throbber
Case 5:19-cv-00036-RWS Document 390-4 Filed 07/06/20 Page 1 of 61 PageID #: 19275
`Case 5:19-cv-00036—RWS Document 390-4 Filed 07/06/20 Page 1 of 61 PageID #: 19275
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`EXHIBIT 3
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`EXHIBIT 3
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`Case 5:19-cv-00036-RWS Document 390-4 Filed 07/06/20 Page 2 of 61 PageID #: 19276
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`IN THE UNITED STATES DISTRICT COURT
`FOR THE EASTERN DISTRICT OF TEXAS
`TEXARKANA DIVISION
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`MAXELL, LTD.,
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`Plaintiff,
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`vs.
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`APPLE INC.,
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` Civil Action No. 5:19-cv-00036-RWS
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`Defendant.
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`EXPERT REPORT OF JACOB ROBERT MUNFORD
`CONCERNING PUBLICATION AND PUBLIC ACCESSIBILITY
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`- i -
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`Case 5:19-cv-00036-RWS Document 390-4 Filed 07/06/20 Page 3 of 61 PageID #: 19277
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`I.
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`INTRODUCTION
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`1.
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`My name is Jacob Robert Munford. I have been asked to submit this report on
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`behalf of Apple, Inc. (“Apple”). I have been retained as an expert by Apple to study and to
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`provide opinions on when certain articles and reports were published and publicly accessible.
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`2.
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`I am over the age of 18, have personal knowledge of the facts set forth herein, and
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`am competent to testify to the same. This report and my opinions contained herein are subject to
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`change or modification if additional relevant information becomes available that bears on my
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`analysis.
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`II.
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`EXPERIENCE AND COMPENSATION
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`3.
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`Information concerning my professional qualifications, experience, publications,
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`and presentations in the field of library sciences in which I have served as an expert are set forth
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`in my current Curriculum Vitae, attached hereto as Exhibit 1.
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`4.
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`I earned a Master of Library and Information Science (MLIS) from the University
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`of Wisconsin-Milwaukee in 2009. I have over ten years of experience in the library/information
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`science field. Beginning in 2004, I have served in various positions in the public library sector
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`including Assistant Librarian, Youth Services Librarian and Library Director.
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`5.
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`During my career in the library profession, I have been responsible for materials
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`acquisition for multiple libraries. In that position, I have cataloged, purchased and processed
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`incoming library works. That includes purchasing materials directly from vendors, recording
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`publishing data from the material in question, creating detailed material records for library
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`catalogs and physically preparing that material for circulation. In addition to my experience in
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`acquisitions, I was also responsible for analyzing large collections of library materials, tailoring
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`library records for optimal catalog search performance and creating lending agreements between
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`libraries during my time as a Library Director.
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`- 1 -
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`Case 5:19-cv-00036-RWS Document 390-4 Filed 07/06/20 Page 4 of 61 PageID #: 19278
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`6.
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`I have been retained on behalf of the Apple to provide assistance in the above-
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`illustrated matter in establishing the authenticity and public availability of the documents
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`discussed in this declaration. I am being compensated for my services in this matter at the rate of
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`$100.00 per hour plus reasonable expenses. My statements are objective, and my compensation
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`does not depend on the outcome of this matter.
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`III. LEGAL STANDARDS
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`7.
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`I am not an attorney and have not been asked to offer my opinion on the law. As
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`an expert offering an opinion on whether certain articles and reports qualify as printed
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`publications, however, I understand that I am obliged to follow existing law. I understand the
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`following legal principles apply.
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`8.
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`Counsel has informed me that under 35 U.S.C. § 102, certain materials may
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`qualify as prior art in patent litigation cases when that material constitutes a “printed
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`publication.” I understand that to qualify as a printed publication, the material in question must
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`be sufficiently accessible to the public interested in the art. In turn, material is sufficiently
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`accessible if it was disseminated or otherwise made available to the extent that persons interested
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`and ordinarily skilled in the subject matter or art exercising reasonable diligence can locate it. I
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`further understand that accessibility goes to the issue of whether interested members of the
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`relevant public could obtain the information if they wanted to and not whether any particular
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`member of the public actually retrieved the material.
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`9.
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`I understand that one way to demonstrate public accessibility is to show
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`competent evidence of general library practices that indicates an approximate time when the
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`material in question was published or became publicly accessible. For example, I understand
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`that cataloging or indexing a material in a library can show the material was sufficiently
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`accessible to those interested in the art. I also understand that this is not the only way to prove
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`Case 5:19-cv-00036-RWS Document 390-4 Filed 07/06/20 Page 5 of 61 PageID #: 19279
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`public accessibility, and, among other ways, it can also be proven by the material's copyright
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`date or citations to it by other materials.
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`IV.
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`LIBRARY CATALOGING PRACTICES
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`10.
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`I am fully familiar with the catalog record creation process in the library sector.
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`In preparing a material for public availability, a library catalog record describing that material
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`would be created. These records are typically written in Machine Readable Catalog (herein
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`referred to as “MARC”) code and contain information such as a physical description of the
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`material, metadata from the material’s publisher, and date of library acquisition. In particular,
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`the 008 field of the MARC record is reserved for denoting the date of creation of the library
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`record itself. As this typically occurs during the process of preparing materials for public access,
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`it is my experience that an item’s MARC record indicates the date of an item’s public
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`availability.
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`V.
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`OPINIONS
`A.
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`Abowd
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`11.
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`I have reviewed “Cyberguide: A mobile context-aware tour guide” by Gregory D.
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`Abowd, Christopher G. Atkeson, Jason Hong, Sue Long, Rob Kooper and Mike Pinkerton
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`(hereto referred to as ‘Abowd’) as presented in Wireless Networks October 1997 [APL-
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`MAXELL_00710535 - APL-MAXELL_00775400].
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`12.
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`Attached hereto as Exhibit 2A is a true and correct copy of the cover, spine, title
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`page, table of contents and complete ‘Abowd’ from Wireless Networks October 1997 held by the
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`University of Pittsburgh. I secured this Exhibit myself in person.
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`13.
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`Attached hereto as Exhibit 2B is a true and correct copy of the MARC record
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`describing Wireless Networks as held by the University of Pittsburgh. I secured this record
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`myself from the library’s online catalog. The 008 field of this MARC record indicates Wireless
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`- 3 -
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`Case 5:19-cv-00036-RWS Document 390-4 Filed 07/06/20 Page 6 of 61 PageID #: 19280
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`Networks was first catalogued by the University of Pittsburgh as of April 3, 1995. The ‘Holdings
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`Information’ field on page 2 of the library record indicates this journal was held by this library in
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`perpetuity from 1996 - 2003. This date range indicates the library’s collection includes the
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`October 1997 publication of IEEE Communications Magazine containing “Abowd”. The book
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`bindery sticker on page 25 of 2B indicates multiple volumes of Wireless Networks owned by the
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`University of Pittsburgh spanning 1996-1997 were sent off to a book bindery sometime during
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`January - March 1998.
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`14.
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`Attached hereto as Exhibit 2C is a true and correct copy of complete ‘Abowd’
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`from Wireless Networks October 1997 held by Carnegie Mellon University as ‘p421-abowd.pdf’.
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`I secured this Exhibit myself in person.
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`15.
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`Attached hereto as Exhibit 2D is a true and correct copy of the MARC record
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`describing Wireless Networks as held by Carnegie Mellon University. I secured this record
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`myself from the library’s online catalog. The 008 field of this MARC record indicates Wireless
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`Networks was first cataloged by the Carnegie Mellon University as of January 22, 1999. The
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`‘Holdings Information’ field on page 3 of the library record indicates this journal has been held
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`by this library in perpetuity since 1999. This date range indicates the library’s collection
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`includes the entirety of IEEE Communications Magazine via ACM Digital Library, including the
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`October 1997 edition containing “Abowd”.
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`16.
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`Considering the MARC record data of each library in concert with the book
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`bindery sicker, it is my determination that the October 1997 edition of Wireless Networks was
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`made available and accessible to the public by the University of Pittsburgh shortly after initial
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`publication and certainly no later than March 1998. Based on journal availability, it is my
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`Case 5:19-cv-00036-RWS Document 390-4 Filed 07/06/20 Page 7 of 61 PageID #: 19281
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`determination that ‘Abowd’ was made available and accessible to the public in October 1997
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`shortly after initial publication via Wireless Networks October 1997.
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`VI. CONCLUSION
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`17.
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`I hereby declare that all statements made herein of my own knowledge are true
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`and that all statements made on information and belief are believed to be true, and further that
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`these statements were made with the knowledge that willful false statements and the like so
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`made are punishable by fine or imprisonment, or both, under Section 1001 of Title 18 of the
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`United States Code.
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`18.
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`If called upon to do so, I will offer testimony at trial or otherwise regarding these
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`opinions and will offer rebuttal testimony as appropriate throughout the remainder of this
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`proceeding. If asked to more fully explain my opinions as expressed in this report, I reserve the
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`right to rely on various portions of the references that I have discussed in this report that I have
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`not already explicitly cited to in this report.
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`19.
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`I reserve the right to supplement my report in light of any additional discovery,
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`expert reports, or trial testimony.
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`- 5 -
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`Case 5:19-cv-00036-RWS Document 390-4 Filed 07/06/20 Page 8 of 61 PageID #: 19282
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`Dated: May 7, 2020
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`Jacob Robert Munford
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`- 6 -
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`PUBLIC VERSION
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`Case 5:19-cv-00036-RWS Document 390-4 Filed 07/06/20 Page 9 of 61 PageID #: 19283
`Case 5:19-cv-00036—RWS Document 390-4 Filed 07/06/20 Page 9 of 61 PageID #: 19283
`PUBLIC VERSION
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`EXHIBIT 1
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`EXHIBIT 1
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`PUBLIC VERSION
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`Case 5:19-cv-00036-RWS Document 390-4 Filed 07/06/20 Page 10 of 61 PageID #: 19284
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`Jacob Robert Munford - Curriculum Vitae Education
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`University of Wisconsin-Milwaukee - MS, Library & Information Science, 2009
`Milwaukee, WI
`● Coursework included cataloging, metadata, data analysis, library systems,
`management strategies and collection development.
`● Specialized in library advocacy and management.
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`Grand Valley State University - BA, English Language & Literature, 2008
`Allendale, MI
`● Coursework included linguistics, documentation and literary analysis.
`● Minor in political science with a focus in local-level economics and
`government.
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`Professional Experience
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`Researcher / Expert Witness, October 2017 – present
`Freelance
`Pittsburgh, Pennsylvania
`● Material authentication and public accessibility determination. Declarations
`of authenticity and/or public accessibility provided upon research
`completion. Depositions provided on request.
`● Research provided on topics of public library operations, material
`publication history, digital database services and legacy web resources.
`● Past clients include Apple, Fish & Richardson, Erise IP, Baker Botts and
`other firms working in patent law.
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`Library Director, February 2013 - March 2015
`Dowagiac District Library
`Dowagiac, Michigan
`● Executive administrator of the Dowagiac District Library. Located in
`Southwest Michigan, this library has a service area of 13,000, an annual
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`Case 5:19-cv-00036-RWS Document 390-4 Filed 07/06/20 Page 11 of 61 PageID #: 19285
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`operating budget of over $400,000 and total assets of approximately
`$1,300,000.
`● Developed careful budgeting guidelines to produce a 15% surplus during the
`2013-2014 & 2014-2015 fiscal years.
`● Using this budget surplus, oversaw significant library investments including
`the purchase of property for a future building site, demolition of existing
`buildings and building renovation projects on the current facility.
`● Led the organization and digitization of the library's archival records.
`● Served as the public representative for the library, developing business
`relationships with local school, museum and tribal government entities.
`● Developed an objective-based analysis system for measuring library services
`- including a full collection analysis of the library's 50,000+ circulating
`items and their records.
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`November 2010 - January 2013
`Librarian & Branch Manager, Anchorage Public Library
`Anchorage, Alaska
`● Headed the 2013 Anchorage Reads community reading campaign including
`event planning, staging public performances and creating marketing
`materials for mass distribution.
`● Co-led the social media department of the library's marketing team, drafting
`social media guidelines, creating original content and instituting long-term
`planning via content calendars.
`● Developed business relationships with The Boys & Girls Club, Anchorage
`School District and the US Army to establish summer reading programs for
`children.
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`June 2004 - September 2005, September 2006 - October 2013
`Library Assistant, Hart Area Public Library
`Hart, MI
`● Responsible for verifying imported MARC records and original MARC
`cataloging for the local-level collection as well as the Michigan Electronic
`Library.
`● Handled OCLC Worldcat interlibrary loan requests & fulfillment via
`ongoing communication with lending libraries.
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`Case 5:19-cv-00036-RWS Document 390-4 Filed 07/06/20 Page 12 of 61 PageID #: 19286
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`Professional Involvement
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`Alaska Library Association - Anchorage Chapter
`● Treasurer, 2012
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`Library Of Michigan
`● Level VII Certification, 2008
`● Level II Certification, 2013
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`Michigan Library Association Annual Conference 2014
`● New Directors Conference Panel Member
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`Southwest Michigan Library Cooperative
`● Represented the Dowagiac District Library, 2013-2015
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`Professional Development
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`Library Of Michigan Beginning Workshop, May 2008
`Petoskey, MI
`● Received training in cataloging, local history, collection management,
`children’s literacy and reference service.
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`Public Library Association Intensive Library Management Training, October 2011
`Nashville, TN
`● Attended a five-day workshop focused on strategic planning, staff
`management, statistical analysis, collections and cataloging theory.
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`Alaska Library Association Annual Conference 2012 - Fairbanks, February 2012
`Fairbanks, AK
`● Attended seminars on EBSCO advanced search methods, budgeting,
`cataloging, database usage and marketing.
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`Case 5:19-cv-00036—RWS Document 390-4 Filed 07/06/20 Page 13 of 61 PageID #: 19287
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`EXHIBIT 2A
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`EXHIBIT 2A
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`Case 5:19-cv-00036-RWS Document 390-4 Filed 07/06/20 Page 14 of 61 PageID #: 19288
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`Case 5:19-cv-00036—RWS Document 390-4 Filed 07/06/20 Page 15 of 61 PageID #: 19289
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`WIRELESS
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`NETWORKS
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`Case 5:19-cv-00036-RWS Document 390-4 Filed 07/06/20 Page 16 of 61 PageID #: 19290290
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`1919-«11-1‘13 1-.I:5|E|
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`Title: wireless networks.
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`Req. Date: 2813/11/13 13:3?:24
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`Case 5:19-cv-00036-RWS Document 390-4 Filed 07/06/20 Page 17 of 61 PageID #: 19291
`Case 5:19-cv-00036—RWS Document 390-4 Filed 07/06/20 Page 17 of 61 PageID #: 19291
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`Advances
`in WirelesS
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`Networking
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`
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`@
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`.—
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`!
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`BALTZER
`SCIENCE
`PUBLISHERS
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`Editors:
`
`Luigi Fratta — Biswanath Mukherjee
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`.L
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`_-
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`_
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`.‘
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`Case 5:19-cv-00036-RWS Document 390-4 Filed 07/06/20 Page 18 of 61 PageID #: 19292
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`Case 5.19-cv 00036 RWS Document 39%3100 V|ERSION
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`Ballzcr Science Publishers. Amslcrdum, The Netherlands
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`© JCC Burner AU H997}
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`Wireless Ncrwnrks. The journal nl' mobile cmnmuuicutinn. mmpulalion and information. ISSN “122—0038
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`Advances in WiI‘CICSh Netwnrking
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`Case 5:19-cv-00036-RWS Document 390-4 Filed 07/06/20 Page 19 of 61 PageID #: 19293
`Case 5:19-cv-00036—RWS Document 390-4 Filed 07/06/20 Page 19 of 61 PagelD #: 19293
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`.'_v;__r'_;_.:j less Networks 3 (I99?)
`
`Contents
`
`Editorial
`iiMobile power management for wireless communication networks
`~J.M. Rubric-k and N. Bambos
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`I
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`:New call blocking versus handoff blocking in cellular networks
`M. Sidt‘ and D. Smmbinski
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`0n optimal call admission control in cellular networks
`R. Ramjee. D. firwsl'ey and R. Nagarryian
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`Slotted ALOHA and CDPA: A comparison of channel access performance in cellular systems
`E Borgmmvo and M. Zmzt'
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`Delay analysis for forward signaling channels in wireless cellular network
`I. Rubin and C. Chm‘
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`A new model for scheduling packet radio networks
`' A. Sen and ML Husmt
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`Unified power control. error correction coding and scheduling for a CDMA downlink system
`1! Lu and R. Bmdemen
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`Using channel state dependent packet scheduling to improve TCP throughput over wireless LANs
`R Bhagwar. P. Bhntmcharjm. A. Krishna and SK. Triporhr'
`
`l
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`3
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`l 5
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`29
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`43
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`53
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`71
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`83
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`91
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`Case 5:19-cv-00036-RWS Document 390-4 Filed 07/06/20 Page 20 of 61 PageID #: 19294
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` Wireless NUIVVUI‘kl-u 3 I199?)
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`Contents
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`Transmissinn pnlieies and traffic management in multimedia wireless networks
`A. Bm'i'efl. HJ’. Stem mu! 2”. Pupmmmi—Krum’mt
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`Sim-r shadowing and muerndiveraity in the Capture—Division Puekel Aeeess ((‘DPAI
`If ijermrn‘u. M. Zm'ri' mid L. l'i'rmu
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`ASK digital demodulation scheme for noise immune infrared dillil wmmunieutinn
`H. Una. K. Kimmtmn. H. Uknhum. i.
`.S'hi'i'akun'u and I Chiba
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`Oplieal interference produced h_\' :miliciul light
`AJI‘. vaim. R. T.
`l-hl’url’m‘ and ,4.M. do ()h't't‘im {)nm'te
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`Initial estilnutinn nl‘ mmmunieutiun el'lieieney ul' intlnnr wireless channels
`(IJ. Fm'rhiii." mid RA.
`l-hl'wtmehi
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`Hybrid diversity combining techniques for [)S—(‘DMA over a mtlltipzllh hiding channel
`MA. 1')“ mid 5.11 WM
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`155
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`Ensemble pulling strategies for
`networks
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`(1. Raw and R. Htmw
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`inereused paging eupueil)
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`in mobile communication
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`15‘]
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`Case 5:19-cv-00036-RWS Document 390-4 Filed 07/06/20 Page 21 of 61 PageID #: 19295
`Case 5:19-cv-00036—RWS Docume
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`nt 39%;l05g3309u7/06/20 Page 21 of 61 PageID #: 19295
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`Wireless Networks 3 IIWT}
`
`I
`
`Contents
`
`Cuniulatoo interference power and hit—crror—ratcs in mobile packct radio
`M. Hellcbrmtd! and R. Mathw‘
`
`A simpliticd approach to the performance evaluation of FDMA—CDMA systems
`G. hmnm‘ill’i. ML. Mcmm' and MK. Shuhin
`Network architecture and traffic transport for integrated wireless communications over
`enterprise networks
`H.C'.B. Chan. 1Emilia". Lenny and RW. Donaldson
`
`
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`Paging strategy optimization in personal communication systems
`A. Abttmh'b and VaK. Li
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`Location update optimization in personal communication systems
`A. Attitude!) and VOK. Li
`
`Performance modeling of asynchronous data transfer methods of IEEE 8011] MAC
`protocol
`HS. Chhriya and S. Gupta
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`Escrow techniques for mobile sales and inventory applications
`N. Krishimkmnw‘ and R. Jain
`
`217
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`IJ I‘D-l 'JI
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`Wireless Nelworks 3 {ll-19?}
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`i
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`’
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`Contents
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`Editorial
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`Design and control of microacellulalr neiworks with 008 provisioning for dulu traffic
`M. Nrighshineh and (4,5. Ar'mlipw'fl
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`A rate-based overload conlrol method for the radio channel in PCN
`NJ. Prams and LE Memkm
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`Error correction and error detection techniques for wireless ATM systems
`S. Aikon'ri. Y. Momymno and M. Umehim
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`PHS terminating call] control
`S. Suzuki. T. Mom and Y.
`.S‘hiimm
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`Satellite-PCS channel simululion in mobile user environments using photogrammelry
`and Markov chains
`
`A control and management network for wireless ATM systems
`31'? Bush. 5. Jugonmirh. R. Sanchez, J.B. Evans. VS. Frost. (FJ. Minder: and
`KS. Slummiigmi
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`H.-P. Lin. R. Abram: and WJ. Vngei
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`Case 5.19 cv 00036 RWS Document 39thJBLIC VIERSION
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`Wireless Networks 3 (199'?)
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`Contents
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`Editorial
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`'
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`Scheduling techniques for reducing processor energy use in MacOS
`1R, Lord: and AJ. Smith
`
`Spectrum sharing under the asynchronous UPCS etiquette: The performance of collocated
`systems under heavy load
`I. Vukovic and J. McKown
`
`A dynamic load balancing strategy for channel assignment using selective borrowing in
`cellular mobile environment
`
`S.K. Dos. SK. Sen and R. Jayarom
`
`Dependency sequences and hierarchical clocks: Efficient alternatives to vector clocks for
`mobile computing systems
`R. Prakash and M. Singha!
`
`Efficient and flexible location management techniques for wireless communication
`systems
`
`J. meink, D. £11m. N. Shivaknmm; J. Widom and D. C. Cox
`
`Low—loss TCPHP header compression for wireless networks
`M. Degemiark. M. Engan. B. Nordgren and S. Pink
`
`TCP extensions for space communications
`RC. Durst, GJ. Miller and EJ. Travis
`
`Building reliable mobile—aware applications using the Rover toolkit
`AD. Joseph and ME Kaashoek
`
`Cyberguide: A mobile context-aware tour guide
`GD. Abowd, CG. Atkeson. J. Hang, S. bang. R. Keeper and M. Pinkerton
`
`309
`
`3] ]
`
`325
`
`333
`
`349
`
`36]
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`375
`
`339
`
`405
`
`42l
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`
`
`PUBLIC VERSION
`
`

`

`Case 5:19-cv-00036-RWS Document 390-4 Filed 07/06/20 Page 24 of 61 PageID #: 19298
`Case 5:19-cv-00036—RWS Document 390-4 Filed 07/06/20 Page 24 of 61 PageID #: 19298
`PUBLIC VERSION
`_.
`
`.
`
`.t: 3 (1997)
`
`435
`
`439
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`455
`
`453
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`4‘71
`
`4T!
`
`489
`
`499
`
`51]
`
`519
`
`Contents
`
`_
`
`.pjological aspects of mobile communication fields
`9!
`.Li'n
`
`load-brain barrier permeability in rats exposed to electromagnetic fields used in wireless communication
`.-_,'.R.R. Perssan. LG. Solfiyrd and A. Bran
`
`rain tumour development in rats exposed to electromagnetic fields used in wireless cellular communication
`G. Salford, A. Brain and B.R.R. Perssan
`
`
`
`
`
`altrexone blocks RFR-induced DNA double strand breaks in rat brain cells
`.-H. Lai, M. Carina and N. Singh
`
`Enhancement of the interaction between [ow-intensity R.F. em. fields and ligand binding due to cell basal
`
`.metabolism
`-_B. Bianca, A. Chiabrera, E. Maggie and 71 Tommasr'
`
`
`
`Amplitude modulated RF fields stemming from a GSWDCS-ISOO phone
`GE Pedersen
`
`Evaluation of electromagnetic power deposition in a spherical multilayer head in the near field of a linear antenna
`'6. Cem'. R. De Leo and G. Rosellim'
`
`Assessment of the potential risk for humans exposed to millimeter-wave wireless LANs:
`eye
`
`the power absorbed in the
`
`P. Bemardi, M. Cavagnam and S. Pisa
`
`. Author index
`
`
`
`PUBLIC VERSION
`
`

`

`Case 5:19-cv-00036-RWS Document 390-4 Filed 07/06/20 Page 25 of 61 PageID #: 19299
`Case 5:19-cv-00036—RWS Document 390-4 Filed 07/06/20 Page 25 of 61 PagelD #: 19299
`PUBLIC VERSION
`
`Wireless Networks 3 (199?) 421—433
`
`
`
`Cyberguide: A mobile context-aware tour guide
`
`Gregory D. Abowd“. Christopher G. Atkeson“, Jason Hung“. Sue Long “b, Rob Koopera and Mike Pinkerton“
`" Graphics. Visualization and Usability Centre. College of Computing. Georgia institute of Technology. Atlanta. GA 30332-0280.USA
`i‘ ilr'inlr Communications, Alameda. CA 9450!. USA
`
`Future computing environments will free the user from the constraints of the desktop. Applications for a mobile environment should
`take advantage of contextual information, such as position, to offer greater services to the user.
`In this paper, we present the Cybcrguide
`project, in which we are building prototypes of a mobile context-aware tour guide. Knowledge of the user‘s current location. as well as a
`history of past locations. are used to provide more of the kind of services that we come to expect from a real tour guide, We describe the
`architecture and features of a variety of Cyberguide prototypes developed for indoor and outdoor use on a number of different hand'held
`platforms. We also discuss the general research issues that have emerged in our context—aware applications development in a mobile
`environment.
`
`1. Introduction
`
`Future computing environments promise to free the user
`from the constraints of stationary desktop computing, yet
`relatively few researchers are investigating what applica-
`tions maximally benefit from mobility. Current use of mo-
`bile technology shows a slow evolution from our current
`desktop paradigm of computing, but the history of inter-
`action shows thal the adoption of new technology usually
`brings about a radical revolution in the way humans use
`and view technology [1 1]. Whereas the effective use of
`mobile technology will give rise to an interaction para-
`digm shift. it is difficult to predict what that shift will be.
`We follow the advice of Alan Kay, therefore, and choose
`to predict the future by inventing it. Our approach is to
`think first about what activities could be best supported
`by mobile technology and then determine how the tech—
`nology would have to work. This applications focus is
`important to distinguishing our work in mobile comput-
`ing.
`in April 1995. we formed the Future Computing Envi-
`ronments (FCE) Group within the College of Computing
`and the Graphics, Visualization and Usability (GVU Cen-
`ter} at Georgia Tech to promote such an applications focus.
`Our group is committed to the rapid prototyping of appli—
`cations that benelit from the use of emerging mobile and
`ubiquitous computing technologies. Quick development of
`these futuristic applications allows us to predict and shape
`what our everyday lives will be like when today‘s novel
`technology becomes commonplace.
`Applications for a mobile environment should take ad-
`vantage of contextual information. such as pesition. to of-
`fer greater scrvices to the user.
`In this paper, we present
`the Cyberguidc project, a series of prototypes of a mobile,
`hand-held context—aware tour guide. Initially, we are con-
`cerned with only a small part of the user‘s context, specif-
`ically location and orientation. Knowledge of the user's
`current location, as well as a history of past locations, are
`used to provide more of the kind of services that we come
`
`© LC. Battier AG, Science Publishers
`
`to expect from a real tour guide. We describe the archi-
`tecture and features of a variety of Cyberguide prototypes
`developed for indoor and outdoor use on a number of dif~
`ferent hand—held platforms. We also discuss the general
`research issues that have emerged in our experience of de~
`veloping context-aware applications in a mobile environ-
`ment. Some of these research issues overlap with those
`that we have considered in applying other applications of
`ubiquitous computing technology.
`The general application domain which has driven the
`development of Cyberguide is tourism, but we have found
`it necessary to be even more focused in our research. The
`initial prototypes of Cyberguide, therefore, were designed
`to assist a very specific kind of tourist — a visitor in a tour
`of the GVU Center Lab during our monthly open houses.
`Visitors to a GVU open house are typically given a map
`of the various labs and an information packet describing
`all of the projects that are being demonstrated at various
`sites. Moving all of the paper-based information into a
`hand-held, position-aware unit provided a testbed for re-
`search questions on mobile. contextwaware application de-
`velopmcnt.
`The long-term goal is an application that knovvs where
`the tourist is. what she is looking at, can predict and answer
`questions she might pose, and provide the ability to inter—
`act with other people and the environment. Our short-term
`goal was to prototype versions of Cyberguide on commer-
`cially available PDAs and pen-based PCs in which context-
`awarcness simply meant the current physical position and
`orientation of the Cyberguide unit (and since it is handwheld.
`this locates the user as well). Position information improves
`the utility of a tour guide application. As the prototypes of
`Cyberguide evolve, we have been able to handle more of
`the user’s context. such as where she and others have been,
`and we have increased the amount in which the tourist can
`
`interact and communicate with the place and people she is
`visiting.
`
`PUBLIC VERSION
`
`

`

`Case 5:19-cv-00036-RWS Document 390-4 Filed 07/06/20 Page 26 of 61 PageID #: 19300
`Case 5:19-cv-00036—RWS Document 390-4 Filed 07/06/20 Page 26 of 61 PageID #: 19300
`PUBLIC VERSION
`
`422
`
`(ID. Abnwd et at. f Cybergut'de: A mobile context-aware tour guide
`
`1.}. Overview
`
`This paper is an extended version of an earlier report on
`Cyhcrguide [71, we discuss the evolution of the Cyberguide
`design and prototype as well as what future research areas
`our experience has uncovered. We begin in section 2 by
`describing scenarios for the use of context-aware mobile
`applications.
`In section 3, we provide context for our re-
`search within the area of applications-centered mobile com-
`puting. The generic architecture of Cyberguide is explained
`in section 4. We will describe in section 5 the initial re-
`
`alization of the generic components of the Cyberguide ar-
`chitecture. a series of prototypes developed for the Apple
`MessagePad. We will then describe in section 6 how the
`initial
`indoor prototypes were extended for use outdoors
`and for greater interaction with the environment. We con—
`clude in sections 7 and 8 with a discussion of significant
`issues for context-aware applications development and how
`our past experience will influence our future deveIOpment
`plans.
`
`2. Scenarios for a mobile context-aware application
`
`This section outlines some possible uses for future mo-
`bile comcn-aware applications. Some of these uses are
`currently being implemented and some are futuristic. We
`begin with our initial assumptions about what technology
`we expect Cybcrguidc to use. Tourists are usually quite
`happy to carry around a book that describes the location
`they are visiting. so a reasonable packaging would be in
`the form of a hand—held device. The ideal hand—held de~
`
`vicc will have a screen and pent'fingcr interface. access to
`substantial storage resources - possibly through an internal
`device such as a CD drive. or through substantial commu-
`nication and networking resources (cell phone, pager. data
`radio interface) providing acccss to other storage servers
`(such as the Web) — an audio input and output interface
`with speech generation and potentially sophisticated voice
`recognition, and a video input and output interface. The
`video input {a video camera) could be pointed at the user
`to interpret user gestures. or pointed at the environment to
`interpret objects or symbols in the environment. The video
`output could be integrated into the main screen or be a sep-
`arate video display device. such as an attached screen or
`heads up display on glasses worn by the user.
`One major application of mobile context-aware devices
`are personal guides. Museums could provide these devices
`and allow users to take personalized tours seeing any ex-
`hibits desired in any order, in contrast to today‘s taped tours.
`In fac

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