UNITED STATES PATENT AND TRADEMARK OFFICE
`
`
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`
`
`ZOHO CORPORATION and
`ZOHO CORPORATION PVT., LTD.
`Petitioner,
`
`v.
`
`MEETRIX IP, LLC,
`Patent Owner.
`
`
`U.S. Patent Nos. 8,339,997, 9,253,332, 9,094,525, and 9,843,612
`
`
`
`DECLARATION OF INGRID HSIEH-YEE, PH.D., UNDER 37 C.F.R. § 1.68
`IN SUPPORT OF PETITION FOR INTER PARTES REVIEW OF
`U.S. PATENT NOS. 8,339,997, 9,253,332, 9,094,525, AND 9,843,612
`
`
`
`
`
`
`
`
`Zoho Corp. and Zoho Corp. Pvt., Ltd.
`Exhibit 1011 – 001
`
`
`
`
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`
`
`ZOHO CORPORATION and
`ZOHO CORPORATION PVT., LTD.
`Petitioner,
`
`v.
`
`MEETRIX IP, LLC,
`Patent Owner.
`
`
`U.S. Patent Nos. 8,339,997, 9,253,332, 9,094,525, and 9,843,612
`
`
`
`DECLARATION OF INGRID HSIEH-YEE, PH.D., UNDER 37 C.F.R. § 1.68
`IN SUPPORT OF PETITION FOR INTER PARTES REVIEW OF
`U.S. PATENT NOS. 8,339,997, 9,253,332, 9,094,525, AND 9,843,612
`
`
`
`
`
`
`
`
`Zoho Corp. and Zoho Corp. Pvt., Ltd.
`Exhibit 1011 – 001
`
`
`
`Table of Contents
`INTRODUCTION .............................................................................. 1
`
`I.
`
`II. QUALIFICATIONS ........................................................................... 1
`
`III. BACKGROUND OF LIBRARY CATALOGING .......................... 2
`
`A. Machine-Readable Cataloging (“MARC”) .................................. 2
`
`B.
`
`C.
`
`Library Online Catalogs ................................................................ 5
`
`Cataloging New Works .................................................................. 6
`
`IV. SCOPE OF THE DECLARATION .................................................. 8
`
`A.
`
`B.
`
`Person of Ordinary Skill in the Art ............................................ 11
`
`Evidence Considered in Forming My Opinions ........................ 12
`
`V.
`
`ANALYSIS ........................................................................................ 16
`
`A.
`
`RFC 760 (Ex.1028) ........................................................................ 16
`
`1. Actual Usage .................................................................................. 18
`
`B.
`
`RFC 791 (Ex.1029) ........................................................................ 19
`
`1. Actual Usage .................................................................................. 20
`
`ii
`
`Zoho Corp. and Zoho Corp. Pvt., Ltd.
`Exhibit 1011 – 002
`
`
`
`C.
`
`RFC 1112 (Ex.1030) ...................................................................... 21
`
`1. Actual Usage .................................................................................. 22
`
`D.
`
`RFC 2401 (Ex.1031) ...................................................................... 23
`
`1. Actual Usage .................................................................................. 24
`
`E.
`
`RFC 2406 (Ex.1032) ...................................................................... 25
`
`1. Actual Usage .................................................................................. 26
`
`F.
`
`T.120 Primer (Ex.1016) ................................................................ 27
`
`1. Actual Usage .................................................................................. 28
`
`G.
`
`T.120 Standard (Ex.1017) ............................................................ 29
`
`1. Actual Usage .................................................................................. 31
`
`H. Caputo (Ex.1021) .......................................................................... 32
`
`1. Library of Congress Records .......................................................... 34
`
`2. Library of Congress Date Stamp .................................................... 38
`
`3. Copyright Registration Record ....................................................... 39
`
`4. Actual Usage .................................................................................. 40
`
`I.
`
`de Moraes (Ex.1022) ..................................................................... 42
`
`1. MIT Libraries Records ................................................................... 43
`
`2. MIT Libraries Date Stamp .............................................................. 46
`
`3. Actual Usage .................................................................................. 47
`iii
`
`Zoho Corp. and Zoho Corp. Pvt., Ltd.
`Exhibit 1011 – 003
`
`
`
`J.
`
`Freedman (Ex.1027) ..................................................................... 48
`
`1. Library of Congress Records .......................................................... 50
`
`2. Library of Congress Date Stamp .................................................... 52
`
`3. Copyright Registration Record ....................................................... 54
`
`4. Actual Usage .................................................................................. 55
`
`K. VPN Textbook (Ex.1010) ............................................................. 56
`
`1. Library of Congress Records .......................................................... 58
`
`2. Library of Congress Date Stamp .................................................... 62
`
`3. Copyright Registration Record ....................................................... 63
`
`4. Actual Usage .................................................................................. 64
`
`VI. CONCLUSION ................................................................................. 65
`
`VII. DECLARATION .............................................................................. 65
`
`iv
`
`Zoho Corp. and Zoho Corp. Pvt., Ltd.
`Exhibit 1011 – 004
`
`
`
`I.
`1.
`
`INTRODUCTION
`I, Ingrid Hsieh-Yee, Ph.D., have been retained as an independent expert
`
`witness on behalf of Zoho Corporation, for Inter Partes Review (IPR) proceedings
`
`before the United States Patent and Trademark Office challenging U.S. Patent Nos.
`
`8,339,997, 9,253,332, 9,094,525, and 9,843,612 (the “patents-in-suit”).
`
`2.
`
`I have no financial or other commercial interest on the outcome of this IPR.
`
`Aside from this consulting engagement, I have no relationship with Zoho. I am
`
`being compensated for my work in this matter at my customary hourly rate. I am
`
`also being reimbursed for any reasonable and customary expenses associated with
`
`my work and testimony in this matter. My compensation is not contingent on the
`
`results of my study, the substance of my opinions, or the outcome of this matter.
`
`II. QUALIFICATIONS
`3.
`My qualifications and profession experience are described in my academic
`
`curriculum vitae, which is submitted as Appendix U. The following is a brief
`
`summary of my relevant qualifications and experience.
`
`4.
`
`I was a professor in the Department of Library and Information Science at the
`
`Catholic University of America for 32 years and retired at the end of August 2022.
`
`I have experience working in an academic library, a medical library, and a legislative
`
`1
`
`Zoho Corp. and Zoho Corp. Pvt., Ltd.
`Exhibit 1011 – 005
`
`
`
`library. I hold a Ph.D. in Library and Information Studies from the University of
`
`Wisconsin-Madison and a Masters in Library and Information Studies from the
`
`University of Wisconsin-Madison.
`
`5.
`
`I am an expert on library cataloging and classification. I have published two
`
`books on this subject. I taught 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 covered the use of metadata in libraries, databases,
`
`search engines, digital repositories, digital libraries, and digital archives. My
`
`research interests cover cataloging and classification, information organization,
`
`metadata, information retrieval, information architecture, digital collections,
`
`scholarly communication, social media, and user interaction with information
`
`systems, among others.
`
`III. BACKGROUND OF LIBRARY CATALOGING
`A. Machine-Readable Cataloging (“MARC”)
`I am fully familiar with a library cataloging encoding standard known as the
`
`6.
`
`“Machine-Readable Cataloging” standard, also known as “MARC,” which became
`
`2
`
`Zoho Corp. and Zoho Corp. Pvt., Ltd.
`Exhibit 1011 – 006
`
`
`
`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 on MARC records when forming their opinions.
`
`7.
`
`A MARC record consists of several fields, each containing data about a work.
`
`Each field is identified by a standardized, unique, three-digit code corresponding to
`
`the type of data that follows. Appendix A is a true and correct copy of Parts VII to
`
`X of Understanding MARC Bibliographic: Machine-Readable Cataloging
`
`(https://www.loc.gov/marc/umb/um07to10.html) from the Library of Congress that
`
`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, topical subjects are recorded in the 650 fields, and the
`
`physical volume and characteristics of a publication are recorded in Field 300.
`
`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.
`
`8.
`
`Online Computer Library Center (OCLC) is the largest bibliographic network
`
`in the world, with more than 540 million records (as of December 2021) and
`
`thousands of member institutions (many of which are libraries of some type) from
`
`more than 100 countries. OCLC was created in 1967 to promote and support library
`3
`
`Zoho Corp. and Zoho Corp. Pvt., Ltd.
`Exhibit 1011 – 007
`
`
`
`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).
`
`9.
`
`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 this work in OCLC’s Connexion system (a
`
`system for catalogers to create and share MARC records), and the system will
`
`automatically generate a code for the date of record creation in the yymmdd format,
`
`and the creating library’s OCLC symbol is recorded in subfield “a” of the 040 filed.
`
`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).
`
`4
`
`Zoho Corp. and Zoho Corp. Pvt., Ltd.
`Exhibit 1011 – 008
`
`
`
`10. After a MARC record is created in Connexion, it also becomes searchable and
`
`viewable on WorldCat, which is a free web portal for members of the public to
`
`explore the collections of more than 10,000 libraries worldwide. Records in
`
`WorldCat, however, are not presented in MARC fields. Instead, data elements are
`
`labeled to help the general public interpret the record.
`
`Library Online Catalogs
`B.
`Library online catalogs gained acceptance in early 1980s and many libraries
`
`11.
`
`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 to support searching by
`
`author, title, subject, keywords, and other data elements. They also offer features
`
`for users to narrow 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
`
`an option to display MARC records in MARC fields.
`
`12.
`
`I am personally familiar with many online catalogs, databases, and search
`
`engines. In preparing this declaration, I used the following authoritative information
`
`systems to search for records:
`
`5
`
`Zoho Corp. and Zoho Corp. Pvt., Ltd.
`Exhibit 1011 – 009
`
`
`
`• Google Scholar (https://scholar.google.com)
`
`• ITU-T
`
`Recommendation
`
`database
`
`(https://www.itu.int/ITU-
`
`T/recommendations/index.aspx)
`
`• Online catalog at the Library of Congress (https://catalog.loc.gov)
`
`• Online catalog of the Massachusetts Institute of Technology Libraries
`
`(MIT
`
`Libraries)
`
`(https://mit.primo.exlibrisgroup.com/discovery/search?vid=01MIT_I
`
`NST:MIT&lang=en)
`
`• Online catalog of the Public catalog of the United States Copyright
`
`Office (https://cocatalog.loc.gov)
`
`• RFC Editor system (https://www.rfc-editor.org)
`
`• WorldCat (https://www.worldcat.org)
`
`Cataloging New Works
`C.
`Libraries create MARC records for works they acquire, including books,
`
`13.
`
`serials, motion pictures, and publications in other formats. Monograph 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.
`
`14.
`
`Th cataloging of serials and the serial check-in process are discussed here to
`
`show how libraries usually provide access to newly received serial issues. According
`6
`
`Zoho Corp. and Zoho Corp. Pvt., Ltd.
`Exhibit 1011 – 010
`
`
`
`to the glossary of the RDA: Resource Description and Access cataloging standard,
`
`a serial is “a mode of issuance of a manifestation issued in successive parts, usually
`
`bearing numbering, that has no predetermined conclusion. A serial includes a
`
`periodical, monographic series, newspaper, etc.” Because the publisher of a serial
`
`makes new issues of the serial available successively, a customary cataloging
`
`practice is to create one bibliographic record for the serial, the MARC serial record
`
`typically providing information on the beginning date and frequency of the serial,
`
`rather than the dates of individual issues. In other words, libraries typically do not
`
`create MARC records for individual issues of a serial. Instead, they rely on a serial
`
`check-in system to track the receipt of new issues. A common check-in practice is
`
`to date stamp a new issue when it arrives. This practice has become automated since
`
`the late 1990s, and libraries now vary in how they share the receipt date of a new
`
`serial issue with the public. Some libraries use a date stamp, some affix a label to
`
`indicate the receipt date, some pencil in the receipt date, and some do not provide
`
`the information to the public.
`
`15.
`
`The serial check-in process usually takes less than an hour, one of the steps
`
`involving placing a date stamp on the new issue to document the date the issue is
`
`checked in. After that, the holdings information of the serial is updated in the
`
`library’s catalog so that users know which issues are available for request or access.
`
`After serial check-in is completed, the new issue typically is placed on the shelf with
`7
`
`Zoho Corp. and Zoho Corp. Pvt., Ltd.
`Exhibit 1011 – 011
`
`
`
`the previous issues of the serial. Libraries with a public periodical room typically
`
`place new issues in the periodical room for easy user access. It is a general practice
`
`of libraries is to make new issues of serials available for user access soon after they
`
`are checked in, usually within a week, as information presented in serials often
`
`reflects the latest or recent discoveries.
`
`IV.
`16.
`
`SCOPE OF THE DECLARATION
`I have been asked to offer an opinion on the authenticity and public
`
`availability date of the following documents:
`
`a. Postel, J., “DOD Standard Internet Protocol,” RFC 760, DOI
`
`10.17487/RFC0760, January 1980, available at the RFC Editor at
`
`https://www.rfc-editor.org/rfc/pdfrfc/rfc760.txt.pdf, Ex.1028 (“RFC
`
`760”);
`
`b. Postel, J., “Internet Protocol—DARPA Internet Program Protocol
`
`Specification,” RFC 791, DOI 10.17487/RFC0791, September 1981,
`
`available
`
`at
`
`the
`
`RFC
`
`Editor
`
`at
`
`https://www.rfc-
`
`editor.org/rfc/pdfrfc/rfc791.txt.pdf, Ex.1029 (“RFC 791”);
`
`c. Deering, S., “Host Extensions for IP Multicasting,” RFC 1112, DOI
`
`10.17487/RFC1112, August 1989, available at the RFC Editor at
`
`https://www.rfc-editor.org/rfc/pdfrfc/rfc1112.txt.pdf, Ex.1030 (“RFC
`
`1112”);
`
`8
`
`Zoho Corp. and Zoho Corp. Pvt., Ltd.
`Exhibit 1011 – 012
`
`
`
`d. Kent, S. & Atkinson, R., “Security Architecture for the Internet
`
`Protocol,” RFC 2401, DOI 10.17487/RFC2401, November 1998,
`
`available
`
`at
`
`the
`
`RFC
`
`Editor
`
`at
`
`https://www.rfc-
`
`editor.org/rfc/pdfrfc/rfc2401.txt.pdf, Ex.1031 (“RFC 2401”);
`
`e. Kent, S. & Atkinson, R., “IP Encapsulating Security Payload (ESP),”
`
`RFC 2406, DOI 10.17487/RFC2406, November 1998, available at the
`
`RFC Editor at https://www.rfc-editor.org/rfc/pdfrfc/rfc2406.txt.pdf,
`
`Ex.1032 (“RFC 2406”);
`
`f. DataBeam Corporation, “A Primer on the T.120 Series Standard,” a
`
`DataBeam Corporation white paper, updated May 14, 1997, available
`
`at
`
`https://www.packetizer.com/ipmc/t120/primer/t120_primer.pdf,
`
`Ex.1016 (“T.120 Primer”);
`
`g. ITU-T Recommendation T.120, Data protocols for multimedia
`
`conferencing, July 1996, available at the ITU-T Recommendation
`
`database
`
`at
`
`http://handle.itu.int/11.1002/1000/3383-
`
`en?locatt+format:pdf&auth, Ex.1017 (“T.120 Standard”);
`
`h. Caputo, R., Cisco Packetized Voice & Data Integration, McGraw-Hill,
`
`2000, selected pages obtained from the Library of Congress, Ex.1021
`
`(“Caputo”);
`
`9
`
`Zoho Corp. and Zoho Corp. Pvt., Ltd.
`Exhibit 1011 – 013
`
`
`
`i. De Moraes, L. F., & Weinstein, S. B., The Internet multicast from ITS:
`
`How it was done and implications for the future, IEEE Communications
`
`Magazine, 33(1), January 1995, pp. 6-8, obtained from
`
`the
`
`Massachusetts Institute of Technology Libraries, Ex.1022 (“De
`
`Moraes”);
`
`j. Freedman, A., Computer Desktop Encyclopedia, 9th Ed.,
`
`Osborne/McGraw-Hill, 2001, selected pages obtained from the Library
`
`of Congress, Ex.1027 (“Freedman”);
`
`k. Guichard, J., & Pepelnjak, I., MPLS and VPN Architectures (Vol. 1),
`
`Cisco Press, 2001, selected pages obtained from the Library of
`
`Congress, Ex.1010 (“VPN Textbook”).
`
`I am rendering my expert opinion on the authenticity of the documents referenced
`
`herein and on whether they were published. I also provide my opinion on when and
`
`how these documents were 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.
`
`17.
`
`I have been 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
`
`have also been informed that authenticity can be established based on the contents
`10
`
`Zoho Corp. and Zoho Corp. Pvt., Ltd.
`Exhibit 1011 – 014
`
`
`
`of the documents themselves, such as the appearance, content, substance, internal
`
`patterns, protocols followed, or other distinctive characteristics of the item.
`
`18.
`
`I have been further informed by counsel that a given document is deemed
`
`“published” upon a satisfactory showing that such a document has been
`
`disseminated or otherwise made publicly available such that persons interested and
`
`ordinarily skilled in the subject matter or art could locate and obtain the document
`
`after exercising reasonable diligence. I have also been informed by counsel that
`
`materials available in a library constitute “printed publications” if they are cataloged
`
`and indexed according to general library practices and protocols that make the
`
`references available and accessible to members of the interested public.
`
`19.
`
`I have been informed by counsel that U.S. Patent Nos. 8,339,997, 9,253,332,
`
`9,094,525, and 9,843,612 claim priority to a provisional patent application filed on
`
`March 10, 2003. I have assessed public availability of the documents referenced
`
`below as of the earliest claimed priority date of March 10, 2003.
`
`Person of Ordinary Skill in the Art
`A.
`I have been informed by counsel that a “person of ordinary skill in the art”
`
`20.
`
`(POSITA) is a hypothetical person who is presumed to be familiar with the relevant
`
`field and its literature as of the claimed priority date. The hypothetical person is also
`
`a person of ordinary creativity, capable of understanding the scientific principles and
`
`literature applicable to the pertinent field.
`
`11
`
`Zoho Corp. and Zoho Corp. Pvt., Ltd.
`Exhibit 1011 – 015
`
`
`
`21.
`
`I have been informed by counsel that a POSITA at and around the time of the
`
`earliest claimed priority date of March 10, 2003, would include someone who had a
`
`working knowledge of available audio and video conferencing technologies. A
`
`POSITA would also have had a bachelor’s degree in electrical engineering, computer
`
`science, computer engineering, or an equivalent, and three years of professional
`
`experience relating to conferencing systems in packet-based networks.
`
`22.
`
`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 the latest March 10, 2003, such a person would have
`
`had access to a vast array of print and electronic resources, including at least the
`
`documents referenced below.
`
`Evidence Considered in Forming My Opinions
`B.
`In preparing this declaration, I have considered my own academic background
`
`23.
`
`and professional experiences, as described above, and have reviewed the documents
`
`referenced below and any other documents I reference herein. Each of these is a type
`
`of materials that experts in my field would reasonably rely upon when forming their
`
`opinion:
`
`a.
`
`RFC Editor Record for RFC 760, available at the RFC Editor at
`
`https://www.rfc-editor.org/info/rfc760, Appendix B;
`
`12
`
`Zoho Corp. and Zoho Corp. Pvt., Ltd.
`Exhibit 1011 – 016
`
`
`
`b.
`
`RFC Editor Record for RFC 791, available at the RFC Editor at
`
`https://www.rfc-editor.org/info/rfc791, Appendix C;
`
`c.
`
`RFC Editor Record for RFC 1112, available at the RFC Editor at
`
`https://www.rfc-editor.org/info/rfc1112, Appendix D;
`
`d.
`
`RFC Editor Record for RFC 2401, available at the RFC Editor at
`
`https://www.rfc-editor.org/info/rfc2401, Appendix E;
`
`e.
`
`RFC Editor Record for RFC 2406, available at the RFC Editor at
`
`https://www.rfc-editor.org/info/rfc2406, Appendix F;
`
`f.
`
`HTML version of
`
`the T.120 Primer, 1997, available at
`
`https://www.packetizer.com/ipmc/t120/primer/, Appendix G;
`
`g.
`
`ITU-T Record for the T.120 Standard, available at the ITU-T
`
`recommendations
`
`database
`
`at
`
`https://www.itu.int/itu-
`
`t/recommendations/rec.aspx?rec=3383&lang=en, Appendix H;
`
`h.
`
`MARC record for Cisco Packetized Voice & Data Integration, 2000,
`
`available
`
`at
`
`the Library
`
`of Congress
`
`online
`
`catalog
`
`at
`
`https://catalog.loc.gov/vwebv/staffView?searchId=22719&recPointer=0&re
`
`cCount=25&searchType=0&bibId=11768875, Appendix I;
`
`i.
`
`Bibliographic record for Cisco Packetized Voice & Data Integration,
`
`2000, available at
`
`the Library of Congress online catalog at
`
`https://lccn.loc.gov/99040271, Appendix J;
`13
`
`Zoho Corp. and Zoho Corp. Pvt., Ltd.
`Exhibit 1011 – 017
`
`
`
`j.
`
`Copyright registration record for Cisco Packetized Voice & Data
`
`Integration, 2000, available at the copyright catalog of the United States
`
`Copyright
`
`Office
`
`at
`
`https://cocatalog.loc.gov/cgi-
`
`bin/Pwebrecon.cgi?v1=2&ti=1,2&SEQ=2-
`
`191228172149&Search%5FArg=Cisco%20Packetized%20Voice%20and%2
`
`0Data%20Integration&Search%5FCode=TALL&CNT=25&PID=up2MYFz
`
`wp6_cjWeSphId944G1Z8G&SID=1, Appendix K;
`
`k.
`
`Bibliographic record for IEEE Communications Magazine, whose vol.
`
`33, no. 1, contains De Moraes, available from the online catalog of the
`
`Massachusetts
`
`Institute
`
`of
`
`Technology
`
`Libraries
`
`at
`
`http://library.mit.edu/item/000282028, Appendix L;
`
`l.
`
`MARC record for IEEE Communications Magazine, whose vol. 33, no.
`
`1, contains De Moraes, available from the online catalog of the Massachusetts
`
`Institute of Technology Libraries at http://library.mit.edu/item/000282028
`
`(select MARC tags), Appendix M;
`
`m.
`
`Holdings record for IEEE Communications Magazine, whose vol. 33,
`
`no. 1, contains De Moraes, available from the online catalog of the
`
`Massachusetts
`
`Institute
`
`of
`
`Technology
`
`Libraries
`
`at
`
`http://library.mit.edu/item/000282028 (select Library Storage Annex link),
`
`Appendix N;
`
`14
`
`Zoho Corp. and Zoho Corp. Pvt., Ltd.
`Exhibit 1011 – 018
`
`
`
`n.
`
`at
`
`MARC record for Freedman, Osborne/McGraw-Hill, 2001, available
`
`the
`
`Library
`
`of
`
`Congress
`
`online
`
`catalog
`
`at
`
`https://catalog.loc.gov/vwebv/staffView?searchId=14333&recPointer=10&r
`
`ecCount=25&bibId=12555053, Appendix O;
`
`o.
`
`Bibliographic record for Freedman, Osborne/McGraw-Hill, 2001,
`
`available
`
`at
`
`the Library
`
`of Congress
`
`online
`
`catalog
`
`at
`
`https://lccn.loc.gov/2001278111, Appendix P;
`
`p.
`
`Copyright registration record for Freedman, Osborne/McGraw-Hill,
`
`2001, available at the copyright catalog of the United States Copyright Office
`
`at
`
`https://cocatalog.loc.gov/cgi-
`
`bin/Pwebrecon.cgi?v1=7&ti=1,7&Search%5FArg=Computer%20desktop%
`
`20encyclopedia&Search%5FCode=TALL&CNT=25&PID=5p0749PtEN4a8
`
`I5cYP6zKm66LCFo&SEQ=20181228175717&SID=3, Appendix Q;
`
`q.
`
`MARC record for MPLS and VPN Architectures (Vol. 1), Cisco Press,
`
`2001, available at
`
`the Library of Congress online catalog at
`
`https://catalog.loc.gov/vwebv/staffView?searchId=22430&recPointer=0&re
`
`cCount=25&searchType=1&bibId=12027814, Appendix R;
`
`r.
`
`Bibliographic record for MPLS and VPN Architectures (Vol. 1), Cisco
`
`Press, 2001, available at the Library of Congress online catalog at
`
`https://lccn.loc.gov/00105168, Appendix S;
`15
`
`Zoho Corp. and Zoho Corp. Pvt., Ltd.
`Exhibit 1011 – 019
`
`
`
`s.
`
`Copyright registration record for MPLS and VPN Architectures (Vol.
`
`1), Cisco Press, 2001, available at the copyright catalog of the United States
`
`copyright
`
`Office
`
`at
`
`https://cocatalog.loc.gov/cgi-
`
`bin/Pwebrecon.cgi?v1=11&ti=1,11&Search%5FArg=Guichard%2C%20J&
`
`Search%5FCode=NALL&CNT=25&PID=ak7LQCNUVzecGBxeb8G9h69k
`
`K6mX&SEQ=20220509192325&SID=5, Appendix T.
`
`V.
`
`24.
`
`ANALYSIS
`A.
`RFC 760 (Ex.1028)
`In preparing this declaration, I searched the RFC Editor system for records
`
`because this system provides access to the RFC (Request for Comments) Series that
`
`“contains
`
`technical and organizational documents about
`
`the
`
`Internet”
`
`(https://www.rfc-editor.org). The RFC History webpage indicates that the RFC
`
`“series was originated in 1969 by Steve Crocker of UCLA, to organize the working
`
`notes of the new ARPAnet research program. Online data access (e.g., FTP) was
`
`defined in early RFCs, and the RFC series itself became the first online publication
`
`series. … The RFC Editor operation was funded by the Defense Advanced Research
`
`Projects Agency (DARPA) of the US government until 1998. From 1998, the RFC
`
`Editor was funded by a contract with the Internet Society, to continue to edit, publish,
`
`and catalog RFCs. The RFC Editor was a project at the USC Information Sciences
`
`Institute in Marina del Rey, California, through 2009. Currently, the RFC Production
`
`16
`
`Zoho Corp. and Zoho Corp. Pvt., Ltd.
`Exhibit 1011 – 020
`
`
`
`Center and Publisher functions are provided by Association Management Solutions,
`
`LLC (AMS)” (https://www.rfc-editor.org/history/). Experts in my field would
`
`reasonably rely upon RFC Editor records in forming their opinions.
`
`25. Ex.1028 is a true and correct copy of the PDF version of RFC 760 that is
`
`available at https://www.rfc-editor.org/rfc/pdfrfc/rfc760.txt.pdf. I obtained this
`
`document on May 2, 2022, by following a link in the RFC Editor record for RFC
`
`760 (Appendix B). The cover of Ex.1028 shows “DOD STANDARD INTERNET
`
`PROTOCOL” as the title, followed by “January 1980” and a statement indicating it
`
`was “prepared for Defense Advanced Research Projects Agency” by the
`
`“Information Sciences Institute, University of Southern California.” The Preface
`
`(internal page iii) of Ex.1028 identifies “Jon Postel” as the editor, stating further that
`
`the “document specifies the DoD Standard Internet Protocol” and “is based on five
`
`earlier editions of the ARPA Internet Protocol Specification.”
`
`26.
`
`This copy of RFC 760 (Ex.1028) is in a condition that creates no suspicion
`
`about its authenticity. Specifically, the text on the pages flows seamlessly from one
`
`page to the next, and there are no visible alterations to the work. Moreover, Ex.1028
`
`was found in the custody of the RFC Editor System, a place where, if authentic, it
`
`would likely be found. I therefore see no reason to question the authenticity of this
`
`copy of RFC 760 (Ex.1028).
`
`17
`
`Zoho Corp. and Zoho Corp. Pvt., Ltd.
`Exhibit 1011 – 021
`
`
`
`27. Appendix B is a true and correct copy of the RFC Editor record for RFC 760
`
`that I retrieved on May 2, 2022, from the RFC Editor system, using it to obtain
`
`Ex.1028. The record shows that the DOI (digital object identifier) of RFC 760 is
`
`“10.17487/RFC0760.” It identifies the title of RFC 760 as “DoD Standard Internet
`
`Protocol,” the publication date as “January 1980,” and the author as “J. Postel.” The
`
`record provides links to the plain text version, the PDF version, and the HTML
`
`version of RFC 760, and tracks the history of RFC 760, indicating it was obsoleted
`
`by RFC 791 and updated by RFC 777.
`
`1.
`
`Actual Usage
`
`28. Actual usage of a publication is reflected by papers that make reference to it.
`
`My research on Google Scholar has identified at least four documents published
`
`from 1980 to1983 that cite RFC 760 (January 1980), and the earliest citing document
`
`was published in “October 1980”:
`
`a.
`
`Cerf, V. G. (October 1980), “Comments on NCP/TCP mail service
`
`transition strategy” (RFC 773);
`
`b.
`
`Su, Z. (May 1981), “Specification of the Internet Protocol (IP)
`
`timestamp option” (RFC 781);
`
`c.
`
`Chou, W. ed. (1983), Computer Communications. Vol. 1 Principles,
`
`Prentice Hall, ISBN: 0131650432; and
`
`18
`
`Zoho Corp. and Zoho Corp. Pvt., Ltd.
`Exhibit 1011 – 022
`
`
`
`d.
`
`Cahn, D. U., & Yen, A. C. (1983, July), A device-independent network
`
`graphics system, ACM SIGGRAPH Computer Graphics, vol. 17, no. 3, pp.
`
`167-173, ACM.
`
`RFC 791 (Ex.1029)
`B.
`29. Ex.1029 is a true and correct copy of the PDF version of RFC 791 that is
`
`available at https://www.rfc-editor.org/rfc/pdfrfc/rfc791.txt.pdf. I obtained this
`
`document on May 2, 2022, by following a link in the RFC Editor record for RFC
`
`791 (Appendix C). The cover of Ex.1029 shows “INTERNET PROTOCOL
`
`DARPA INTERNET PROGRAM PROTOCOL SPECIFICATION” as the title,
`
`followed by “September 1981” and a statement indicating it was “prepared for
`
`Defense Advanced Research Projects Agency” by the “Information Sciences
`
`Institute, University of Southern California.” The Preface (internal page iii) of
`
`Ex.1029 identifies “Jon Postel” as the editor, stating further that the “document
`
`specifies the DoD Standard Internet Protocol” and “is based on six earlier editions
`
`of the ARPA Internet Protocol Specification.”
`
`30.
`
`This copy of RFC 791 (Ex.1029) is in a condition that creates no suspicion
`
`about its authenticity. Specifically, the text on the pages flows seamlessly from one
`
`page to the next, and there are no visible alterations to the work. Moreover, Ex.1029
`
`was found in the custody of the RFC Editor System, a place where, if authentic, it
`
`19
`
`Zoho Corp. and Zoho Corp. Pvt., Ltd.
`Exhibit 1011 – 023
`
`
`
`would likely be found. I therefore see no reason to question the authenticity of this
`
`scanned copy of RFC 791 (Ex.1029).
`
`31. Appendix C is a true and correct copy of the RFC Editor record for RFC 791
`
`that I retrieved on May 2, 2022, from the RFC Editor system, using it to obtain
`
`Ex.1029. The record shows that the DOI (digital object identifier) of RFC 7
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