`UNITED STATES PATENT AND TRADEMARK OFFICE
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`_______________
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`_____________
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`HYUNDAI MOTOR COMPANY,
`
`Petitioner
`v.
`MEL NAVIP LLC,
`Patent Owner
`
`Patent No. 8,244,465
`Inter Partes Review No.
`IPR2024-00172
`
`
`DECLARATION OF SYLVIA HALL-ELLIS, PH.D.
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`Hyundai Exhibit 1024, Page 1 of 12
`Hyundai Motor Company v. Mel Navip LLC
`IPR2024-00172
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`INTRODUCTION
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`1. My name is Sylvia D. Hall-Ellis. I have been retained as an expert on
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`I.
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`behalf of Hyundai Motor Company (“Petitioner”).
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`2.
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`I have written this report on behalf of Petitioner to provide my expert
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`opinion regarding the authenticity and public availability of a publication. 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 this publication.
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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
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`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 $350 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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`1
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`II. QUALIFICATIONS
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`6.
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`I am currently an Adjunct Professor in the School of Information at
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`San José State University. I obtained a Master of Library Science from the
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`University of North Texas in 1972 and a Ph.D. in Library Science from the
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`University of Pittsburgh in 1985. Over the last 50-plus years, I have held various
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`positions in the field of library and information resources. I was first employed as
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`a 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
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`the new cataloging rules) and as the chair of the Committee for Education and
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`Training of Catalogers and the Competencies and Education for a Career in
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`Cataloging Interest Group. I also served as the Chair of the ALCTS Division’s
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`Task Force on Competencies and Education for a Career in Cataloging.
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`Additionally, I have served as the Chair for the ALA Office of Diversity’s
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`Committee on Diversity, as a member of the REFORMA National Board of
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`Directors, as a member of the Editorial Board for the ALCTS premier cataloging
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`journal, Library Resources and Technical Services, as a Co-Chair of the Library
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`2
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`Hyundai Exhibit 1024, Page 3 of 12
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`IPR2024-00172
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`Research Round Table (LRRT) for the American Library Association, and as a
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`member of the LRRT Nominating Committee.
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`8.
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`I have also given over one hundred presentations in the field,
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`including several on library cataloging systems and Machine-Readable Cataloging
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`(“MARC”) standards. My current research interests include library cataloging
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`systems, metadata, and organization of electronic resources.
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`9. My full curriculum vitae is attached hereto as Exhibit 1025.
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`III. PRELIMINARIES
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`10.
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`Scope of this declaration. I am not an attorney and will not offer
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`opinions on the law. I am, however, rendering my expert opinion on the
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`authenticity of the documents referenced herein and on when and how each of
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`these documents was disseminated or otherwise made available to the extent that
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`persons interested and ordinarily skilled in the subject matter or art, exercising
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`reasonable diligence, could have located the documents before on or around the
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`listed dates of their respective publications below.
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`11.
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`I am informed by counsel that a printed publication qualifies as
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`publicly accessible as of the date it was disseminated or otherwise made available
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`such that a person interested in and ordinarily skilled in the relevant subject matter
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`could locate it through the exercise of ordinary diligence.
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`3
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`12. While I understand that the determination of public accessibility under
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`the foregoing standard rests on a case-by-case analysis of the facts particular to an
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`individual publication, I also understand that a printed publication is rendered
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`“publicly accessible” if it is cataloged and indexed by a library such that a person
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`interested in the relevant subject matter could locate it (i.e., I understand that
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`cataloging and indexing by a library is sufficient, though there are other ways that
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`a printed publication may qualify as publicly accessible). One manner of sufficient
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`indexing is indexing according to subject matter category. I understand that the
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`cataloging and indexing by a single library of a single instance of a particular
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`printed publication is sufficient, even if the single library is in a foreign country. I
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`understand that, even if access to a library is restricted, a printed publication that
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`has been cataloged and indexed therein is publicly accessible so long as a
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`presumption is raised that the portion of the public concerned with the relevant
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`subject matter would know of the printed publication. I also understand that the
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`cataloging and indexing of information that would guide a person interested in the
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`relevant subject matter to the printed publication, such as the cataloging and
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`indexing of an abstract for the printed publication, is sufficient to render the
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`printed publication publicly accessible.
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`4
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`13.
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`I understand that routine business practices, such as general library
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`cataloging and indexing practices, can be used to establish an approximate date on
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`which a printed publication became publicly accessible.
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`14. Persons of ordinary skill in the art. I am told by counsel that the
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`subject matter of this proceeding generally relates to navigation systems.
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`15.
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`I have been informed by counsel that a “person of ordinary skill in the
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`art at the time of the inventions” is a hypothetical person who is presumed to be
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`familiar with the relevant field and its literature at the time of the inventions. This
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`hypothetical person
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`is also a person of ordinary creativity, capable of
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`understanding the scientific principles applicable to the pertinent field.
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`16.
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`I am told by counsel that persons of ordinary skill in this subject
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`matter or art would have had an undergraduate degree in electrical engineering,
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`computer engineering, computer science, or an equivalent degree, as well as at
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`least three years of experience in the design and implementation of navigation
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`systems.
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`17.
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`It is my opinion that such a person would have been engaged in
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`research, learning, thorough study and practice in the field and possibly through
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`formal instruction the bibliographic resources relevant to his or her research. In
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`the 2007 timeframe, such a person would have had access to a vast array of long-
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`established print resources in the area of navigation systems.
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`5
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`Hyundai Exhibit 1024, Page 6 of 12
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`IPR2024-00172
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`IV. EXHIBIT 1015 (“TOMTOM”)
`18. Exhibit 1015 is a copy of the document titled TomTom ONE Manual
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`prepared by TomTom International B.V. (hereafter “TomTom”). The document is
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`identified as Part no. 4N00.001 (see EX1015, page 68). I downloaded the
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`document from the Internet1 and made the copy that is Exhibit 1015.
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`19. The TomTom ONE Manual is a true and accurate copy of the
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`document that was issued and distributed to purchasers of automobiles with the
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`navigation system. The document bears a 2005 copyright date (see EX1015, page
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`68). Specifically, the text of the TomTom ONE Manual document is complete; no
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`pages are missing, and the text on each page appears to flow seamlessly from one
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`page to the next; further, there are no visible alterations to the document. Exhibit
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`1015 was found within the custody of the issuing corporate entity – a place where,
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`if authentic, a copy of this document would likely be.
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`20. Attachment A is an official press release titled “TomTom brings
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`personal navigation to everyONE” announcing the release of the TomTom ONE
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`navigation system on October 17, 2005, which was prepared and distributed by the
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`TomTom Newsroom on October 24, 2005. Attachment A is a true and correct copy
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` 
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`1
`https://download.tomtom.com/open/manuals/one/refman/Main_menu_EN_US.htm
`l
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`6
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`Hyundai Exhibit 1024, Page 7 of 12
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`of the press release which I also accessed from the TomTom Newsroom archives.2
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`Specifically, the text of Attachment A is complete; no pages are missing, and the
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`text on each page appears to flow seamlessly from one page to the next; further,
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`there are no visible alterations to Attachment A compared to what is currently
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`accessible on the Internet. Further, Attachment A was found within the custody of
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`the archives for the issuing corporate entity (i.e., TomTom International B.V.), a
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`place where, if authentic, a copy of this press release would likely be. Attachment
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`A is a true and correct copy in a condition that creates no suspicion about its
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`authenticity.
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`21. A press release exhibits the following characteristics: the press release
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`is attributed to a creator or author (in this case, TomTom International B.V.) which
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`affixes a date of creation (in this case, October 24, 2005) and publishes the
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`document.
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`22. Based on finding a digital copy of Attachment A on the Internet, it is
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`my opinion that the press release titled “TomTom brings personal navigation to
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`everyONE” was available to the public on October 24, 2005, as indicated on the
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`document. It is also my opinion that there is no reason to doubt the authenticity of
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`Attachment A given its appearance, contents, and the web address from which it
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`2 https://www.tomtom.com/newsroom/press-releases/general/16291/tomtom-
`brings-personal-navigation-to-everyone/
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`7
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`Hyundai Exhibit 1024, Page 8 of 12
`Hyundai Motor Company v. Mel Navip LLC
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`was obtained.
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`23. Exhibit 1015 is a true and correct copy of the document titled
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`TomTom ONE Manual in a condition that creates no suspicion about its
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`authenticity. Based on the date recorded in the document and the TomTom press
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`release (Attachment A), it is my opinion that the TomTom ONE Manual was
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`available to the public on October 17, 2005, or shortly thereafter.
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`V.
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`SUMMARY OF OPINIONS
`24.
`In view of the foregoing, it is my opinion that the publications
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`described above were publicly available no later than the corresponding date listed
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`in the table below:
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`Exhibit
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`1015
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`25.
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`Publication
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`TomTom International B.V., TomTom One
`Manual, Part no. 4N00.001, Amsterdam, The
`Netherlands: TomTom International B.V.,
`c2005.
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`Publicly Available
`No Later Than
`October 17, 2005
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`In signing this Declaration, I recognize that the Declaration will be
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`filed as evidence in a case before the Patent Trial and Appeal Board of the United
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`States Patent and Trademark Office. I also recognize that I may be subject to
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`cross-examination in the case and that cross-examination will take place within the
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`United States. If cross-examination is required of me, I will appear for cross-
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`examination within the United States during the time allotted for cross-
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`examination.
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`8
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`Hyundai Exhibit 1024, Page 9 of 12
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`26.
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` I hereby declare that all statements made herein of my own
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`knowledge are true and that all statements made on information and belief are
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`believed to be true, and further that these statements were made with the
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`knowledge that willful false statements and the like so made are punishable by fine
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`or imprisonment, or both, under Section 1034 of Title 18 of the United States
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`
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`Code.
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`DATED: November 14, 2023
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`Hyundai Exhibit 1024, Page 10 of 12
`Hyundai Motor Company v. Mel Navip LLC
`IPR2024-00172
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`ATTACHMENT A
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`Hyundai Exhibit 1024, Page 11 of 12
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`TomTom brings personal navigation to everyONE
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`London, UK, 17 October 2005 TomTom, Europe’s leading personal and in-car navigation solution provider, today announces
`the launch of its new TomTom ONE product. TomTom ONE combines a new slimmer, lighter design with TomTom’s award-
`winning software at € 399.
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`Ideal for first time navigation users, TomTom ONE combines ease of use, portability, unique touch screen technology and a
`sleek new design. With TomTom ONE, everyONE can find their way from A to B!
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`Drivers can enjoy the benefits of a TomTom ONE immediately, thanks to TomTom’s award-winning plug and drive navigation
`software pre-installed on a memory card. This means there is no need to download complicated software, just plug in and start
`using. TomTom ONE comes with the latest regional maps provided by TeleAtlas.TomTom ONE is the size of a wallet and
`weighs in at only 260 grams, making it extremely portable. Additionally, TomTom ONE does not compromise on screen size
`which allows for optimal visibility in the car environment.
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`Even better, TomTom ONE delivers all the smart technology provided across the TomTom product range. The on-board
`Bluetooth connectivity enables TomTom ONE users to download a host of additional services, as part of the TomTom PLUS
`package. Features include TRAFFIC, safety camera information, as well as various other services.
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`“TomTom ONE boasts exceptional TomTom quality in a streamlined, easy to use package. As the most affordable integrated
`product we have ever brought to market, TomTom ONE makes personal navigation a reality for all, broadening our appeal and
`customer base,” said Harold Goddijn, TomTom’s chief executive officer. “For first time entrants to the navigation market,
`TomTom ONE provides all the core features, with the added benefit of TomTom PLUS services, easy to utilise via Bluetooth
`connectivity. And all of that at a great price” TomTom ONE is the entry level model in TomTom’s family of integrated navigation
`devices.
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`The award winning TomTom product family of integrated devices ranges from:
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`TomTom GO 700: Hands-free calling, maps of Europe and remote control
`TomTom GO 500: Hands-free calling, country specific maps + Major Road Network of Europe
`TomTom GO 300: Country specific maps
`TomTom ONE: TomTom’s newest integrated navigation device
`TomTom ONE is available in shops from November 2005.
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`About TomTom
`TomTom NV is a leading provider of personal navigation products and services to the consumer market. TomTom's products
`are developed with an emphasis on innovation, quality, ease of use and value. TomTom's products include all-in-one
`navigation devices which enable customers to navigate right out of the box, as well as navigation software products which
`integrate with third party devices such as PDAs and smartphones. TomTom's portfolio of products and services includes the
`award-winning TomTom GO family of integrated navigation devices, the TomTom Navigator software for PDAs, TomTom
`MOBILE navigation software for smartphones and TomTom Plus, a location-based content and services offering for TomTom's
`navigation products.
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`TomTom was founded in 1991 in Amsterdam and has offices in the Netherlands, the United Kingdom, the United States and
`Taiwan. TomTom's products are sold through a network of leading retailers in 17 countries and online.
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`Hyundai Exhibit 1024, Page 12 of 12
`Hyundai Motor Company v. Mel Navip LLC
`IPR2024-00172
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