UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`HEWLETT-PACKARD ENTERPRISE COMPANY,
`Petitioner
`
`v.
`
`SOVEREIGN PEAK VENTURES, LLC,
`Patent Owner
`____________
`
`
`IPR2023-01260
`IPR2023-01261
`IPR2023-01262
`
`U.S. Patent No. 7,796,512
`U.S. Patent No. 8,045,531
`U.S. Patent No. 8,270,384
`
`
`
`DECLARATION OF SYLVIA D. HALL-ELLIS, PH.D.
`
`
`
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`DocuSign Envelope ID: C289848A-D71C-4444-92CE-D6F2A885E0B1
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`Exhibit 1015
`Hewlett Packard Enterprise Company v. Sovereign Peak Ventures, LLC
`
`
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`HEWLETT-PACKARD ENTERPRISE COMPANY,
`Petitioner
`
`v.
`
`SOVEREIGN PEAK VENTURES, LLC,
`Patent Owner
`____________
`
`
`IPR2023-01260
`IPR2023-01261
`IPR2023-01262
`
`U.S. Patent No. 7,796,512
`U.S. Patent No. 8,045,531
`U.S. Patent No. 8,270,384
`
`
`
`DECLARATION OF SYLVIA D. HALL-ELLIS, PH.D.
`
`
`
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`
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`DocuSign Envelope ID: C289848A-D71C-4444-92CE-D6F2A885E0B1
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`Exhibit 1015
`Hewlett Packard Enterprise Company v. Sovereign Peak Ventures, LLC
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`
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`I.
`
`INTRODUCTION
`1. My name is Sylvia D. Hall-Ellis. I have been retained as an expert by
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`Duane Morris LLP, on behalf of Petitioner Hewlett-Packard Enterprise Company
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`(“HPE” or “Petitioner”).
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`2.
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`I have written this report at the request of HPE to provide my expert
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`opinion regarding the authenticity and public availability of certain publications. My
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`report sets forth my opinions in detail and provides the basis for my opinions
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`regarding the public availability of these publications.
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`3.
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`I reserve the right to supplement or amend my opinions, and bases for
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`them, in response any additional evidence, testimony, discovery, argument, and/or
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`other additional information that may be provided to me after the date of this report.
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`4.
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`I am being compensated for my time spent working on this matter at
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`my normal consulting rate of $325 per hour, plus reimbursement for any additional
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`reasonable expenses. My compensation is not in any way tied to the content of this
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`report, the substance of my opinions, or the outcome of this litigation. I have no
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`other interests in this proceeding or with any of the parties.
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`5.
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`All of the materials that I considered are discussed explicitly in this
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`Declaration.
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`
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`1
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`DocuSign Envelope ID: C289848A-D71C-4444-92CE-D6F2A885E0B1
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`Exhibit 1015
`Hewlett Packard Enterprise Company v. Sovereign Peak Ventures, LLC
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`II. QUALIFICATIONS
`6.
`I am currently an Adjunct Professor in the School of Information at San
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`José State University. I obtained a Master of Library Science from the University
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`of North Texas in 1972 and a Ph.D. in Library and Information Science from the
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`University of Pittsburgh in 1985. Over the last fifty years, I have held various
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`positions in the field of library and information resources. I was first employed as a
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`librarian in 1966 and have been involved in the field of library sciences since,
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`holding numerous positions.
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`7.
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`I am a member of the American Library Association (ALA) and its
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`Association for Library Collections & Technical Services (ALCTS) Division, and I
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`served on the Committee on Cataloging: Resource and Description (which wrote the
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`new cataloging rules) and as the chair of the Committee for Education and Training
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`of Catalogers and the Competencies and Education for a Career in Cataloging
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`Interest Group. I also served as the Chair of the ALCTS Division’s Task Force on
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`Competencies and Education for a Career in Cataloging. Additionally, I have served
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`as the Chair for the ALA Office of Diversity’s Committee on Diversity, as a member
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`of the national Board of Directors for REFORMA, as a member of the Editorial
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`Board for the ALCTS premier cataloging journal, Library Resources and Technical
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`Service, as a Co-Chair for the Library Research Round Table (LRRT) of the
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`
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`2
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`DocuSign Envelope ID: C289848A-D71C-4444-92CE-D6F2A885E0B1
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`Exhibit 1015
`Hewlett Packard Enterprise Company v. Sovereign Peak Ventures, LLC
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`American Library Association, and as a member of the LRRT Nominating
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`Committee.
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`8.
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`I have also given over one hundred presentations in the field, including
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`several on library cataloging systems and Machine-Readable Cataloging (“MARC”)
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`standards. My current research interests include library cataloging systems,
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`metadata, and organization of electronic resources.
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`9. My full curriculum vitae is attached hereto as an Appendix to this
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`report.
`
`III. LIBRARY CATALOGING PRACTICES
`A. MARC RECORDS AND THE ONLINE LIBRARY CATALOG
`10.
`I am fully familiar with the library cataloging standard known as the
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`MARC standard, which is an industry-wide standard method of storing and
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`organizing library catalog information.1 MARC was first developed in the 1960s by
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`the Library of Congress. A MARC-compatible library is one that has a catalog
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`consisting of individual MARC records for each of its items. Today, MARC is the
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`primary communications protocol for the transfer and storage of bibliographic
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`metadata in libraries.
`
`
`1 The full text of the standard is available from the Library of Congress at
`http://www.loc.gov/marc/bibliographic/ (last visited July 5, 2023).
`
`
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`3
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`DocuSign Envelope ID: C289848A-D71C-4444-92CE-D6F2A885E0B1
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`Exhibit 1015
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`11. MARC is a framework into which descriptive bibliographic data are
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`transcribed to interact with the software in online library catalogs to provide access
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`to books, journals, and other resources in the collection. The bibliographic data
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`provide points of access and can be searched by a person of ordinary skill in the art
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`at the time of the invention (“POSITA,” see paragraphs 37-39 below) to identify and
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`obtain resources in the library collection. An information seeker (or POSITA) can
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`search a local online library catalog or the holdings of a group of libraries in a state
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`or region or in the global catalog WorldCat.
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`12. MARC records are not designed for public viewing. Although a
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`significant number of libraries provide access to the MARC version of a
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`bibliographic record, the public display is designed to show information in a succinct
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`manner that is quickly understood and useful to the information seeker. Libraries
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`determine the default search for the online catalog to make the entry of search terms
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`efficient and result in a successful search. Information seekers can enter a keyword,
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`title, author, or standard number for the item. Libraries may also provide a search
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`capability called “Summon” that allows the information seeker to enter known
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`information about the item to conduct a search.
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`13. Since at least the early 1970s and continuing to the present day, MARC
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`has been the primary communications protocol for the transfer and storage of
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`
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`4
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`DocuSign Envelope ID: C289848A-D71C-4444-92CE-D6F2A885E0B1
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`bibliographic metadata in libraries.2 As explained by the Library of Congress:
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`You could devise your own method of organizing the
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`bibliographic information, but you would be isolating your library,
`limiting its options, and creating much more work for yourself. Using
`the MARC standard prevents duplication of work and allows libraries
`to better share bibliographic resources. Choosing to use MARC enables
`libraries to acquire cataloging data that is predictable and reliable. If a
`library were to develop a “home-grown” system that did not use MARC
`records, it would not be taking advantage of an industry-wide standard
`whose primary purpose is to foster communication of information.
`
`Using the MARC standard also enables libraries to make use of
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`commercially available library automation systems to manage library
`operations. Many systems are available for libraries of all sizes and are
`designed to work with the MARC format. Systems are maintained and
`improved by the vendor so that libraries can benefit from the latest
`advances in computer technology. The MARC standard also allows
`libraries to replace one system with another with the assurance that their
`data will still be compatible.
`
`
`2 A complete history of the development of MARC can be found in MARC: Its
`History and Implications by Henrietta D. Avram (Washington, DC: Library of
`Congress,
`1975)
`and
`available
`online
`from
`the Hathi
`Trust
`(https://babel.hathitrust.org/cgi/pt?id=mdp.39015034388556;view=1up;seq=1; last
`visited July 5, 2023).
`
`
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`5
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`DocuSign Envelope ID: C289848A-D71C-4444-92CE-D6F2A885E0B1
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`Why Is a MARC Record Necessary? LIBRARY OF CONGRESS.3
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`14. Thus, almost every major library in the world is MARC-compatible.
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`See, e.g., MARC Frequently Asked Questions (FAQ), LIBRARY OF CONGRESS.4
`
`(“MARC is the acronym for MAchine-Readable Cataloging. It defines a data format
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`that emerged from a Library of Congress-led initiative that began fifty years ago. It
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`provides the mechanism by which computers exchange, use, and interpret
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`bibliographic information, and its data elements make up the foundation of most
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`library catalogs used today.”). MARC is the ANSI/NISO Z39.2-1994 standard
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`(reaffirmed in 2016) for Information Interchange Format. The full text of the
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`standard is available from the Library of Congress.5
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`15. Examining the MARC records for a specific item reveals the
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`comprehensive data transcribed about a particular item at the time that cataloging
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`and classification occurred. In addition to the creator, title, subjects, and standard
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`numbers, additional information may provide additional and relevant data depending
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`on the type of resource. Understanding the full extent of bibliographic data for an
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`item and the points of access associated with it provides essential information that
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`
`3 http://www.loc.gov/marc/umb/um01to06.html#part2
`4 https://www.loc.gov/marc/faq.html
`5 http://www.loc.gov/marc/bibliographic/
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`6
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`can be used to determine the indexing and public availability for documents
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`described in this Declaration.
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`B.
`
`INFORMATION CONTAINED IN MARC RECORDS
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`16. A MARC record comprises several fields, each of which contains
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`specific data about the work. Each field is identified by a standardized, unique, three-
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`digit code corresponding to the type of data that follow. For example, a work’s title
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`is recorded in Field 245; the primary author of the work is transcribed in Field 100;
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`an item’s International Standard Book Number (“ISBN”) consisting of ten or
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`thirteen digits is transcribed in Field 020; an item’s International Standard Serial
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`Number (“ISSN”) is transcribed in Field 022; the Library of Congress classification
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`notation is recorded in Field 050; and the publication date is recorded in Field 260
`
`under the subfield “c.” If a work is a periodical, then its publication frequency is
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`recorded in Field 310, and the publication dates (e.g., the first and last publication)
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`are recorded in Field 362, which is also referred to as the enumeration/chronology
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`field.6
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`17. The library that created the record is recorded in Field 040 in subfield
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`“a” with a unique library code. When viewing the MARC record online via Online
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`Computer Library Center’s (“OCLC”) bibliographic database, hovering over this
`
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`6 http://www.loc.gov/marc/bibliographic/bd3xx.html
`7
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`DocuSign Envelope ID: C289848A-D71C-4444-92CE-D6F2A885E0B1
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`code with the mouse reveals the full name of the library. I used this method of
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`“mousing over” the library codes in the OCLC database to identify the originating
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`library for the MARC records discussed in this Declaration. Where this “mouse
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`over” option was not available, I consulted the Directory of OCLC Libraries to
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`identify the institution that created the MARC record.7
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`18. MARC records also include several fields that include subject matter
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`classification information. An overview of MARC record fields is available through
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`the Library of Congress.8 For example, 6XX fields are termed “Subject Access
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`Fields.”9 Among these, for example, is the 650 field; this is the “Subject Added Entry
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`– Topical Term” field.10 The 650 field is a “[s]ubject added entry in which the entry
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`element is a topical term.” These entries “are assigned to a bibliographic record to
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`provide access according to generally accepted thesaurus-building rules (e.g.,
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`Library of Congress Subject Headings (LCSH), Medical Subject Headings
`
`(MeSH)).” Id. Further, MARC records include call numbers, which themselves
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`include a classification number. For example, the 050 field is the “Library of
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`
`7 https://www.oclc.org/en/contacts/libraries.html
`8 http://www.loc.gov/marc/bibliographic/
`9 http://www.loc.gov/marc/bibliographic/bd6xx.html
`10 http://www.loc.gov/marc/bibliographic/bd650.html
`8
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`DocuSign Envelope ID: C289848A-D71C-4444-92CE-D6F2A885E0B1
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`Congress Call Number.”11 A defined portion of the Library of Congress Call (LCC)
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`Number is the classification number, and “source of the classification number is
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`Library of Congress Classification and the LC Classification-Additions and
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`Changes.” Thus, included in the 050 field is a subject matter classification. Further,
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`the 082 field is the “Dewey Decimal Call Number.”12 A defined portion of the
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`Dewey Decimal Call (DDC) Number is the classification number, and “source of
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`the classification number is the Dewey Decimal Classification and Relative Index.”
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`Thus, included in the 082 field is a subject matter classification. Each item in a
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`library has a single classification number. A library selects a classification scheme
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`(e.g., the Library of Congress classification scheme just described or a similar
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`scheme such as the Dewey Decimal classification scheme) and uses it consistently.
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`When the Library of Congress assigns the LCC classification number, it appears as
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`part of the 050 field. When the Library of Congress assigns the DDC classification
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`number, it appears as part of the 082 field. If a local library assigns the classification
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`number, it appears in a 090 field. In either scenario, the MARC record includes a
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`classification number that represents a subject matter classification.
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`11 http://www.loc.gov/marc/bibliographic/bd050.html
`12 http://www.loc.gov/marc/bibliographic/bd082.html
`9
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`DocuSign Envelope ID: C289848A-D71C-4444-92CE-D6F2A885E0B1
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`Exhibit 1015
`Hewlett Packard Enterprise Company v. Sovereign Peak Ventures, LLC
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`C. OCLC
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`19. The OCLC was created “to establish, maintain and operate a
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`computerized library network and to promote the evolution of library use, of libraries
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`themselves, and of librarianship, and to provide processes and products for the
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`benefit of library users and libraries, including such objectives as increasing
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`availability of library resources to individual library patrons and reducing the rate of
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`rise of library per-unit costs, all for the fundamental public purpose of furthering
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`ease of access to and use of the ever-expanding body of worldwide scientific, literary
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`and educational knowledge and information.”13 Among other services, OCLC and
`
`its members are
`
`responsible
`
`for maintaining
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`the WorldCat database
`
`(http://www.worldcat.org/), used by
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`independent and
`
`institutional
`
`libraries
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`throughout the world.
`
`20. OCLC also provides its members online access to MARC records
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`through its OCLC bibliographic database. When an OCLC member institution
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`acquires a work, it creates a MARC record for this work in its computer catalog
`
`system in the ordinary course of its business. MARC records created at the Library
`
`
`13 Third Article, Amended Articles of Incorporation of OCLC Online Computer
`Library
`Center,
`Incorporated
`(available
`at
`https://www.oclc.org/content/dam/oclc/membership/articles-of-incorporation.pdf).
`10
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`
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`DocuSign Envelope ID: C289848A-D71C-4444-92CE-D6F2A885E0B1
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`of Congress are tape-loaded into the OCLC database through a subscription to
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`MARC Distribution Services daily or weekly. Once the MARC record is created by
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`a cataloger at an OCLC member institution or is tape-loaded from the Library of
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`Congress, the MARC record is then made available to any other OCLC members
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`online, and therefore made available to the public. Accordingly, once the MARC
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`record is created by a cataloger at an OCLC member institution or is tape-loaded
`
`from the Library of Congress or another library anywhere in the world, any
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`publication corresponding to the MARC record has been cataloged and indexed
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`according to its subject matter such that a person interested in that subject matter
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`could, with reasonable diligence, locate and access the publication through any
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`library with access to the OCLC bibliographic database or through the Library of
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`Congress.
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`21. When an OCLC member institution creates a new MARC record,
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`OCLC automatically supplies the date of creation for that record. The date of
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`creation for the MARC record appears in the fixed Field (008), characters 00 through
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`05. The MARC record creation date reflects the date on which, or shortly after
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`which, the item was first acquired or cataloged. Initially, Field 005 of the MARC
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`record is automatically populated with the date the MARC record was created in
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`year, month, day format (YYYYMMDD) (some of the newer library catalog systems
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`also include hour, minute, second (HHMMSS)). Thereafter, the library’s computer
`11
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`Exhibit 1015
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`system may automatically update the date in Field 005 every time the library updates
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`the MARC record (e.g., to reflect that an item has been moved to a different shelving
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`location within the library). Field 005 is visible when viewing a MARC record via
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`an appropriate computerized interface, but when a MARC record is printed to
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`hardcopy, no “005” label appears. The initial Field 005 date (i.e., the date the MARC
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`record was created) does appear, however, next to the label “Entered.”14 The date
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`upon which the most recent update to Field 005 occurred also appears, next to the
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`label “Replaced.” Thus, when an item’s MARC record has been printed to
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`hardcopy—as is the case with the MARC attachments to this Declaration—the date
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`reflected next to the label “Entered” is necessarily on or after the date the library first
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`cataloged and indexed the underlying item.
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`22. Once one library has cataloged and indexed a publication by creating a
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`MARC record for that publication, other libraries that receive the publication do not
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`create additional MARC records—the other libraries instead rely on the original
`
`MARC record. They may update or revise the MARC record to ensure accuracy, but
`
`
`14 Field 005 is visible when viewing a MARC record via an appropriate
`computerized interface. But when a MARC record is printed directly to hardcopy
`from the OCLC database, the “005” label is not shown. The date in the 005 field
`instead appears next to the label “Replaced.”
`
`
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`12
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`they do not replace or duplicate it. This practice does more than save libraries from
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`duplicating labor. It also enhances the accuracy of MARC records. Further, it allows
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`librarians around the world to know that a particular MARC record is authoritative
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`(in contrast, a hypothetical system wherein duplicative records were created would
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`result in confusion as to which record is authoritative).
`
`23. Catalogers can create MARC records for all types of print, online, and
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`digital resources. The date of creation of the MARC record by a cataloger at an
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`OCLC member institution reflects when the underlying item is accessible to the
`
`public. Upwards of two-thirds to three-quarters of book sales and magazine
`
`subscriptions to libraries come from a jobber or wholesaler for online and print
`
`resources. These resellers make it their business to provide items to their customers
`
`as fast as possible, often providing turnaround times of only a single day after
`
`publication. Libraries purchase a significant portion of the balance of their books
`
`and journals directly from publishers themselves, which provide delivery on a
`
`similarly expedited schedule. In general, libraries make these purchases throughout
`
`the year and shelve the newly received items as soon thereafter as possible to make
`
`them available to their patrons.
`
`24.
`
`In preparing this report, I used authoritative databases, such as the
`
`OCLC bibliographic database and the Library of Congress Online Catalog, to
`
`confirm citation details of the various publications discussed.
`13
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`25.
`
`Indexing. A researcher may discover material relevant to his or her
`
`topic in a variety of ways. One common means of discovery is to search for relevant
`
`information in an index of periodical and other publications. Having found relevant
`
`material, the researcher will then normally obtain it online, look for it in libraries, or
`
`purchase it from the publisher, a bookstore, a document delivery service, or other
`
`provider. Sometimes, the date of a document’s public accessibility will involve both
`
`indexing and library date information. However, date information for indexing
`
`entries is often unavailable. This is especially true for online indices.
`
`26.
`
`Indexing services use a wide variety of controlled vocabularies to
`
`provide subject access and other means of discovering the content of documents.
`
`The formats in which these access terms are presented vary from service to service.
`
`27. Online indexing services commonly provide bibliographic information,
`
`abstracts, and full-text copies of the indexed publications, along with a list of the
`
`documents cited in the indexed publication. These services also often provide lists
`
`of publications that cite a given document. A citation of a document is evidence that
`
`the document was publicly available and in use by researchers no later than the
`
`publication date of the citing document.
`
`28. Before the widespread development of online databases to index
`
`articles in journals, magazines, conference papers, and technical reports, libraries
`
`purchased printed volumes of indices. Graduate library school education mandated
`14
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`
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`DocuSign Envelope ID: C289848A-D71C-4444-92CE-D6F2A885E0B1
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`that students learn about the bibliographic control of disciplines, the prominent
`
`indexing volumes, and searching strategies required to use them effectively and
`
`efficiently. Half of the courses that I studied in library school were focused on the
`
`bibliography and resources in academic disciplines.
`
`29. Librarians consulted with information seekers to verify citations, check
`
`availability in union catalogs, printed books catalogs, the OCLC database, and make
`
`formal requests for materials (e.g., books, conference proceedings, journal articles).
`
`Requests were transmitted using Telex machines, rudimentary email systems, and
`
`the United States Postal Service. During my career, I have performed and supervised
`
`staff who handled these resource sharing tasks.
`
`30. A major firm known for the breadth of subjects and comprehensive
`
`treatment in the preparation of index volumes, the H. W. Wilson Company offered
`
`these reference resources since the firm was founded in 1898. The Reader’s Guide
`
`to Periodical Literature is one of the best-known titles available from H. W. Wilson.
`
`Each volume includes a comprehensive index for 300 of the most popular and
`
`important periodicals published in the United States and Canada. Information
`
`seekers have subject access expressed in plain language terminology, author access,
`
`and cross references to find the desired results from their searches. The family of
`
`index titles included Science & Technology Index, Business Periodicals, Applied
`
`Science & Technology Index, Humanities Index, Biological & Agricultural Index,
`15
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`and Industrial Arts Index. These printed indices have been superseded by digital
`
`database offerings available to information seekers through Ebsco.
`
`31. Online indexing services such as Google Scholar15 or ScienceDirect16
`
`commonly provide bibliographic information, abstracts, and full-text copies of the
`
`indexed publications, along with a list of the documents cited in the indexed
`
`publication. These services also often provide lists of publications that cite a given
`
`document.
`
`32. A citation of a document by another is evidence that the document was
`
`publicly available and in use no later than the publication date of the citing
`
`document.
`
`IV. PRELIMINARIES
`33.
`Scope of this Declaration. I am not an attorney and will not offer
`
`opinions on the law. I am, however, rendering my expert opinion on the authenticity
`
`of the documents referenced herein and when and how each of these documents was
`
`disseminated or otherwise made available to the extent that persons interested and
`
`ordinarily skilled in the subject matter or art, exercising reasonable diligence, could
`
`have located the documents.
`
`
`15 https://scholar.google.com/
`16 https://www.sciencedirect.com/
`
`
`
`16
`
`DocuSign Envelope ID: C289848A-D71C-4444-92CE-D6F2A885E0B1
`
`Exhibit 1015
`Hewlett Packard Enterprise Company v. Sovereign Peak Ventures, LLC
`
`
`
`34.
`
`I am informed by counsel that a printed publication qualifies as publicly
`
`accessible as of the date it was disseminated or otherwise made available such that
`
`a person interested in and ordinarily skilled in the relevant subject matter could
`
`locate it through the exercise of ordinary diligence.
`
`35. While I understand that the determination of public accessibility under
`
`the foregoing standard rests on a case-by-case analysis of the facts particular to an
`
`individual publication, I also understand that a printed publication is rendered
`
`“publicly accessible” if it is cataloged and indexed by a library such that a person
`
`interested in the relevant subject matter could locate it exercising reasonable
`
`diligence (i.e., I understand that cataloging and indexing by a library in a manner
`
`that permits a person of ordinary skill in the relevant subject matter to locate the
`
`publication is sufficient, though there are other ways that a printed publication may
`
`qualify as publicly accessible). One manner of sufficient indexing is indexing
`
`according to subject matter category. I understand that the cataloging and indexing
`
`by a single library of a single instance of a particular printed publication is sufficient,
`
`even if the single library is in a foreign country. I understand that, even if access to
`
`a library is restricted, a printed publication that has been cataloged and indexed
`
`therein is publicly accessible so long as a presumption is raised that the portion of
`
`the public concerned with the relevant subject matter would know of the printed
`
`publication. I also understand that the cataloging and indexing of information that
`17
`
`
`
`DocuSign Envelope ID: C289848A-D71C-4444-92CE-D6F2A885E0B1
`
`Exhibit 1015
`Hewlett Packard Enterprise Company v. Sovereign Peak Ventures, LLC
`
`
`
`would guide a person interested in the relevant subject matter to the printed
`
`publication, such as the cataloging and indexing of an abstract for the printed
`
`publication, is sufficient to render the printed publication publicly accessible.
`
`36.
`
`I understand that routine business practices, such as general library
`
`cataloging and indexing practices, can be used to establish an approximate date on
`
`which a printed publication became publicly accessible.
`
`37.
`
`I have been informed by counsel that a “person of ordinary skill in the
`
`art at the time of the invention” (POSITA) is a hypothetical person who is presumed
`
`to be familiar with the relevant field and its literature at the time of the inventions.
`
`This hypothetical person is also a person of ordinary creativity, capable of
`
`understanding the scientific principles applicable to the pertinent field.
`
`38.
`
`I am told by counsel that, for purposes of this Declaration, persons of
`
`ordinary skill in this subject matter or art would have had the following
`
`qualifications:
`
`a. Exhibits 1003 and 1005: at least a bachelor’s degree in computer
`
`science, or an equivalent field, and two years of experience working
`
`in developing networking equipment or, alternatively, a master’s
`
`degree in the same fields and one year of relevant work experience.
`
`Additional education might compensate for less experience and
`
`vice-versa; and
`
`18
`
`
`
`DocuSign Envelope ID: C289848A-D71C-4444-92CE-D6F2A885E0B1
`
`Exhibit 1015
`Hewlett Packard Enterprise Company v. Sovereign Peak Ventures, LLC
`
`
`
`b. Exhibits 1007 and 1008: at least a Bachelor’s degree in Electrical
`
`Engineering or a related field and at least two years of professional
`
`experience in wireless communications, or alternatively, a Master’s
`
`degree in the same field and one year of relevant work experience.
`
`Additional education might compensate for less experience and
`
`vice-versa.
`
`39. Based on my experience working in research libraries with researchers
`
`having the qualifications described above, or even lesser qualifications, it is my
`
`opinion that such researchers would have been able to locate the material discussed
`
`herein on their own or with the assistance of a research librarian with relative ease
`
`using the tools and resources described herein.
`
`V.
`
`PUBLICATION
`A. Document 1: Exhibit 1003 (“OHTA”)
`40. Exhibit 1003 in IPR2023-01260 is a journal article titled “Mobile
`
`Multimedia Middleware for Seamless Service” by Ken Ohta, Takashi Yoshikawa,
`
`Tomohiro Nakagawa, Yoshinori Isoda, and Toshiaki Sugimura (hereafter “Ohta”).
`
`The Ohta article was published in Volume 2001, Number 83 of the journal IPSG
`
`SIG Technical Report (ISSN 0919-6072) published by the Information Processing
`
`Society of Japan. The Ohta article was found in the Tokyo University of Technology
`
`(Tokyo, Japan). The Ohta article is identified as Mobile Computing and Wireless
`19
`
`
`
`DocuSign Envelope ID: C289848A-D71C-4444-92CE-D6F2A885E0B1
`
`Exhibit 1015
`Hewlett Packard Enterprise Company v. Sovereign Peak Ventures, LLC
`
`
`
`Communication No. 18-35 and Intelligent Handoff System No. 6-35 dated
`
`September 7, 2001 (“2001.9.7”). Exhibit 1003 is a true and correct copy of the Ohta
`
`article (8 pages). Specifically, the text of the article is complete; no pages are
`
`missing, and the text on each page appears to flow seamlessly from one page to the
`
`next. For example, although the article is in Japanese, the Arabic numerals denoting
`
`section numbers flow naturally and in order from page-to-page. Further, there are no
`
`visible alterations to the document. In addition, I’ve reviewed the certified English
`
`translation of the Ohta article (Exhibit 1004), and the translated text appears to flow
`
`seamlessly from one page to the next.
`
`41. Finally, Exhibit 1003 was found within the custody of a library – a place
`
`where an authentic copy of this journal would likely be. For all these reasons, my
`
`opinion is that Exhibit 1003 is a true and correct copy in a condition that creates no
`
`suspicion about its authenticity.
`
`42. The Ohta article has been cited in multiple patent applications, which
`
`is an indication of its authenticity and public accessibility. For example, the Ohta
`
`article was cited and discussed in the application that became U.S. Patent 7,796,512,
`
`which I understand is the pat
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