UNITED STATES PATENT AND TRADEMARK OFFICE
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`________________
`
`BELL NORTHERN RESEARCH LLC,
`Petitioner,
`
`v.
`
`MEDIATEK INC. AND NXP USA, INC.,
`Patent Owner.
`
`________________
`
`United States Patent No. 8,416,862
`
`DECLARATION OF SYLVIA D. HALL-ELLIS, PH.D.
`
`
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`________________
`
`BELL NORTHERN RESEARCH LLC,
`Petitioner,
`
`v.
`
`MEDIATEK INC. AND NXP USA, INC.,
`Patent Owner.
`
`________________
`
`United States Patent No. 8,416,862
`
`DECLARATION OF SYLVIA D. HALL-ELLIS, PH.D.
`
`
`
`I.
`
`INTRODUCTION
`1.
`My name is Sylvia D. Hall-Ellis. I have been retained as an expert by
`
`MediaTek Inc. and NXP USA, INC. (the “Petitioners”). I am over the age of 18 and
`
`am competent to testify regarding the facts and opinions discussed below.
`
`2.
`
`I have written this Declaration at the request of the Petitioners to
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`provide my expert opinion regarding the authenticity and public availability of
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`certain documents discussed herein. My Declaration sets forth my opinions in detail
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`and provides the basis for my opinions regarding the public availability of these
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`documents.
`
`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
`
`Declaration.
`
`4.
`
`I am being compensated for my time spent working on this matter at
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`my normal consulting rate of $350 per hour, plus reimbursement for any additional
`
`reasonable expenses. My compensation is not in any way tied to the content of this
`
`Declaration, the substance of my opinions, or the outcome of any related litigation.
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`I have no other interests in this proceeding or with any of the parties.
`
`5.
`
`All of the materials that I considered are discussed in this declaration.
`
`2
`
`
`
`II. QUALIFICATIONS
`6.
`I am currently an Adjunct Professor in the School of Information at San
`
`José State University. I obtained a Master of Library Science from the University
`
`of North Texas in 1972 and a Ph.D. in Library and Information Science from the
`
`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.
`
`7.
`
`I am a member of the American Library Association (ALA) and its
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`CORE Division, and I served on the Committee on Cataloging: Resource and
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`Description (which wrote the new cataloging rules) and as the founding chair of the
`
`Committee for Education and Training of Catalogers and the Competencies and
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`Education for a Career in Cataloging Interest Group. I also served as the Chair of
`
`the ALCTS Division’s Task Force on Competencies and Education for a Career in
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`Cataloging, the Chair for the ALA Office of Diversity’s Committee on Diversity, a
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`member of the national Board of Directors for REFORMA, a member of the
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`Editorial Board for the ALCTS premier cataloging journal, Library Resources and
`
`Technical Services, a co-chair of the Membership Committee for the Library
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`Research Round Table (LRRT), and as member of the LRRT Nominating
`
`Committee.
`
`3
`
`
`
`8.
`
`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”)
`
`standards. My current research interests include library cataloging systems,
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`metadata, and organization of electronic resources.
`
`9.
`
`My full curriculum vitae is attached hereto as an Appendix A to this
`
`Declaration.
`
`III. LIBRARY CATALOGING PRACTICES
`10.
`I am fully familiar with the library cataloging standard known as the
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`Machine-Readable Catalog or MARC standard, which is an industry-wide standard
`
`method of storing and organizing library catalog information.1 MARC was first
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`developed in the 1960s by the Library of Congress. A MARC-compatible library is
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`one that has a catalog consisting of individual MARC records for each of its items.
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`Today, MARC is the primary communications protocol for the transfer and storage
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`of bibliographic metadata in libraries.2
`
`1 The full text of the standard is available from the Library of Congress at
`http://www.loc.gov/marc/bibliographic/.
`2 Almost every major library in the world is MARC-compatible. See, e.g., MARC
`Frequently Asked Questions (FAQ), Library of Congress,
`https://www.loc.gov/marc/faq.html (last visited August 25, 2023) (“MARC is the
`acronym for MAchine-Readable Cataloging. It defines a data format that emerged
`from a Library of Congress-led initiative that began nearly fifty years ago. It
`provides the mechanism by which computers exchange, use, and interpret
`bibliographic information, and its data elements make up the foundation of most
`library catalogs used today.”). MARC is the ANSI/NISO Z39.2-1994 (reaffirmed
`2016) standard for Information Interchange Format.
`4
`
`
`
`11. A MARC record comprises several fields, each of which contains
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`specific data about the work or the record itself. Each field is identified by a
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`standardized, unique, three-digit code corresponding to the type of data that follow.
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`For example, the creation date of the MARC record is recorded in field 008, a work’s
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`title is recorded in field 245, the primary author of the work is recorded in field 100,
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`an item’s International Standard Book Number (“ISBN”) is recorded in field 020,
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`an item’s International Standard Serial Number (“ISSN”) is recorded in field 022,
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`an item’s Library of Congress call number is recorded in field 050, and the
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`publication date is recorded in field 260 under the subfield “c.” If a work is a
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`periodical, then its publication frequency is recorded in field 310, and the publication
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`dates (e.g., the first and last publication) are recorded in field 362, which is also
`
`referred to as the enumeration/chronology field.
`
`12.
`
`The library that created the record is recorded in field 040 in subfield
`
`“a” with a unique library code. When viewing the MARC record online via Online
`
`Computer Library Center’s (“OCLC”) bibliographic database, hovering over this
`
`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
`
`over” option was not available, I consulted the Directory of OCLC Libraries in order
`
`5
`
`
`
`to identify the institution that created the MARC record.3
`
`13. MARC records also include several fields that include subject matter
`
`classification information. An overview of MARC record fields is available through
`
`the Library of Congress.4 For example, 6XX fields are termed “Subject Access
`
`Fields.”5 Among these, for example, is the 650 field; this is the “Subject Added
`
`Entry – Topical Term” field.6 The 650 field is a “[s]ubject added entry in which the
`
`entry element is a topical term.” These entries “are assigned to a bibliographic
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`record to provide access according to generally accepted thesaurus-building rules
`
`(e.g., Library of Congress Subject Headings (LCSH)).” Further, MARC records
`
`include call numbers, which themselves include a classification number. For
`
`example, the 050 field is the “Library of Congress Call Number.”7 A defined portion
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`of the Library of Congress Call Number is the classification number, and the “source
`
`of the classification number is Library of Congress Classification and the LC
`
`Classification-Additions and Changes.” Thus, included in the 050 field is a subject
`
`matter classification. Each item in a library has a single classification number. A
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`library selects a classification scheme (e.g., the Library of Congress Classification
`
`scheme just described or a similar scheme such as the Dewey Decimal Classification
`
`3 https://www.oclc.org/en/contacts/libraries.html
`4 http://www.loc.gov/marc/bibliographic/
`5 http://www.loc.gov/marc/bibliographic/bd6xx.html
`6 http://www.loc.gov/marc/bibliographic/bd650.html
`7 http://www.loc.gov/marc/bibliographic/bd050.html
`6
`
`
`
`scheme) and uses it consistently. When the Library of Congress assigns the
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`classification number, it appears as part of the 050 field. If a local library assigns
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`the classification number, it appears in a 090 field. In either scenario, the MARC
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`record
`
`includes a classification number
`
`that represents a subject matter
`
`classification.
`
`14.
`
`The OCLC was created “to establish, maintain and operate a
`
`computerized library network and to promote the evolution of library use, of
`
`libraries themselves, and of librarianship, and to provide processes and products for
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`the 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
`
`and educational knowledge and information.”8 Among other services, OCLC and
`
`its members are responsible for maintaining the WorldCat database,9 used by
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`independent and institutional libraries throughout the world.
`
`15. OCLC also provides its members online access to MARC records
`
`through its OCLC bibliographic database. When an OCLC member institution
`
`8 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).
`9 http://www.worldcat.org/
`
`7
`
`
`
`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
`
`of Congress are directly uploaded or may be tape-loaded into the OCLC database
`
`through a subscription to MARC Distribution Services daily or weekly. Once the
`
`MARC record is created by a cataloger at an OCLC member institution or is tape-
`
`loaded from a participating institution, the MARC record is then made available to
`
`any other OCLC members online, and therefore made available to the public.
`
`Accordingly, once the MARC 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 publication corresponding to the MARC record has been
`
`cataloged and indexed according to its subject matter such that a person interested
`
`in that subject matter could, with reasonable diligence, locate and access the
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`publication through any library with access to the OCLC bibliographic database or
`
`through the Library of Congress.
`
`16. When an OCLC member institution creates a new MARC record,
`
`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
`
`which, the item was first acquired or cataloged. Initially, field 005 of the MARC
`
`record is automatically populated with the date the MARC record was created in
`
`8
`
`
`
`year, month, day format (YYYYMMDD) (some of the newer library catalog systems
`
`also include hour, minute, second (HHMMSS)). Thereafter, the library’s computer
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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
`
`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.”10 The date
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`upon which the most recent update to field 005 occurred also appears, next to the
`
`label “Replaced.” Thus, when an item’s MARC record has been printed to
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`hardcopy—as is the case with the exhibits to this Declaration—the date 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.
`
`17. Once one library has cataloged and indexed a publication by creating a
`
`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
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`MARC record. They may update or revise the MARC record to ensure accuracy,
`
`10 In this Declaration, I sometimes refer to the “Entered” entry as Field 008,
`characters 00-05. 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.”
`9
`
`
`
`but they do not replace or duplicate it. This practice does more than save libraries
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`from duplicating labor. It also enhances the accuracy of MARC records. Further, it
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`allows librarians around the world to know that a particular MARC record is
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`authoritative (in contrast, a hypothetical system wherein duplicative records were
`
`created would result in confusion as to which record is authoritative).
`
`18.
`
`The date of creation of the MARC record by a cataloger at an OCLC
`
`member institution reflects when the underlying item is accessible to the public.
`
`Upwards of two-thirds to three-quarters of book sales to libraries come from a jobber
`
`or wholesaler for online and print resources. These resellers make it their business
`
`to provide books to their customers as fast as possible, often providing turnaround
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`times of only a single day after publication. Libraries purchase a significant portion
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`of the balance of their books directly from publishers themselves, which provide
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`delivery on a similarly expedited schedule. In general, libraries make these
`
`purchases throughout the year as the books are published and shelve the books as
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`soon thereafter as possible in order to make the books available to their patrons.
`
`Thus, books are generally available at libraries across the country within just a few
`
`days of publication.
`
`19. Catalogers can create MARC records for all types of print, online, and
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`digital resources. For example, MARC records cover serial publications, including
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`both serially published monographs and journals. OCLC hosts MARC records for
`
`10
`
`
`
`more than 320 million serial publications. Serial publications are those publications
`
`that have the same collective title but are intended to be continued indefinitely with
`
`enumeration such as a volume or issue number (e.g., magazines, journals, etc.). In
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`the OCLC bibliographic database, the first issue or volume of the monographic serial
`
`is typically cataloged (i.e., a corresponding MARC record is created), but the date is
`
`left open-ended with the use of a punctuation mark such as a dash. MARC records
`
`for serial publications represent the entire run of the title. With knowledge of the
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`first issue or volume published, future issues or volumes can be predicted based on
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`the information provided in the MARC record, for example in field 362. In my
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`extensive professional experience, is it highly unusual for a library to stop collecting
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`and shelving a serial publication prior to the time of its cessation. If a subscription
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`to a serial publication ends or is cancelled, the library will denote that it has stopped
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`receiving new issues or volumes by filling in the end date in the MARC record.
`
`20. As was the best practice among libraries, issues arrived at a central
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`facility and were immediately received, verified as part of a subscription, checked
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`in, and stamped with the institution’s name and date. Determining that the issue was
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`part of the library subscription ensured that the entire set of publications for the year
`
`had been received so that they could be professionally bound and retained. This
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`process also verified that each of the published issues arrived so that the library staff
`
`did not have to request or claim an issue that did not arrive as expected. In large
`
`11
`
`
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`public libraries with branches and multi-campus libraries within academic
`
`institutions, the journals were sorted and delivered to the subscribing unit. The
`
`issues were frequently stamped again to acknowledge receipt. The new issue was
`
`placed in the public area; the older issue was stored so that it remained available.
`
`21.
`
`The foregoing process has been standard library practice longer than I
`
`have been working in the profession. I first learned the steps in the process in the
`
`late 1970s and later supervised it. Although the checking in process has become
`
`automated and now links electronically to holdings records for the MARC record
`
`for each serial title, the manual stamping and placing the issue in a public area has
`
`not changed for 50 years. Unless I note otherwise below in reference to a specific
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`serial publication, it is my expert opinion that this standard protocol was followed
`
`for each of the serial publications discussed below.
`
`22.
`
`In preparing this Declaration, 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.
`
`23.
`
`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
`
`12
`
`
`
`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.
`
`24.
`
`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.
`
`25. 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.
`
`26. 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
`27.
`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 before September 28, 2004.
`
`13
`
`
`
`28.
`
`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.
`
`29. 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
`
`14
`
`
`
`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.
`
`30.
`
`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.
`
`31.
`
`Persons of ordinary skill in the art. I am told by counsel that the subject
`
`matter of this proceeding relates generally to electrical and computer engineering,
`
`and more specifically, the field of wireless communications and networks.
`
`32.
`
`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 invention.
`
`This hypothetical person is also a person of ordinary creativity, capable of
`
`understanding the scientific principles applicable to the pertinent field.
`
`33.
`
`I am told by counsel that persons of ordinary skill in this subject matter
`
`or art would have had at least a bachelor’s degree in electrical engineering, computer
`
`engineering, computer science, or a related field and at least 2 years of experience
`
`in the field of wireless communication, though more education could have
`
`compensated for less experience and vice versa.
`
`34.
`
`It is my opinion that such a person would have been engaged in
`
`15
`
`
`
`research, learning through study and practice in the field and possibly through formal
`
`instruction the bibliographic resources relevant to his or her research. Certainly, in
`
`early 2004 such a person would have had access to a vast array of long-established
`
`print resources in electrical engineering as well as to a rich set of online resources
`
`providing indexing information, abstracts, and full text services for such references,
`
`including those that relate to lighting fixtures.
`
`35. 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 1008, “Reducing the Computations of the
`Singular Value Decomposition Array Given by Brent and Luk” by B.
`Yang and J. F. Böhme (“Yang”)
`36.
`I have reviewed Exhibit 1008 to the related petition, which is a journal
`
`article titled “Reducing the Computations of the Singular Value Decomposition
`
`Array Given by Brent and Luk” by B. Yang and J. F. Böhme (hereafter “Yang”).
`
`Yang. The Yang article was published in volume 12, issue 4 of the SIAM Journal
`
`on Matrix Analysis and Applications. Attached hereto as Attachment A is a true and
`
`correct copy of the cover, publication date, title, and complete text of Yang, which
`
`16
`
`
`
`is available in the Kurt F. Wendt Engineering Library at the University of Wisconsin
`
`– Madison. I personally retrieved the Yang article that is Attachment A. In
`
`comparing Attachment A with Exhibit 1008, it is my opinion that Ex. 1008 is a true
`
`and correct copy of the Yang article. 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; further, there are no visible alterations to the document.
`
`37. Attached hereto as Attachment B is a true and correct copy of the
`
`MARC record for the SIAM Journal on Matrix Analysis and Applications for the
`
`Kurt F. Wendt Engineering Library at the University of Wisconsin – Madison online
`
`catalog. The library ownership is indicated by the presence of the library’s code
`
`(“GZM”) in field 049. The library continues to update and enhance the MARC
`
`record to meet current cataloging rules. The most recent enhancement to Attachment
`
`B occurred on April 17, 2015, as shown in field 005 (“20150417”). I personally
`
`retrieved the MARC record that is Attachment B.
`
`38. As noted in the holdings information (362 field), the Kurt F. Wendt
`
`Engineering Library at the University of Wisconsin – Madison has received the
`
`SIAM Journal on Matrix Analysis and Applications from January 1988 and
`
`continues to receive the publication. In view of the MARC record for Attachment
`
`A, the Yang article was publicly available on or shortly after September 26, 1991,
`
`as shown by the stamp on the cover. The stamp has the appearance of those typically
`
`17
`
`
`
`used to indicate ownership and receipt which indicates that the specific issue had
`
`been received, cataloged, and indexed in the Kurt F. Wendt Engineering Library at
`
`the University of Wisconsin – Madison and made part of its online catalog database.
`
`Based on finding a print copy of the Yang article in the Kurt F. Wendt Engineering
`
`Library at the University of Wisconsin – Madison in view of a MARC record in its
`
`online library catalog attached as Attachment B, it is my opinion that the Yang article
`
`published in the SIAM Journal on Matrix Analysis and Applications was publicly
`
`available on or shortly after September 26, 1991.
`
`39. Attachment B includes an entry in field 050 (“QA188 $b .S53”)—as
`
`described above, a subject matter classification number consistent with the Library
`
`of Congress classification system (analogous to the Dewey Decimal classification
`
`system) and an entry in field 082 (“512.9/434/05”), a subject matter consistent with
`
`the Dewey Decimal classification system. Attachment B also shows that the Yang
`
`article was catalogued with two descriptor terms reading “Matrices $v Periodicals”
`
`(see Attachment C, Library of Congress subject heading sh85082210 and
`
`Attachment D, Library of Congress subject heading sh85099890) and “Mathematics
`
`$v Periodicals” (see Attachment E, Library of Congress subject heading
`
`sh85082151) in the 650 fields. I personally identified and retrieved Attachments C,
`
`D, and E.
`
`40.
`
`Further, attached hereto as Attachment F is a true and correct copy of
`
`18
`
`
`
`the MARC record for the SIAM Journal on Matrix Analysis and Applications
`
`obtained from the OCLC bibliographic database. As previously noted, the library
`
`that created the record is recorded in field 040 with a unique library code. For
`
`Attachment F, that library code is “NSD” which means that the MARC record for
`
`this serial was cataloged as part of the National Serials Data Program at the Library
`
`of Congress. As can be seen in the “Entered” field in the MARC record for this
`
`exhibit, a cataloger at the Library of Congress created OCLC record number
`
`16655630 on September 9, 1987, as shown in the “Entered” field (“19870909”). The
`
`library continues to update and enhance this MARC record to meet current
`
`cataloging rules. The most recent enhancement to Attachment F occurred on
`
`February 8, 2019, as shown in the “Replaced” field (“20190208”). I personally
`
`identified and retrieved the MARC record that is Attachment F.
`
`41.
`
`The “BLvl” entry in Attachment F is “s,” which indicates that the SIAM
`
`Journal on Matrix Analysis and Applications is a serial publication. Field 310 of
`
`Attachment 1E reads “Quarterly.” Accordingly, the MARC record for Exhibit A
`
`corresponds to the SIAM Journal on Matrix Analysis and Applications from the time
`
`the serial title adopted the current title and includes the date of the Yang article.
`
`42. Attachment F includes an entry in field 050 (“QA188 $b .S53”)—as
`
`described above, a subject matter classification number consistent with the Library
`
`of Congress classification system (analogous to the Dewey Decimal classification
`
`19
`
`
`
`system) and an entry in field 082 (“512.9/434/05”), a subject matter consistent with
`
`the Dewey Decimal classification system. Attachment F also shows that the Yang
`
`article was catalogued with two descriptor terms reading “Matrices $v Periodicals”
`
`(see Attachment C, Library of Congress subject heading sh85082210 and
`
`Attachment D, Library of Congress subject heading sh85099890) and “Mathematics
`
`$v Periodicals” (see Attachment E, Library of Congress subject heading
`
`sh85082151) in the 650 fields.
`
`43.
`
`Thus, as of its cataloging, the publication corresponding to the MARC
`
`record attached hereto as Attachment F was indexed according to its subject matter
`
`by virtue of at least three independently sufficient classifications: the field 050 entry,
`
`the field 082 entry, and the field 650 entries. As of September 9, 1987, the MARC
`
`record attached hereto as Attachment F was accessible through any library with
`
`access to the OCLC bibliographic database or the online catalog at a library that
`
`subscribed to the serial, which means that the corresponding publication was
`
`publicly available on or before that same date through any library with access to the
`
`OCLC bibliographic database or through an individual library.
`
`44. Attachment F indicates that the SIAM Journal on Matrix Analysis and
`
`Applications as cataloged at the Library of Congress is currently available from 328
`
`libraries. In view of the above, this issue of the SIAM Journal on Matrix Analysis
`
`and Applications was publicly available on or shortly after September 26, 1991,
`
`20
`
`
`
`because by that date it had been cataloged and indexed at the Library of Congress,
`
`made part of the OCLC bibliographic database, and received in the Kurt F. Wendt
`
`Engineering Library at the Univrsity of Wisconsin – Madison. For these reasons, it
`
`is my opinion that Exhibit 1008 to the petition was published and accessible to the
`
`public on or shortly after September 26, 1991.
`
`VI.
`
`CONCLUSION
`45.
`In signing this declaration, I recognize that the declaration will be filed
`
`as evidence in a case before the Patent Trial and Appeal Board of the United States
`
`Patent and Trademark Office. I also recognize that I may be subject to cross-
`
`examination in the case and that cross-examination will take place within the United
`
`States. If cross-examination is required of me, I will appear for cross-examination
`
`within the United States during the time allotted for cross-examination.
`
`46.
`
`I hereby declare that all statements made herein of my own knowledge
`
`are true and that all statements made on information and belief are believed to be
`
`true.
`
`Dated: September 21, 2023
`
`Respectfully submitted,
`
`21
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`Appendix A
`Appendix A
`
`
`MediaTek Exhibit 1021, Page 22 of 105
`
`
`
`
`
`Sylvia D. Hall-Ellis, Ph.D.
`Page 1 of 52
`
`CURRICULUM VITAE SYLVIA D. HALL-ELLIS
`
`
`EDUCATION
`Ph.D., University of Pittsburgh, Pittsburgh, Pennsylvania, 1985
`M.P.S., University of Denver, Denver, Colorado, 2014
`Post Graduate Studies, University of Texas – San Antonio, Texas, 1975-1976
`M.L.S., University of North Texas, Denton, Texas, 1972
`B.A., Rockford University, Rockford, Illinois, 1971
`
`
`PROFESSIONAL EXPERIENCE
`
`Consultant for higher education, non-profit organizations, and corporations.
`
`Adjunct Professor, School of Information, San José State University, San José,
`California. Serve as part-time faculty member teaching graduate students in technical services
`(cataloging, bibliographic control, classification), “core courses,” and special topics.
`
`Director, Grants and Resource Development, Colorado Community College System.
`Provided leadership and vision to foster the continued
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