
`materials directly from vendors, recording publishing data from the material in
`
`question, creating detailed material records for library catalogs and physically
`1
`
`APPLE 1048
`
`
`IPR of U.S. Patent No. 8,881,048
`
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`
`E. EDDIE BAKHASH
`In re Patent of:
`8,881,048
`Attorney Docket No. 50095-0108IP1
`U.S. Patent No.:
`November 4, 2014
`Issue Date:
`Appl. Serial No.: 12/751,879
`Filing Date:
`March 31, 2010
`Title:
`SYSTEM AND METHOD FOR PROVIDING THREE-
`DIMENSIONAL GRAPHICAL USER INTERFACE
`
`DECLARATION OF JUNE ANN MUNFORD
`
`1.
`
`My name is June Ann Munford. I am over the age of 18, have personal
`
`knowledge of the facts set forth herein, and am competent to testify to the same.
`
`2.
`
`I earned a Master of Library and Information Science (MLIS) from the
`
`University of Wisconsin-Milwaukee in 2009. I have over ten years of experience in
`
`the library/information science field. Beginning in 2004, I have served in various
`
`positions in the public library sector including Assistant Librarian, Youth Services
`
`Librarian and Library Director. I have attached my Curriculum Vitae as Appendix
`
`CV.
`
`3.
`
`During my career in the library profession, I have been responsible for
`
`materials acquisition for multiple libraries. In that position, I have cataloged,
`
`purchased and processed incoming library works. That includes purchasing
`
`materials directly from vendors, recording publishing data from the material in
`
`question, creating detailed material records for library catalogs and physically
`1
`
`APPLE 1048
`
`
`
`Attorney Docket No. 50095-0108IP1
`IPR of U.S. Patent No. 8,881,048
`
`preparing that material for circulation. In addition to my experience in acquisitions,
`
`I was also responsible for analyzing large collections of library materials, tailoring
`
`library records for optimal catalog search performance and creating lending
`
`agreements between libraries during my time as a Library Director.
`
`4.
`
`I am fully familiar with the catalog record creation process in the library
`
`sector. In preparing a material for public availability, a library catalog record
`
`describing that material would be created. These records are typically written in
`
`Machine Readable Catalog (herein referred to as “MARC”) code and contain
`
`information such as a physical description of the material, metadata from the
`
`material’s publisher, and date of library acquisition. The MARC record has been the
`
`standard format for computerized library records since the early 1970s. In particular,
`
`the 008 field of the MARC record is reserved for denoting the date of creation of the
`
`library record itself. As this typically occurs during the process of preparing
`
`materials for public access, it is my experience that an item’s MARC record indicates
`
`the date of an item’s public availability. In other words, an interested member of the
`
`public would have been able to access a reference at the library soon after its MARC
`
`record was created.
`
`5.
`
`I am including multiple MARC records for each reference addressed in
`
`my declaration because in my experience MARC records are the most detailed
`
`records of library ownership, cataloging and circulation. These details include fields
`
`2
`
`
`
`Attorney Docket No. 50095-0108IP1
`IPR of U.S. Patent No. 8,881,048
`
`describing title, author and publishers but also more technical, unique designations
`
`such as International Standard Book Numbers (ISBN), International Standard Serial
`
`Numbers (ISSN) or OCLC Control Numbers (OCN). These numerical codes are
`
`registered to creators and right holders to designate specific titles by specific authors.
`
`As such, matching the unique details of these MARC records to ISBN, ISSN and/or
`
`OCN numbers (i) provides a formal basis for comparison when examining multiple
`
`copies of the same material, (ii) provides a rough timeline for that material’s
`
`availability, and (iii) indicates the publisher’s intent to make the material broadly
`
`available.
`
`6.
`
`Typically, in creating a MARC record, a librarian would gather various
`
`bits of metadata such as book title, publisher and subject headings among others and
`
`assign each value to a relevant numerical field. For example, a book’s physical
`
`description is tracked in field 300 while title/attribution is tracked in field 245. The
`
`008 field of the MARC record is reserved for denoting the creation of the library
`
`record itself. As this is the only date reflecting the inclusion of said materials within
`
`the library’s collection, it is my experience that an item’s 008 field accurately
`
`indicates the date of an item’s public availability.
`
`7.
`
`I have reviewed Exhibit EX1005, How the Internet Works by Preston
`
`Gralla, 6th Edition.
`
`3
`
`
`
`Attorney Docket No. 50095-0108IP1
`IPR of U.S. Patent No. 8,881,048
`
`8.
`
`Attached hereto as Appendix GRALLA01 is a true and correct copy of
`
`the MARC record for How the Internet Works as held by the SUNY Buffalo State
`
`College library. I secured this record myself from the library’s public catalog. The
`
`MARC record contained within Appendix GRALLA01 accurately describes the
`
`title, author, publisher, and ISBN number of How the Internet Works, 6th Edition.
`
`See EX1005, pp. 1, 5, 7.
`
`9.
`
`Attached hereto as Appendix GRALLA02 is a true and correct copy of
`
`the MARC record for How the Internet Works as held by the Library of Congress. I
`
`secured this record myself from the library’s public catalog. The MARC record
`
`contained within Appendix GRALLA02 accurately describes the title, author,
`
`publisher, and ISBN number of How the Internet Works, 6th Edition. See EX1005,
`
`pp. 1, 5, 7.
`
`10. Attached hereto as Appendix GRALLA03 is a true and correct copy of
`
`the MARC record for How the Internet Works as held by the University of
`
`Wisconsin-Madison library. I secured this record myself from the library’s public
`
`catalog. The MARC record contained within Appendix GRALLA03 accurately
`
`describes the title, author, publisher, and ISBN number of How the Internet Works,
`
`6th Edition. See EX1005, pp. 1, 5, 7.
`
`11. All three appendices accurately describe How the Internet Works, 6th
`
`Edition despite being distinct from one another. In comparing Exhibit EX1005 to
`
`4
`
`
`
`Attorney Docket No. 50095-0108IP1
`IPR of U.S. Patent No. 8,881,048
`
`Appendices GRALLA01, GRALLA02 and GRALLA03 it is my determination that
`
`Exhibit EX1005 is a true and correct copy of How the Internet Works, 6th Edition by
`
`Preston Gralla.
`
`12. The 008 field of the MARC record in Appendices GRALLA01,
`
`GRALLA02 and GRALLA03 indicates the date of record creation. The 008 field of
`
`Appendix GRALLA01 indicates SUNY Buffalo State College library first created
`
`the MARC record for this book as of February 15, 2001. The 008 field of Appendix
`
`GRALLA02 indicates the Library of Congress first created the MARC record for
`
`this book as of February 25, 2001. The 008 field of Appendix GRALLA03 indicates
`
`the University of Wisconsin-Madison library first created the MARC record for this
`
`book as of August 30, 2001. Considering this information, it is my determination
`
`that How the Internet Works, 6th Edition was made available to the public around the
`
`same time that these MARC records were created in 2001, which coincides with the
`
`stated “First Printing” date in EX1005 of “September, 2001.” See EX1005, 7. I also
`
`note that the 008 field in each of Appendix GRALLA01, Appendix GRALLA02,
`
`and Appendix GRALLA03 includes an additional “2002” date, which coincides with
`
`the 2002 copyright date stated in EX1005. See EX1005, 7. Based on my review of
`
`EX1005, Append ix GRALLA01, Appen
`
`dix GRALLA02, and Ap
`
`pendix
`
`GRALLA03, my opinion is that How
`
`the Internet Works, 6th Edition was made
`
`available to the public as early as in 2001 and no later than the end of 2002.
`
`5
`
`
`
`Attorney Docket No. 50095-0108IP1
`IPR of U.S. Patent No. 8,881,048
`
`13.
`
`I have been retained on behalf of the Petitioner to provide assistance in
`
`the above-illustrated matter in establishing the authenticity and public availability of
`
`the documents discussed in this declaration. I am being compensated for my services
`
`in this matter at the rate of $100.00 per hour plus reasonable expenses. My
`
`statements are objective, and my compensation does not depend on the outcome of
`
`this matter.
`
`14.
`
`I declare under penalty of perjury that the foregoing is true and correct.
`
`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 the knowledge that willful false statements and the
`
`like so made are punishable by fine or imprisonment, or both, under Section 1001 of
`
`Title 18 of the United States Code.
`
`Dated: 11/18/2022
`
`June Ann Munford
`
`6
`
`
`
`Appendix A
`Appendix A
`
`7
`
`
`
`J. Munford
`Curriculum Vitae
`
`Education
`
`University of Wisconsin-Milwaukee - MS, Library & Information Science, 2009
`Milwaukee, WI
`
`
`● Coursework included cataloging, metadata, data analysis, library systems,
`management strategies and collection development.
`● Specialized in library advocacy, cataloging and public administration.
`
`
`Grand Valley State University - BA, English Language & Literature, 2008
`Allendale, MI
`
` ●
`
` Coursework included linguistics, documentation and literary analysis.
`● Minor in political science with a focus in local-level economics and
`government.
`
`
`
`Professional Experience
`
`Researcher / Expert Witness, October 2017 – present
`Freelance ● Pittsburgh, Pennsylvania & Grand Rapids, Michigan
`
`
`● Material authentication and public accessibility determination.
`Declarations of authenticity and/or public accessibility provided upon
`research completion. Experienced with appeals and deposition process.
`
` ●
`
` Research provided on topics of public library operations, material
`publication history, digital database services and legacy web resources.
`
` ●
`
` Past clients include Alston & Bird, Arnold & Porter, Baker Botts, Fish &
`Richardson, Erise IP, Irell & Manella, O'Melveny & Myers, Perkins-Coie,
`Pillsbury Winthrop Shaw Pittman and Slayden Grubert Beard.
`
`Library Director, February 2013 - March 2015
`Dowagiac District Library ● Dowagiac, Michigan
`
`
`● Executive administrator of the Dowagiac District Library. Located in
`
`8
`
`
`
`Southwest Michigan, this library has a service area of 13,000, an annual
`operating budget of over $400,000 and total assets of approximately
`$1,300,000.
`
`● Developed careful budgeting guidelines to produce a 15% surplus during
`the 2013-2014 & 2014-2015 fiscal years while being audited.
`
`
`
` ●
`
` Using this budget surplus, oversaw significant library investments
`including the purchase of property for a future building site, demolition of
`existing buildings and building renovation projects on the current facility.
`
` Led the organization and digitization of the library's archival records.
`
` ●
`
` ●
`
` Served as the public representative for the library, developing business
`relationships with local school, museum and tribal government entities.
`
` ●
`
` Developed an objective-based analysis system for measuring library
`services - including a full collection analysis of the library's 50,000+
`circulating items and their records.
`
`November 2010 - January 2013
`Librarian & Branch Manager, Anchorage Public Library ● Anchorage, Alaska
`
`
`● Headed the 2013 Anchorage Reads community reading campaign
`including event planning, staging public performances and creating
`marketing materials for mass distribution.
`
` ●
`
` Co-led the social media department of the library's marketing team,
`drafting social media guidelines, creating original content and instituting
`long-term planning via content calendars.
`
` ●
`
` Developed business relationships with The Boys & Girls Club, Anchorage
`School District and the US Army to establish summer reading programs for
`children.
`
`
`June 2004 - September 2005, September 2006 - October 2013
`Library Assistant, Hart Area Public Library
`Hart, MI
`
`
`● Responsible for verifying imported MARC records and original MARC
`
`9
`
`
`
`
`
`cataloging for the local-level collection as well as the Michigan Electronic
`Library.
`
`● Handled OCLC Worldcat interlibrary loan requests & fulfillment via
`ongoing communication with lending libraries.
`
`
`
`Professional Involvement
`
`Alaska Library Association - Anchorage Chapter
`● Treasurer, 2012
`
`
`Library Of Michigan
`● Level VII Certification, 2008
`● Level II Certification, 2013
`
`
`Michigan Library Association Annual Conference 2014
`● New Directors Conference Panel Member
`
`
`Southwest Michigan Library Cooperative
`● Represented the Dowagiac District Library, 2013-2015
`
`
`
`Professional Development
`
`Library Of Michigan Beginning Workshop, May 2008
`Petoskey, MI
`● Received training in cataloging, local history, collection management,
`children’s literacy and reference service.
`
`
`Public Library Association Intensive Library Management Training, October 2011
`Nashville, TN
`● Attended a five-day workshop focused on strategic planning, staff
`management, statistical analysis, collections and cataloging theory.
`
`
`Alaska Library Association Annual Conference 2012 - Fairbanks, February 2012
`Fairbanks, AK
`● Attended seminars on EBSCO advanced search methods, budgeting,
`cataloging, database usage and marketing.
`
`10
`
`
`
`Depositions
`
`2019 ● Fish & Richardson
`
`IPR Petitions of 865 Patent, Apple v. Qualcomm (IPR2018-001281 /
`
`39521-00421IP & IPR2018-01282 / 39521-00421IP2)
`
`2019 ● Erise IP
`
`Implicit, LLC v. Netscout Systems, Inc (Civil Action No. 2:18-cv-53-JRG)
`
`2019 ● Perkins-Coie
`
`Adobe Inc. v. RAH Color Technologies LLC (Cases IPR2019-00627,
`
`IPR2019-00628, IPR2019-00629 and IPR2019-00646)
`
`2020 ● O’Melveny & Myers
`
`Maxell, Ltd. v. Apple Inc. (Case 5:19-cv-00036-RWS)
`
`2021 ● Pillsbury Winthrop Shaw Pittman LLP
`
`Intel v. SRC (Case IPR2020-1449)
`
`
`Limited Case History & Potential Conflicts
`
`Alston & Bird
`
`● Nokia (v. Neptune Subsea, Xtera)
`
`Arnold & Porter
`
`● Ivantis (v. Glaukos)
`
`Erise I.P.
`
`● Apple
`
`
`v. Future Link Systems (IPRs 6317804, 6622108, 6807505, and
`
`
`7917680)
`
`
`v. INVT
`
`
`v. Navblazer LLC (Case No. IPR2020-01253)
`
`11
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`v. Qualcomm (IPR2018-001281, 39521-00421IP, IPR2018-01282,
`39521-00421IP2)
`v. Quest Nettech Corp, Wynn Technologies (Case No. IPR2019-
`00XXX, RE. Patent Re38137)
`
`● Fanduel (v CGT)
`
`● Garmin (v. Phillips North America LLC, Case No. 2:19-cv-6301-AB-KS
`Central District of California)
`
`● Netscout
`
`v. Longhorn HD LLC)
`
`v. Implicit, LLC (Civil Action No. 2:18-cv-53-JRG)
` ● Sony Interactive Entertainment LLC
`v. Bot M8 LLC
`v. Infernal Technology LLC
`● Unified Patents (v GE Video Compression, Civil Action No. 2:19-cv-248)
`
`
`Fish & Richardson
`
`● Apple
`
`
`v. LBS Innovations
`
`
`v. Masimo (IPR 50095-0012IP1, 50095-0012IP2, 50095-0013IP1,
`
`
`50095-0013IP2, 50095-0006IP1)
`
`
`v. Neonode
`
`
`v. Qualcomm (IPR2018-001281, 39521-00421IP, IPR2018-01282,
`
`
`39521-00421IP2)
`
`
`
`
`● Dish Network
`
`v. Realtime Adaptive Streaming, Case No 1:17-CV-02097-RBJ)
`
`12
`
`
`
`v. TQ Delta LLC
`
`● Huawei (IPR 76933211)
`
`● Kianxis
`
`● LG Electronics (v. Bell Northern Research LLC, Case No. 3:18-cv-2864-
`CAB-BLM)
`
`● Metaswitch
`
`● MLC Intellectual Property (v. MicronTech, Case No. 3:14-cv-03657-SI)
`
`● Realtek Semiconductor
`
`● Quectel
`
`● Samsung (v. Bell Northern Research, Civil Action No. 2:19-cv-00286-
`JRG)
`
`● Texas Instruments
`
`Irell & Manella
`● Curium
`
`O’Melveny & Myers
`● Apple (v. Maxell, Case 5:19-cv-00036-RWS)
`
`Perkins-Coie
`● TCL Industries (v. Koninklijke Philips NV, PTAB Case Nos. IPR2021-
`00495, IPR2021-00496, and IPR2021-00497)
`
`Pillsbury Winthrop Shaw Pittman
`● Intel (v. FG SRC LLC, Case No. 6:20-cv-00315 W.D. Tex)
`
`13
`
`
`
`Appendix GRALLA01
`Appendix GRALLAO1
`
`14
`
`
`
`11/18/22, 9:21 AM
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`nimbus screenshot app print
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`screenshot-search.lib.buffalo.edu-2022.11.18-09_21_10
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`18.11.2022
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`
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`https://search.lib.buffalo.edu/discovery/fulldisplay?
`context=L&vid=01SUNY_BUF:catalog&search_scope=MyInstitution&tab=LibraryCatalog&docid=alma990021644700204803
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`17
`
`
`
`Appendix GRALLA02
`Appendix GRALLA02
`
`18
`
`
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`screenshot-catalog.loc.gov-2022.11.18-09_23_00
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`21
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`
`
`Appendix GRALLA03
`Appendix GRALLA03
`
`22
`
`
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`26
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`
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