UNITED STATES PATENT AND TRADEMARK OFFICE
`_________________________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`_________________________
`
`TREND MICRO, INC.
`
`v.
`
`TAASERA LICENSING LLC.
`_________________________
`
`Petition for Inter Partes Review of
`
`U.S. Patent No. 8,327,441
`
`_________________________
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`DECLARATION OF INGRID HSIEH-YEE, PH.D.
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`Trend Micro, Inc.
`EX1007-1
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`_________________________
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`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`_________________________
`
`TREND MICRO, INC.
`
`v.
`
`TAASERA LICENSING LLC.
`_________________________
`
`Petition for Inter Partes Review of
`
`U.S. Patent No. 8,327,441
`
`_________________________
`
`DECLARATION OF INGRID HSIEH-YEE, PH.D.
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`Trend Micro, Inc.
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`I.
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`TABLE OF CONTENTS
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`Introduction .................................................................................................... 3
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`A. Qualifications and Professional Experience ........................................ 3
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`B.
`
`C.
`
`D.
`
`Scope of This Declaration .................................................................. 11
`
`Person of Ordinary Skills in the Art .................................................. 12
`
`Evidence Considered in Forming My Opinions ................................ 13
`
`II.
`
`Authenticity and Public Availability of Munetoh (EX1005) ....................... 15
`
`A. Authentication .................................................................................... 15
`
`B.
`
`C.
`
`Linda Hall Library Copy .................................................................... 16
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`Linda Hall Library Records ............................................................... 18
`
`D. Usage Record ..................................................................................... 20
`
`E.
`
`Summary of My Opinion on Munetoh ............................................... 20
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`III. Authenticity and Public Availability of Rajan (EX1006) ............................ 21
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`A. Authentication .................................................................................... 21
`
`B.
`
`C.
`
`University of Texas at Austin Library Copy ...................................... 22
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`University of Texas at Austin Library Records ................................. 24
`
`D. Usage Record ..................................................................................... 28
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`E.
`
`Summary of My Opinion on Rajan ................................................... 28
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`IV. Conclusion .................................................................................................... 29
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`I.
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`Introduction
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`I, Ingrid Hsieh-Yee, Ph.D., do hereby declare as follows:
`
`1.
`
`I have personal knowledge of all of the matters about which I testify in
`
`this declaration.
`
`2.
`
`I have been retained as an independent expert witness on behalf of
`
`Trend Micro, Inc. (“TREND”) for proceedings before the United States Patent and
`
`Trademark Office (“PTO”) regarding the authenticity and public availability of
`
`certain prior art references in relation to US Patent No. 8,327,441 (“the ’441 patent”).
`
`3.
`
`I am being compensated for my work in this matter at my customary
`
`hourly rate. I am also being reimbursed for any reasonable expenses associated with
`
`my work and testimony in this investigation. My compensation is not contingent on
`
`the results of my study, the substance of my opinions, or the outcome of this matter.
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`A. Qualifications and Professional Experience
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`4. My complete qualifications and professional experience are described
`
`in my academic curriculum vitae (Appendix A). The following is a brief summary
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`of my relevant qualifications and professional experience.
`
`5.
`
`In 2022 I was conferred the title of Professor Emerita after 32 years as
`
`a professor in the Department of Library and Information Science of the Catholic
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`University of America. I have experience working in an academic library, a medical
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`library, and a legislative library. I hold a Ph.D. in Library and Information Studies
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`from the University of Wisconsin-Madison and a Masters in Library and Information
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`Studies from the University of Wisconsin-Madison.
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`6.
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`I am an expert on library cataloging and classification and have
`
`published two editions on this subject, Organizing Audiovisual and Electronic
`
`Resources for Access: A Cataloging Guide (2000 and 2006). 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
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`metadata schema design and implementation. In my teaching I covered the design
`
`and implementation of metadata in libraries, databases, search engines, digital
`
`repositories, digital libraries, and digital archives. I also covered how information
`
`organization affects the discovery and access to digital resources on the Internet. My
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`research interests cover cataloging and classification, information organization,
`
`metadata, information retrieval, information architecture, digital collections,
`
`scholarly communication, social media, user interaction with information systems,
`
`and others.
`
`7.
`
`I am very familiar with a library cataloging encoding standard known
`
`as the “Machine-Readable Cataloging” standard, also known as “MARC,” which
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`became the national standard for sharing bibliographic data in the United States by
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`1971 and the international standard by 1973. MARC is the primary communications
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`protocol for the transfer and storage of bibliographic metadata in libraries. Experts
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`in my field reasonably rely upon MARC records when forming their opinions.
`
`8.
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`A MARC record consists of 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 follows. Appendix B is a
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`true and correct copy of Parts VII to X of “Understanding MARC Bibliographic:
`
`Machine-Readable Cataloging”
`
`(http://www.loc.gov/marc/umb/um07to10.html)
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`from Library of Congress. Understanding MARC Bibliographic was originally
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`published by the Follett Software Co. and copyrighted in 1988. Editions in 1989,
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`1990, 1994, 1998, 2000, 2003 and 2009 include changes. The latest edition was
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`copyrighted in 2009. This document 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, the physical volume and
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`characteristics of a publication are recorded in Field 300, and topical subjects are
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`recorded in Fields 650.
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`9.
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`The Online Computer Library Center (OCLC)
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`is
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`the
`
`largest
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`bibliographic network of the world, with more than 554 million records and
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`thousands of member institutions (many of which are libraries of some type) in more
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`than 100 countries. OCLC was founded in 1967 to promote and support library
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`cooperation. According to the “Third Article, Amended Articles of Incorporation of
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`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
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`and products for the benefit of library users and libraries, including such objectives
`
`as increasing availability of library resources to individual library patrons and
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`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
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`worldwide scientific, literary and educational knowledge and information” (source:
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`https://www.oclc.org/content/dam/oclc/membership/articles-of-incorporation.pdf).
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`10. 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
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`can create an original MARC record for the work in OCLC’s Connexion system (a
`
`system for catalogers to create and share MARC records), and the system will
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`automatically generate a code for the date of record creation in the yymmdd format,
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`and the creating library’s OCLC symbol is recorded in subfield “a” of Field 040.
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`Once the MARC record is in Connexion, it becomes available to other OCLC
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`members for adoption to their local online catalogs (i.e., copy cataloging).
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`11. After a MARC record is created in Connexion, it also becomes
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`searchable and viewable on WorldCat, which is a free web portal for users to explore
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`more than 10,000 libraries worldwide. The record in WorldCat, however, is not
`
`presented in MARC fields. Instead, the data elements are labeled to help users
`
`interpret the record. Thus, the information stored in MARC records in Connexion
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`is available to the interested public through the user-friendly WorldCat web portal.
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`12. WorldCat (http://www.worldcat.org) is “the world’s largest network of
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`library content and services” and its features are summarized in “About WorldCat”
`
`(https://www.worldcat.org/about). WorldCat began operation in January 1998 as a
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`free web portal to more than 10,000 library collections worldwide. Through
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`WorldCat, users can search for information resources in their local libraries and
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`libraries around the world. WorldCat allows users to search for books, CDs, videos,
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`and many new types of digital content, such as audiobooks, in many languages.
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`Users can also retrieve research materials and article citations with links to their full
`
`text. After an item is retrieved, WorldCat helps users identify a library nearby that
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`holds the item or all the libraries that hold the item. WorldCat is an efficient way to
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`explore the content held by more than 10,000 libraries around the world. WorldCat
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`is publicly accessible, and there is no fee to conduct searches on WorldCat.
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`13. Library online catalogs gained acceptance in the early 1980s and many
`
`libraries migrated their systems to the World Wide Web in the mid-1990s. Library
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`online catalogs are based on MARC records that represent their collections in order
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`to help the public understand what materials are publicly accessible in those
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`libraries. Most libraries with online catalogs have made their catalogs freely
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`available on the Web. These online catalogs offer user-friendly search interfaces.
`
`Strong user interest in keyword searches and the popularity of Google have led to
`
`the “googlization” of library search systems. As a result, many library catalogs now
`
`provide a single search box for users to conduct keyword searches, with additional
`
`support for searches by author, title, subject terms, and other data elements such as
`
`ISBN (International Standard Book Number). Library catalogs these days also offer
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`features for users to narrow their search results by language, year, format, and other
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`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
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`offer the option to display MARC records in MARC fields.
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`14. Libraries create MARC records for works they acquire, including
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`books, serials, motion pictures, and publications in other formats. Monograph
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`cataloging is fairly common in libraries, and most libraries make a newly cataloged
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`monograph available to the public soon after the cataloging work is completed,
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`usually within a week. Libraries can create original cataloging records or use an
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`existing record in OCLC to create a copy cataloging record. As soon as the
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`cataloging record is completed, it is added to the library’s online catalog for users.
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`If the record is an original record, it is also entered into the OCLC system. If it is a
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`copy cataloging record, the library’s holding symbol is attached to the existing
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`original record in the OCLC system to facilitate searching and interlibrary loan.
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`15. The cataloging of serials and the serial check-in process are discussed
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`here to show how libraries usually provide access to newly received serial issues.
`
`According to the glossary of the RDA: Resource Description and Access cataloging
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`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, and the serial record
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`(encoded in MARC) typically provides information on the beginning date and
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`frequency of the serial, not the dates of individual issues. In other words, libraries
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`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
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`date of a new serial issue with the public. Some libraries use a date stamp, some affix
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`a label to indicate the receipt date, some pencil in the receipt date, and some do not
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`provide the information to the public.
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`16. The serial check-in process usually takes less than an hour, and one of
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`the steps involves placing a date stamp on the new issue to document the date the
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`issue is checked in. After that, the holdings information of the serial is updated in
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`the library’s catalog so that users know which issues are available for request or
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`access. After serial check-in is completed, the new issue is placed on the shelf with
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`the previous issues of the serial. Libraries with a public periodical room typically
`
`place new issues in the periodical room for easy user access. Because information
`
`presented in serials often reflects latest discovery, a general practice of libraries is to
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`make new issues of serials available for user access soon after they are checked in,
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`usually within a week.
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`17.
`
`I am personally familiar with many online catalogs, databases, and
`
`search engines. In preparing for this declaration, I used the following authoritative
`
`information systems to search for records:
`
`• Google Scholar (https://scholar.google.com)
`
`• IEEE Xplore Digital Library (https://ieeexplore.ieee.org/Xplore/home.jsp)
`
`• Online catalog of the library of the University of Texas at Austin
`
`(https://search.lib.utexas.edu)
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`• Online
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`catalog
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`of
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`the
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`Linda
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`Hall
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`Library
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`(https://catalog.lindahall.org/discovery/search?vid=01LINDAHALL_INS
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`T:LHL)
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`• WorldCat (https://www.worldcat.org)
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`B.
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`18.
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`Scope of This Declaration
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`I have been asked to offer opinions on the authenticity and public
`
`availability date of the following documents:
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`Munetoh, S., Nakamura, M., Yoshihama, S., & Kudo, M., (2008, May),
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`“Integrity management infrastructure for trusted computing,” IEICE
`
`Transactions on Information and Systems, vol. 91, no. 5, pp. 1242-
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`1251, EX1005 (“Munetoh”);
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`
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`Rajan, H., & Hosamani, M., (2008), “Tisa: Toward trustworthy services
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`in a service-oriented architecture,” IEEE Transactions on Services
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`Computing, vol. 1, no. 4, pp. 201-213, EX1006 (“Rajan”).
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`19.
`
`I am rendering my expert opinion on the authenticity of the documents
`
`referenced herein and on whether they were published. I will provide my opinion on
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`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
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`retrieved these documents.
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`20.
`
`I am informed by counsel that an item is considered authentic if there
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`is sufficient evidence to support a finding that the item is what it is claimed to be. I
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`am also informed that authenticity can be established based on the contents of the
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`documents themselves, such as the appearance, content, substance, internal patterns,
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`protocols followed or other distinctive characteristics of the item.
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`21.
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`I am informed by counsel that a given reference is “published” if it is
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`publicly accessible upon a satisfactory showing that such a document has been
`
`disseminated or otherwise made publicly available to the extent that persons
`
`interested and ordinarily skilled in the subject matter or art could locate it exercising
`
`reasonable diligence and obtain the document. 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
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`the references available and accessible to members of the interested public.
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`22.
`
`I have been informed by counsel that the ’441 patent was filed in the
`
`United States on February 17, 2012, and that it claims priority to the provisional
`
`application filed on February 17, 2011. I have assessed public accessibility of the
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`documents referenced below as of this claimed priority date.
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`C.
`23.
`
`Person of Ordinary Skills in the Art
`I am told by counsel that the subject matter of this article relates to a
`
`system and method to provide attestation of applications at runtime.
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`24.
`
`I have been informed by counsel that a “person having ordinary skill in
`
`the art at the time of the inventions” (PHOSITA) is a hypothetical person who is
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`presumed to be familiar with the relevant field and its literature at the time of the
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`inventions. This hypothetical person is also a person of ordinary creativity, capable
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`of understanding the scientific principles and literature applicable to the pertinent
`
`field.
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`25.
`
`I am told by counsel that persons of ordinary skill in this subject matter
`
`or art would have had a bachelor’s degree in computer science, or a related field, or
`
`an equivalent technical degree or equivalent work experience, and an additional one
`
`to two years of education or experience in the field of computer security topics such
`
`as malware/exploit detection and/or network forensics. More education can
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`supplement practical experience and vice versa.
`
`26.
`
`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 least February 17, 2011, such a person would have
`
`had access to a vast array of print and electronic resources, including at least the
`
`documents referenced below.
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`D. Evidence Considered in Forming My Opinions
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`27.
`
`In the preparation of this declaration, I have reviewed the documents
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`referenced below and any other documents I reference herein, and each of these is a
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`type of material that experts in my field would reasonably rely upon when forming
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`their opinions:
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`(1) The document referenced above in Section I.B;
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`(2) Library copy of Munetoh, obtained from Linda Hall Library,
`Appendix 1005A;
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`(3) Bibliographic and MARC records for IEICE Transactions on
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`Information and Systems that contains Munetoh, available at
`
`https://catalog.lindahall.org/permalink/01LINDAHALL_INST/19l
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`da7s/alma992684223405961 from the online catalog of the Linda
`
`Hall Library, accessed and obtained on March 24, 2023, Appendix
`
`1005B;
`
`(4) Citations to Munetoh, obtained from Google Scholar, Appendix
`1005C;
`
`(5) Library copy of Rajan, obtained from the library of the University
`
`of Texas at Austin, Appendix 1006A;
`
`
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`(6) Bibliographic and MARC records for IEEE Transactions on
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`Services Computing
`
`that
`
`contains Rajan,
`
`available
`
`at
`
`https://search.lib.utexas.edu/permalink/01UTAU_INST/19i7hhk/al
`
`ma991024341559706011 from the online catalog of the library of
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`the University of Texas, Austin, accessed and obtained on March
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`24, 2023, Appendix 1006B.
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`These records are identified and discussed in this declaration. Experts in the field
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`would reasonably rely on the data described herein to form their opinions.
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`II. Authenticity and Public Availability of Munetoh (EX1005)
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`A. Authentication
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`28. EX1005 is a true and correct copy of “Integrity management
`
`infrastructure for trusted computing,” (“Munetoh”), by Munetoh et al., IEICE
`
`Transactions on Information and Systems, vol. 91, no. 5 (2008, May), pp. 1242-
`
`1251, that I obtained from the Institute of Electronics, Information and
`
`Communication Engineers (IEICE) of Japan. When I began preparing this
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`declaration, I searched Google Scholar for Munetoh for records, and a record link
`
`led me
`
`to
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`an
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`IEICE metadata
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`record
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`for
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`this
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`article
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`at
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`https://search.ieice.org/bin/summary.php?id=e91-d_5_1242. I then followed the
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`PDF link in the record to purchase this article from the publisher. This IEICE copy
`
`is presented as EX1005 in this declaration.
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`29. EX1005 is a true and correct copy of Munetoh obtained from IEICE.
`
`Page 1 (internal page 1242) shows the title, authors, summary and key words
`
`(“trusted computing, integrity management, vulnerability management”) of this
`
`article. The top of this page indicates Munetoh is an invited paper for the “Special
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`Section on Information and Communication System Security” and appears in
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`“IEICE TRANS. INF. & SYST., VOL.E91-D, NO.5 May 2008.” The bottom of this
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`page shows the manuscript was received on November 27, 2007, the article DOI
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`(Digital Object Identifier) is “10.1093/ietisy/e91-d.5.1242,” the article carries a
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`“2008” copyright date, and The Institute of Electronics, Information and
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`Communication Engineers is the copyright holder. EX1005 shows Munetoh has a
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`total of 10 pages, including six figures, two tables and 27 references.
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`30. EX1005 is in a condition that creates no suspicion about its
`
`authenticity. Specifically, this copy is not missing any intermediate pages, the text
`
`on each page appears to flow seamlessly from one page to the next, and there are no
`
`visible alterations to the document. Moreover, EX1005 was found in the custody of
`
`the publisher, a place where, if authentic, it would likely be found. Accordingly, I
`
`see no reason to question the authenticity of the IEICE copy of Munetoh (EX1005).
`
`B.
`
`Linda Hall Library Copy
`
`31. To determine if Munetoh was available in libraries, I searched
`
`WorldCat for records for IEICE Transactions on Information and Systems that
`
`contains Munetoh,
`
`and
`
`found
`
`a
`
`record
`
`for
`
`this
`
`journal
`
`at
`
`https://www.worldcat.org/title/25533102 that identifies Linda Hall Library as one
`
`of the holding libraries. After I verified the holdings information in the library’s
`
`online catalog, I requested a copy of Munetoh from their Document Delivery
`
`Service. This library copy is presented as Appendix 1005A in this declaration.
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`32. Appendix 1005A is a true and correct copy of Munetoh obtained from
`
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`Linda Hall Library. Pages 1 to 10 (internal pages 1242 to 1251) are the full text of
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`this article. I have closely compared this copy with the publisher copy (EX1005) and
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`found them to have the same content.
`
`33. Page 11 is the issue cover that shows the journal title, ISSN, and the
`
`issue number. It also shows this journal is a publication of the Information and
`
`Systems Society of the Institute of Electronics, Information and Communication
`
`Engineers of Japan. The issue cover carries a date stamp of “Linda Hall Library JUN
`
`09 2008” that indicates this issue was received by the library on June 9, 2008. This
`
`cover also shows the issue is a “Special Section on Information and Communication
`
`System Security” and Munetoh is an invited paper that runs from internal pages 1242
`
`to 1251. Pages 11 to 13 show the table of contents of this issue and page 13 shows
`
`this issue has a “2008” copyright with the IEICE as the copyright holder.
`
`34. The date stamp on the issue cover (page 11 of Appendix 1005A) shows
`
`Linda Hall Library received this issue on June 9, 2008. As discussed earlier, a
`
`customary library practice in managing journal issues is to create a record for the
`
`entire journal, and use a serial check-in system to document the receipt of a new
`
`journal issue. After a newly received issue goes through the serial check-in process,
`
`it is processed promptly to make it available for user access, usually within a week
`
`after serial check-in. It is therefore my opinion that after the issue containing
`
`Munetoh was received by the library on June 9, 2008, the copy would have become
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`publicly accessible no later than June 16, 2008.
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`C.
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`Linda Hall Library Records
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`35. Appendix 1005B is a true and correct copy of the bibliographic and
`
`MARC records for IEICE Transactions on Information and Systems that contains
`
`Munetoh. I personally located, identified and obtained these records from the online
`
`catalog of the Linda Hall Library. These are the type of records experts in my field
`
`would reasonably rely upon when forming their opinions.
`
`36. Pages 1 to 3 of Appendix 1005B are the bibliographic record that
`
`shows this publication is a journal that is available at “Linda Hall Library Closed
`
`Stacks – Serials (I.E.I.C.E. transactions on information and systems).” The record
`
`also shows the title, other titles, creator, subject, identifiers, related title, publisher,
`
`creation date, format, publication frequency, and general notes.
`
`37. Page 4 is the MARC record for this journal. The first six digits of Field
`
`008 show the record was created on “920326” (i.e., March 26, 1992), and the
`
`“c19929999” code following the record creation date indicates this journal is a
`
`continuing resource that began publication in 1992 and has no end date of
`
`publication yet. Subfields “a” and “c” of Field 040 show that this MARC record was
`
`first created by “COD” and subfield “d” shows “LHL” modified the record later.
`
`According
`
`to
`
`the
`
`Directory
`
`of
`
`OCLC
`
`Members
`
`(https://www.oclc.org/en/contacts/libraries.html), COD is the OCLC library symbol
`
`
`
`18
`
`Trend Micro, Inc.
`EX1007-18
`
`
`
`for the University of Colorado at Boulder, and LHL is the OCLC library symbol for
`
`the Linda Hall Library. Data in Fields 008 and 040 inform my opinion that the library
`
`of the University of Colorado at Boulder cataloged this journal and created the
`
`original MARC record on March 26, 1992, and Linda Hall Library used that record
`
`to create their copy cataloging record later.
`
`38. Field 022 of the MARC record shows the ISSN of this journal, Field
`
`245 shows the title, Fields 246 show three variant titles are included to help users
`
`discover this journal, Field 260 shows the Institute of Electronics, Information and
`
`Communication Engineers of Tokyo, Japan has been the publisher since 1992, Field
`
`362 shows the journal began with “Vol. E75-D, no. 1” in January 1992, and Field
`
`310 shows the current publication frequency is “Bimonthly.” Field 710 shows the
`
`Japanese name of IEICE is included in the MARC record to help users discover this
`
`journal. The original MARC record includes a Library of Congress Classification
`
`number in Field 050, but Linda Hall Library does not use this number because they
`
`shelve journal by title. Subject of this journal is represented in Field 650 by a Library
`
`of Congress subject heading, with “Information technology” as the main heading,
`
`followed by a form subheading “Periodicals” encoded in subfield “v” (“$v”) to
`
`indicate the main topic is treated in a journal.
`
`39. This MARC record (Appendix 1005B) shows the journal containing
`
`Munetoh is a long-running journal, and the MARC record has made it discoverable
`
`
`
`19
`
`Trend Micro, Inc.
`EX1007-19
`
`
`
`in the library catalog of the Linda Hall Library. Because the date stamp on the Linda
`
`Hall Library copy of Munetoh (Appendix 1005A) shows the issue containing this
`
`article was received by the library on June 9, 2008, interested users would have been
`
`able to search for this journal in the library catalog by at least June 9, 2008. Interested
`
`users would have been able to discover this journal by the ISSN, title, variant titles,
`
`publisher, and the subject heading in the MARC record. The physical copy would
`
`have become publicly accessible by June 16, 2008, at Linda Hall Library.
`
`D. Usage Record
`
`40. Actual usage of a publication is reflected by the papers that make
`
`reference to it. The citation history on Google Scholar shows Munetoh has been
`
`cited 12 times. Appendix 1005C is a citation list I compiled from Google Scholar
`
`to demonstrate early usage. The earliest citation appeared in October 2008.
`
`E.
`
`Summary of My Opinion on Munetoh
`
`41. The date stamp on the Linda Hall Library copy of Munetoh (Appendix
`
`1005A) shows the library received the journal issue containing this article on June
`
`9, 2008. It is therefore my opinion that vol. 91, no. 5 (2008, May) of IEICE
`
`Transactions on Information and Systems (and Munetoh contained therein) would
`
`have been publicly accessible by June 16, 2008. Citation history shows the earliest
`
`citation was published by IEEE in October 2008.
`
`
`
`20
`
`Trend Micro, Inc.
`EX1007-20
`
`
`
`III. Authenticity and Public Availability of Rajan (EX1006)
`
`A. Authentication
`
`42. EX1006 is a true and correct copy of “Tisa: Toward trustworthy
`
`services in a service-oriented architecture,” (“Rajan”), by H. Rajan and M.
`
`Hosamani, IEEE Transactions on Services Computing, vol. 1, no. 4, (October-
`
`December 2008), pp. 201-213, that I obtained from IEEE Explore of the Electrical
`
`and Electronics Engineers, Inc. (IEEE). When I began preparing this declaration, I
`
`searched Google Scholar by the title of Rajan for records, and a link led me to an
`
`IEEE
`
`metadata
`
`record
`
`for
`
`this
`
`article
`
`at
`
`https://ieeexplore.ieee.org/abstract/document/4731232 that shows this article was
`
`published in vol. 1, issue 4 (Oct.-Dec. 2008) of IEEE Transactions on Services
`
`Computing, and its DOI (digital object identifier) is “10.1109/TSC.2008.18.” I then
`
`followed the PDF link in this record to purchase this article. This IEEE copy is
`
`presented as EX1006 in this declaration.
`
`43. EX1006 is a true and correct copy of Rajan obtained from IEEE. Page
`
`1 (internal page 201) shows the title, authors, abstract, and index terms (“Service-
`
`Oriented Architecture (SOA), Web services, verification, trust, client-side data
`
`privacy”) of this article. The page also shows the publication history of this work,
`
`indicating the manuscript was “received 29 Feb. 2008; revised 28 July 2008;
`
`accepted 10 Dec. 2008;” and “published online 18 Dec. 2008.” The bottom of this
`
`
`
`21
`
`Trend Micro, Inc.
`EX1007-21
`
`
`
`page shows this article’s Digital Object Identifier as “10.1109/TSC.2008.18.” It also
`
`shows Rajan appears in a journal whose ISSN (International Standard Serial
`
`Number) is “1939-1374” and is published by the IEEE Computer Society. Page 1
`
`also shows Rajan carries a “2008” copyright date, and IEEE is the copyright holder.
`
`EX1006 shows Rajan has a total of 13 pages, including five figures, three tables,
`
`and 51 references.
`
`44. EX1006 is in a condition that creates no suspicion about its
`
`authenticity. Specifically, this copy is not missing any intermediate pages, the text
`
`on each page appears to flow seamlessly from one page to the next, and there are no
`
`visible alterations to the document. Moreover, EX1006 was found in the custody of
`
`a digital library owned and managed by the publisher, a place where, if authentic, it
`
`would likely be found. Accordingly, I see no reason to question the authenticity of
`
`the IEEE copy of Rajan (EX1006).
`
`B. University of Texas at Austin Library Copy
`
`45. To determine the public availability of Rajan in libraries, I searched
`
`WorldCat by IEEE Transactions on Services Computing that contains Rajan for
`
`records and located a record at https://www.worldcat.org/title/155852903 that show
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