UNITED STATES PATENT AND TRADEMARK OFFICE
`__________________________________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`__________________________________
`
`AMAZON.COM, INC.,
`Petitioner,
`
`v.
`
`JAWBONE INNOVATIONS, LLC,
`Patent Owner.
`
`IPR2023-00251
`U.S. Patent No. 11,122,357
`
`DECLARATION OF CAROL S. PETERSON REGARDING
` BRANDSTEIN, GANNOT, GRIFFITHS-JIM, and MCCOWAN
`
`Meta Platforms, Inc. Exhibit 1013
`Page i of 226
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`
`__________________________________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`__________________________________
`
`AMAZON.COM, INC.,
`Petitioner,
`
`v.
`
`JAWBONE INNOVATIONS, LLC,
`Patent Owner.
`
`IPR2023-00251
`U.S. Patent No. 11,122,357
`
`DECLARATION OF CAROL S. PETERSON REGARDING
` BRANDSTEIN, GANNOT, GRIFFITHS-JIM, and MCCOWAN
`
`Meta Platforms, Inc. Exhibit 1013
`Page i of 226
`
`
`
`
`
`I, Carol S. Peterson, state and declare as follows:
`
`I.
`
`Introduction
`
`1.
`
`I am currently a Research Librarian with the law firm of Knobbe,
`
`Martens, Olson & Bear, LLP, located at 2040 Main Street, 14th Floor, Irvine, CA
`
`92614.
`
`2.
`
`I am over eighteen years of age. I am competent to make this
`
`Declaration, and I make this Declaration based on my own personal knowledge as
`
`well as my knowledge of library science practices.
`
`3.
`
`I earned a Master of Library Science from the University of California,
`
`Los Angeles in 1979 and a Bachelors in English from the University of California,
`
`Davis, in 1977. I have worked as a research librarian at Knobbe, Martens, Olson &
`
`Bear for approximately 40 years.
`
`4.
`
`I understand that a petition for inter partes review of U.S. Patent No.
`
`11,122,357 will be filed concurrently with this Declaration.
`
`5.
`
`I understand that Exhibit 1003 of the concurrently filed petition is a
`
`copy excerpts from MICROPHONE ARRAYS: SIGNAL PROCESSING TECHNIQUES AND
`
`APPLICATIONS (Michael Brandstein & Darren Ward eds., Springer 2001)
`
`(“Brandstein”).
`
`6.
`
`Appendix A to this Declaration is a true and correct copy of the title
`
`page, bibliographic and publication information page, preface, and excerpts from
`
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`Brandstein that was obtained from the University of California, Irvine Library. I
`
`have reviewed Exhibit 1003 of the concurrently filed petition and Appendix A, and,
`
`based on this review, it is my opinion that Exhibit 1003 is a true and correct copy of
`
`Brandstein.
`
`7.
`
`Exhibit 1004 of the concurrently filed petition is a true and accurate
`
`copy of Sharon Gannot et al., Signal Enhancement Using Beamforming and
`
`Nonstationarity with Applications to Speech, vol. 49, no. 8 IEEE TRANSACTIONS ON
`
`SIGNAL PROCESSING, 1614 (Aug. 2001) (“Gannot”) that was obtained from the
`
`University of California, Los Angeles Library.
`
`8.
`
`Exhibit 1005 of the concurrently filed petition is a true and accurate
`
`copy of Lloyd Griffiths & Charles Jim, An Alternative Approach to Linearly
`
`Constrained Adaptive Beamforming, vol. AP-30, no. 1 IEEE TRANSACTIONS ON
`
`ANTENNAS AND PROPAGATION, 27 (Jan. 1982) (“Griffiths-Jim”) that was obtained
`
`from the University of California, Los Angeles Library.
`
`9.
`
`I understand that Exhibit 1006 of the concurrently filed petition is copy
`
`of Iain A. McCowan et al., Near-Field Adaptive Beamformer for Robust Speech
`
`Recognition, vol. 12, no. 1 DIGITAL SIGNAL PROCESSING, 87 (Jan. 2002)
`
`(“McCowan”).
`
`10. Appendix R to this Declaration is a true and accurate copy of excerpts
`
`of vol. 12, no. 1 of Digital Signal Processing including McCowan that was obtained
`
`-2-
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`from the Stanford University Library. I have reviewed Exhibit 1006 and Appendix
`
`R, and, based on this review, it is my opinion that Exhibit 1006 is a true and correct
`
`copy of McCowan.
`
`Standard Library Practices for Making Materials Publicly Available
`II.
`I have personal knowledge of standard library practices for making
`11.
`
`materials available to the public.
`
`12.
`
`I have knowledge of and experience with the Machine-Readable
`
`Cataloging (MARC) system, an industry-wide standard that libraries use to catalog
`
`materials. Since at least 1980, MARC has been the international standard for
`
`cataloging bibliographic data in libraries’ systems. Each MARC record contains
`
`fields that provide specific information about how cataloged items are held and made
`
`available to the public. MARC records can be accessed through many libraries’
`
`electronic cataloging systems.
`
`III. MARC Records
`
`13. The MARC record system uses a specific three-digit numeric code
`
`(from 001-999) to identify each field in a catalog record. For example:
`
`a. field tag 008 provides bibliographic information and includes the
`
`six-digit date of when the
`
`item was cataloged
`
`in the
`
`“YYMMDD” format (Date entered on file), the four-digit year
`
`of the item’s publication date;
`
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`b. field tag 022 provides the International Standard Serial Number
`
`(ISSN), which is a unique identification number assigned to
`
`serial publications;
`
`c. field tag 245 identifies the full title statement for the work;
`
`d. field tags 260 and 264 provide publication information that often
`
`includes the place of publication, name of publisher, publication
`
`date, and copyright date of the publication;
`
`e. field tag 300 identifies the physical description, often including
`
`holdings information, for the work;
`
`f. field tag 310 provides the current publication frequency of a
`
`serial;
`
`g. field tag 362 indicates the numbering used for chronological
`
`cataloging of individual issues of a serial including information
`
`on when the serial began, which affects how issues of the serial
`
`are checked in, processed, and added to the library’s main
`
`collection; and
`
`h. field tags 9XX provide local holdings information for the
`
`resource.
`
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`14. More information about the MARC record system can be found on the
`
`Library of Congress website at:
`
`https://www.loc.gov/marc/bibliographic/bd20x24x.html.
`
`15. After an item is received by a library, the standard practice for the
`
`library is to process, catalog, date stamp, and then shelve the item. The public may
`
`then access the item by searching the catalog and either requesting a print or
`
`electronic copy of the item. If a resource is available online or electronically,
`
`standard practice is to provide a link in the library’s online catalog through which
`
`the resource can be downloaded. Standard practice is to make the item available to
`
`the public within a few days or weeks of cataloging it.
`
`IV. Serial Publications
`
`16. A serial publication, often known as a “journal,” is a resource that is
`
`periodically published in successive parts (“issues”) and has no predetermined
`
`conclusion. Each issue is usually chronologically numbered and dated. The
`
`presence of enumeration, years of coverage, and/or other chronological information
`
`also indicates a serial publication.
`
`17. There are differences between cataloging finite resources (e.g., books)
`
`and continuing resources (e.g., serial publications). For serial publications, the
`
`MARC record provides information about the serial as a whole, including the first
`
`or earliest available issue. It also provides information about the volumes and issues
`
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`held by a library, including the dates a serial publication’s issues were received by
`
`the library and the date they were made available to the public.
`
`18.
`
`Serial publications contain unique identifying characteristics that are
`
`slightly different from non-serial publications such as textbooks. The issue date for
`
`a print serial publication, for example, generally appears on the front or back cover,
`
`the masthead page, title page (if any), table of contents page(s), or on the pages of
`
`the individual articles contained in the issue. More information regarding the unique
`
`aspects of cataloging serials can be found at:
`
`https://www.loc.gov/aba/pcc/conser/scctppt/Basic-2014/Basic-Trainee-
`
`Mannual.pdf.
`
`V.
`
`Brandstein
`
`19. As detailed below, I have reviewed the University of California, Irvine
`
`Library and Library of Congress catalogs and MARC records for Brandstein.
`
`University of California, Irvine Library Records for
`Brandstein
`
`20. Appendix B to this Declaration is a true and correct copy of the
`
`University of California, Irvine Library public catalog record for Brandstein, which
`
`was downloaded from:
`
`
`
`https://uci.primo.exlibrisgroup.com/discovery/fulldisplay?docid=alma9910279580
`
`79704701&context=L&vid=01CDL_IRV_INST:UCI&lang=en.
`
`-6-
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`21. Appendix B provides the public with availability and holdings
`
`information for accessing Brandstein, including the location, scope of holdings, and
`
`call number for locating Brandstein. Appendix B provides the following
`
`information for the public to access Brandstein:
`
`Title: Microphone arrays : signal processing techniques and applications /
`
`Michael Brandstein, Darren Ward (eds.);
`
`Publication Date: 2001;
`
`Publisher: New York : Springer;
`
`ISBNs: 3540419535, 9783540419532, 3642075479, 9783642075476; and
`
`Call Number: TK5986 .M53 2001.
`
`Appendix B also indicates that the University of California, Irvine’s copy of
`
`Brandstein that is held in the Science Library and is currently out on loan until
`
`December 12, 2022. Appendix B shows that three other University of California
`
`schools have copies of Brandstein available.
`
`22. Appendix C to this Declaration is a true and accurate copy of the
`
`University of California, Irvine Library MARC record for its copy of Brandstein,
`
`which was downloaded from
`
`
`
`https://uci.primo.exlibrisgroup.com/discovery/sourceRecord?vid=01CDL_IRV_IN
`
`ST:UCI&docId=alma991027958079704701&recordOwner=01UCS_NETWORK.
`
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`23. The University of California, Irvine Library MARC record (Appendix
`
`C) for Brandstein indicates that:
`
`a. The data elements of field tag 008 (010417s2001 nyua b
`
`001 0 eng) provide the “date entered on file” for the record,
`
`which includes the six-digit date entry “010417,” indicating that
`
`the MARC record for Brandstein was created on April 17, 2001,
`
`with the character position “s” followed by “2001” indicating
`
`that the item has a single known date of publication in 2001. This
`
`denotes that Brandstein was first cataloged by the University of
`
`California, Irvine Library on April 17, 2001. Based on standard
`
`library practices, Brandstein would have been processed,
`
`cataloged, shelved, and made available to the public, on an
`
`ongoing, continuing basis, beginning a few days or weeks after
`
`April 17, 2001.
`
`b. Field tag 020 (four separate entries) provide the ISBNs for
`
`Brandstein (3540419535, 9783540419532, 3642075479, and
`
`9783642075476).
`
`c. Field tag 245 denotes the title statement of the work as
`
`Microphone arrays:
`
`signal processing
`
`techniques and
`
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`applications, and that Michael Brandstein and Darren Ward were
`
`editors.
`
`d. Field tag 260 indicates that the work was first published or
`
`distributed in New York in 2001 and that the publisher was
`
`“Springer.”
`
`
`
`Library of Congress Records for Brandstein
`
`24. Appendix D to this Declaration is a true and correct copy of the Library
`
`of Congress public catalog record for Brandstein, which was downloaded from:
`
`
`
`https://catalog.loc.gov/vwebv/holdingsInfo?&recCount=25&recPointer=0&bibId=
`
`12382050.
`
`25. Appendix D provides the public with availability and holdings
`
`information for accessing Brandstein, including the location, scope of holdings, and
`
`call number for locating Brandstein. Appendix D provides the following
`
`information for the public to access Brandstein:
`
`Main Title: Microphone arrays : signal processing techniques and applications
`
`/ Michael Brandstein, Darren Ward (eds.);
`
`Published/Created: New York : Springer, c2001;
`
`ISBN: 3540419535; and
`
`Call Number: TK5986 .M53 2001.
`
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`Appendix D also indicates that Brandstein is available by request in the Jefferson or
`
`Adams Building Reading Rooms.
`
`26. Appendix E to this Declaration is a true and accurate copy of the
`
`Library of Congress MARC record for its copy of Brandstein, which was
`
`downloaded from: https://catalog.loc.gov/vwebv/staffView?bibId=12382050.
`
`27. The Library of Congress MARC record (Appendix E) for Brandstein
`
`indicates that:
`
`a. The data elements of field tag 008 (010417s2001 nyua b
`
`001 0 eng) provide the “date entered on file” for the record,
`
`which includes the six-digit date entry “010417,” indicating that
`
`the MARC record for Brandstein was created on April 17, 2001,
`
`with the character position “s” followed by “2001” indicating
`
`that the item has a single known date of publication in 2001. This
`
`denotes that Brandstein was first cataloged by the Library of
`
`Congress on April 17, 2001. Based on standard library practices,
`
`Brandstein would have been processed, cataloged, shelved, and
`
`made available to the public, on an ongoing, continuing basis,
`
`beginning a few days or weeks after April 17, 2001.
`
`b. Field tag 020 provides Brandstein’s ISBN (3540419535).
`
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`c. Field tag 245 denotes the title statement of the work as
`
`Microphone arrays:
`
`signal processing
`
`techniques and
`
`applications, and that Michael Brandstein and Darren Ward were
`
`editors.
`
`d. Field tag 260 indicates that the work was first published or
`
`distributed in New York in 2001 and that the publisher was
`
`“Springer.”.
`
` The Library Catalog and MARC Records are
`Consistent with Publication Information in
`Brandstein
`
`28. Appendix A indicates that the work is titled “Microphone Arrays:
`
`Signal Processing Techniques and Applications,” and that it was edited by Michael
`
`Brandstein and Darren Ward. Appendix A also provides the work’s ISBN (3-540-
`
`41953-5) and indicates that it published in 2001.
`
`29. The library catalog information and MARC records for Brandstein,
`
`discussed above, are consistent with and confirm the bibliographic and publication
`
`information provided in Appendix A.
`
`30. Based on the evidence discussed above and my understanding of
`
`standard library practices, it is my opinion that Brandstein would have been publicly
`
`available no later than a few days or weeks after April 17, 2001.
`
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`VI. Gannot
`
`31. As detailed below, I have reviewed the University of California, Los
`
`Angeles and Library of Congress catalogs and MARC records for “IEEE
`
`Transactions on Signal Processing,” the serial publication containing Gannot.
`
` University of California, Los Angeles Library
`Records for Gannot
`
`32. Appendix F to this Declaration is a true and correct copy of the
`
`University of California, Los Angeles Library catalog record for IEEE Transactions
`
`on Signal Processing, which was downloaded from:
`
`
`
`https://search.library.ucla.edu/discovery/fulldisplay?docid=alma99246023606533
`
`&context=L&vid=01UCS_LAL:UCLA&lang=en.
`
`33. Appendix F provides the public with availability and holdings
`
`information for accessing IEEE Transactions on Signal Processing, including the
`
`location, scope of holdings, and call number for locating issues of IEEE Transactions
`
`on Signal Processing. Appendix F provides the following information for the public
`
`to access IEEE Transactions on Signal Processing:
`
`Title: IEEE transactions signal processing : a publication of the IEEE Signal
`
`Processing Society;
`
`Publication Information: New York, NY : Institute of Electrical and
`
`Electronics Engineers Vol. 39, no. 1 (Jan. 1991);
`
`Type: Journal;
`
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`Frequency: Monthly; and
`
`Identifier: “ISSN: 1053-587X” and “ISSN: 1941-0476.”
`
`Appendix F also indicates that IEEE Transactions on Signal Processing is available
`
`online, and that the library may be contacted to request copies of Vol. 49, nos. 1-5
`
`and 7-12 corresponding with call number TK5981 .l59t in the “Boelter Hall Stacks.”
`
`34. Appendix G to this Declaration is a true and accurate copy of the
`
`University of California, Los Angeles Library MARC record for its copy of IEEE
`
`Transactions on Signal Processing, which was downloaded from:
`
`
`
`https://search.library.ucla.edu/discovery/sourceRecord?vid=01UCS_LAL:UCLA&
`
`docId=alma99246023606533&recordOwner=01UCS_NETWORK.
`
`35. The University of California, Los Angeles MARC record (Appendix
`
`G) provides the following information for IEEE Transactions on Signal Processing:
`
`a. The data elements of field tag 008 (901025c19919999nyumr p
`
`0 a0eng c) provide the “date entered on file” for the record,
`
`which includes the six-digit date entry “901025” that indicates
`
`that the MARC record for the serial publication was created by
`
`the University of California, Los Angeles Library no later than
`
`October 25, 1990. The character “c” followed by “19919999”
`
`indicates that the serial publication is a continuing resource that
`
`was first published in 1991 and continues to publish.
`
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`b. Field tag 022 indicates that the serial publication’s ISSN is 1053-
`
`587X.
`
`c. Field tag 245 identifies the title of the serial publication as IEEE
`
`transactions on signal processing : publication of the IEEE Signal
`
`Processing Society.
`
`d. Field tag 260 indicates that the serial publication was first
`
`published or distributed in New York by the Institute of
`
`Electrical and Electronics Engineers, and provides publication
`
`and copyright dates of “c1991-,” indicating the serial publication
`
`is still published.
`
`e. Field tag 310 indicates that the serial publication publishes
`
`monthly.
`
`f. Field tag 362 indicates that the serial publication began with
`
`Volume 39, no. 1, which published in January 1991, and does not
`
`contain an ending designation.
`
`
`
`Library of Congress Records for Gannot
`
`36. Appendix H to this Declaration is a true and correct copy of the Library
`
`of Congress record for the serial publication IEEE Transactions on Signal
`
`Processing, which was downloaded from:
`
`
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`https://catalog.loc.gov/vwebv/holdingsInfo?recCount=25&recPointer=1&bibId=11
`
`385724.
`
`37. Appendix H provides the public with availability and holdings
`
`information for accessing IEEE Transactions on Signal Processing, including the
`
`location, scope of holdings, and call number for locating issues of IEEE Transactions
`
`on Signal Processing. Appendix H provides the following information for the public
`
`to access IEEE Transactions on Signal Processing:
`
`Main Title: IEEE transactions signal processing : a publication of the IEEE
`
`Signal Processing Society;
`
`Published/Created: New York, N.Y: Institute of Electrical and Electronics
`
`Engineers, c1991-;
`
`Publication History: Vol. 39, no. 1 (Jan. 1991)-;
`
`Current Frequency: Monthly; and
`
`ISSN: 1053-587X.
`
`Appendix H also indicates that a copy with call number TK5981 .I2 is available by
`
`request in the Jefferson or Adams Building Reading Rooms.
`
`38. Appendix I to this Declaration is a true and accurate copy of the Library
`
`of Congress MARC record for its copy of the serial publication IEEE Transactions
`
`on Signal Processing, which was downloaded from:
`
`
`
`https://catalog.loc.gov/vwebv/staffView?bibId=11385724.
`
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`39. As explained below, the Library of Congress MARC record (Appendix
`
`I) provides the following information for the serial publication IEEE Transactions
`
`on Signal Processing:
`
`a. The data elements of field tag 008 (901025c19919999nyumr p
`
`0 a0eng c) provide the “date entered on file” for the record,
`
`which includes the six-digit date entry “901025” that indicates
`
`that the MARC record for the serial publication was created by
`
`the Library of Congress no later than October 25, 1990. The
`
`character “c” followed by “19919999” indicates that the serial
`
`publication is a continuing resource that was first published in
`
`1991 and continues to publish.
`
`b. Field tag 022 indicates that the serial publication’s ISSN is 1053-
`
`587X.
`
`c. Field tag 245 denotes the title of the serial publication as IEEE
`
`transactions signal processing : a publication of the IEEE Signal
`
`Processing Society.
`
`d. Field tag 260 indicates that the serial publication was first
`
`published or distributed in New York, NY by the Institute of
`
`Electrical and Electronics Engineers, and provides publication
`
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`and copyright dates of “c1991-” indicating the serial continues to
`
`publish.
`
`e. Field tag 310 indicates that the serial publication publishes issues
`
`monthly.
`
`f. Field tag 362 indicates that the serial publication began with
`
`Volume 39, no. 1, which published in January 1991, and does not
`
`contain an ending designation.
`
` The Library Catalog and MARC Records are
`Consistent with Publication Information in Gannot
`
`40. Exhibit 1004 of the concurrently filed petition indicates that the article
`
`titled “Signal Enhancement Using Beamforming and Nonstationarity with
`
`Applications to Speech” authored by Sharon Gannot et al. was published in Vol. 49,
`
`no. 8 of IEEE Transactions on Signal Processing in August 2001. Exhibit 1004 also
`
`indicates that vol. 49, no. 8 of IEEE Transactions on Signal Processing has an ISSN
`
`of 1053-587X and that it was received and date stamped by the University of
`
`California, Los Angeles on August 18, 2001, and is assigned call number TK5981
`
`l59t.
`
`41. The library holdings information and MARC records for IEEE
`
`Transactions on Signal Processing, which contains Gannot, discussed above, are
`
`consistent with and confirm the bibliographic and publication information in Exhibit
`
`1004 of the concurrently filed petition.
`
`-17-
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`Meta Platforms, Inc. Exhibit 1013
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`Amazon.com, Inc. v. Jawbone Innovations, LLC
`Declaration of Carol Peterson – U.S. Patent No. 11,122,357
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`42. Based on this evidence and my knowledge of standard library practices,
`
`it is my opinion that Gannot would have been publicly available and publicly
`
`accessible no later than a few days or weeks after August 18, 2001.
`
`VII. Griffiths-Jim
`
`43. As detailed below, I have reviewed the University of California, Los
`
`Angeles Library and Library of Congress catalogs and MARC records for “IEEE
`
`Transactions on Antennas and Propagation,” the serial publication containing
`
`Griffiths-Jim.
`
` University of California, Los Angeles Library
`Records for Griffiths-Jim
`
`44. Appendix J to this Declaration is a true and correct copy of the
`
`University of California, Los Angeles Library record for IEEE Transactions on
`
`Antennas and Propagation, which was downloaded from:
`
`https://search.library.ucla.edu/discovery/fulldisplay?docid=alma99245553606533
`
`&context=L&vid=01UCS_LAL:UCLA&lang=en.
`
`45. Appendix J provides the public with availability and holdings
`
`information for accessing IEEE Transactions on Antennas and Propagation,
`
`including the location, scope of holdings, and call number for locating issues of the
`
`serial publication. Appendix J provides the following information for the public to
`
`access IEEE Transactions on Antennas and Propagation:
`
`Title: IEEE Transactions on antennas and propagation;
`
`-18-
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`Meta Platforms, Inc. Exhibit 1013
`Page 18 of 226
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`Declaration of Carol Peterson – U.S. Patent No. 11,122,357
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`Publication Information: New York, Institute of Electrical and Electronics
`
`Engineers v. AP-11- Jan. 1963-;
`
`Creation Date: 1963;
`
`Type: Journal;
`
`Frequency: Monthly, <Jan. 1984->; and
`
`ISSNs: 0018-926X and 1558-2221.
`
`Appendix J also indicates that IEEE Transactions on Signal Processing is available
`
`online, and that the University of California, Los Angeles Library holds copies of
`
`volumes 11-50 (1963-2002) corresponding to call number TK7872.A6 l59ta in the
`
`“Boelter Hall Stacks.”
`
`46. Appendix K to this Declaration is a true and accurate copy of the
`
`University of California, Los Angeles Library MARC record for its copy of IEEE
`
`Transactions on Antennas and Propagation, which was downloaded from:
`
`
`
`https://search.library.ucla.edu/discovery/sourceRecord?vid=01UCS_LAL:UCLA&
`
`docId=alma99245553606533&recordOwner=01UCS_NETWORK.
`
`47. The University of California, Los Angeles MARC record (Appendix
`
`K) provides the following information for IEEE Transactions on Antennas and
`
`Propagation:
`
`a. The data elements of field tag 008 (751101c19639999nyumr p
`
`0 a0eng d) provide the “date entered on file” for the record,
`
`-19-
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`Declaration of Carol Peterson – U.S. Patent No. 11,122,357
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`which includes the six-digit date entry “751101” that indicates
`
`that the MARC record for the serial publication was created by
`
`the University of California, Los Angeles Library no later than
`
`November 1, 1975. The character “c” followed by “19639999”
`
`indicates that the serial publication is a continuing resource that
`
`was first published in 1963 and continues to publish.
`
`b. Field tag 022 indicates that the serial publication’s ISSN is 0018-
`
`926X.
`
`c. Field tag 245 denotes the title of the serial publication as IEEE
`
`transactions antennas and propagation.
`
`d. Field tag 260 indicates that the serial publication was first
`
`published or distributed in New York by the Institute of
`
`Electrical and Electronics Engineers.
`
`e. Field tag 310 indicates that the serial publication publishes
`
`monthly and has published monthly since January 1984.
`
`f. Field tag 321 indicates that the serial publication formerly
`
`published bimonthly.
`
`g. Field tag 362 indicates that the serial publication began with
`
`Volume AP-11 in January 1963 and does not contain an ending
`
`designation.
`
`-20-
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`Meta Platforms, Inc. Exhibit 1013
`Page 20 of 226
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`
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`Amazon.com, Inc. v. Jawbone Innovations, LLC
`Declaration of Carol Peterson – U.S. Patent No. 11,122,357
`
`
`Library of Congress Records for Griffiths-Jim
`
`48. Appendix L to this Declaration is a true and correct copy of the Library
`
`of Congress record for IEEE Transactions on Antennas and Propagation, which was
`
`downloaded from: https://catalog.loc.gov/vwebv/holdingsInfo?&bibId=11150579.
`
`49. Appendix L provides the public with availability and holdings
`
`information for accessing IEEE Transactions on Antennas and Propagation,
`
`including the location, scope of holdings, and call number for locating issues of
`
`IEEE Transactions on Antennas and Propagation. Appendix L provides the
`
`following information for the public to access IEEE Transactions on Antennas and
`
`Propagation:
`
`Main Title: IEEE transactions on antennas and propagation;
`
`Published/Created: [New York], [Institute of Electrical and Electronics
`
`Engineers];
`
`Publication History: v. AP-11- Jan. 1963-;
`
`Current Frequency: Monthly, <Jan. 1984->;
`
`Former Frequency: Bimonthly;
`
`ISSN: 0018-926X.
`
`Appendix L also indicates that the Library of Congress’s copy of Volumes AP2-
`
`AP50, no. 3 of IEEE Transactions on Antennas and Propagation (call number
`
`TK7800 .I2) can be requested in the Jefferson or Adams building Reading Rooms.
`
`-21-
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`Meta Platforms, Inc. Exhibit 1013
`Page 21 of 226
`
`
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`Amazon.com, Inc. v. Jawbone Innovations, LLC
`Declaration of Carol Peterson – U.S. Patent No. 11,122,357
`
`50. Appendix M to this Declaration is a true and accurate copy of the
`
`Library of Congress MARC record for its copy of IEEE Transactions on Antennas
`
`and Propagation, which was downloaded from:
`
`
`
`https://catalog.loc.gov/vwebv/staffView?bibId=11150579.
`
`51. As explained below, the Library of Congress MARC record (Appendix
`
`M) provides the following information for the serial publication IEEE Transactions
`
`on Antennas and Propagation:
`
`a. The data elements of field tag 008 (751101c19639999nyumr p
`
`0 a0eng d) provide the “date entered on file” for the record,
`
`which includes the six-digit date entry “751101” that indicates
`
`that the MARC record for the serial publication was created by
`
`the Library of Congress no later than November 1, 1975. The
`
`character “c” followed by “19639999” indicates that the serial
`
`publication is a continuing resource that was first published in
`
`1963 and continues to publish.
`
`b. Field tag 022 indicates that the serial publication’s ISSN is 0018-
`
`926X.
`
`c. Field tag 245 identifies the title of the serial publication as IEEE
`
`antennas and propagation.
`
`-22-
`
`Meta Platforms, Inc. Exhibit 1013
`Page 22 of 226
`
`
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`Amazon.com, Inc. v. Jawbone Innovations, LLC
`Declaration of Carol Peterson – U.S. Patent No. 11,122,357
`
`d. Field tag 260 indicates that the serial publication was first
`
`published or distributed in New York by the Institute of
`
`Electrical and Electronics Engineers.
`
`e. Field tag 310 indicates that the serial publication publishes issues
`
`monthly and has published monthly since January 1984.
`
`f. Field tag 321 indicates that that the serial publication formerly
`
`published bimonthly.
`
`g. Field tag 362 indicates that the serial publication began with
`
`Volume AP-11, which published in January 1963, and does not
`
`contain an ending designation.
`
` The Library Catalog Records and MARC Records
`are Consistent with Publication Information in
`Griffiths-Jim
`
`52. Exhibit 1005 of the concurrently filed petition indicates that the article
`
`titled “An Alternative Approach to Linearly Constrained Adaptive Beamforming”
`
`by L. J. Griffiths and C. W. Jim was published on page 27 of Volume AP-30, no. 1
`
`of IEEE Transactions on Antennas and Propagation, which has an ISSN of 0018-
`
`926X. Exhibit 1005 further indicates that Volume AP-30, no. 1 of IEEE
`
`Transactions on Antennas and Propagation was published in January 1982. Exhibit
`
`1005 bears a date stamp of January 20, 1982, indicating that it was received and
`
`-23-
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`Meta Platforms, Inc. Exhibit 1013
`Page 23 of 226
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`Amazon.com, Inc. v. Jawbone Innovations, LLC
`Declaration of Carol Peterson – U.S. Patent No. 11,122,357
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`catalogued by the University of California, Los Angeles Library no later than
`
`January 20, 1982.
`
`53. The MARC records for IEEE Transactions on Antennas and
`
`Propagation, which contains Griffiths-Jim, discussed above, are consistent with and
`
`confirm the bibliographic and publication information in Exhibit 1005.
`
`54. Based on the evidence discussed above and my understanding of
`
`standard library practices, it is my opinion that Griffiths-Jim would have been
`
`publicly available no later than a few days or weeks after January 20, 1982.
`
`VIII. McCowan
`
`55. As detailed below, I have reviewed the Stanford University Library and
`
`Library of Congress catalogs and MARC records for “Digital Signal Processing,”
`
`the serial publication containing McCowan.
`
`
`
`Stanford University Library Records for Mc
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