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`I.
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`Introduction
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`1.
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`I am currently the Manager of Research & Information Services at Finnegan,
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`Henderson, Farabow, Garrett & Dunner LLP, 901 New York Avenue NW, Washington, DC
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`20001-4413.
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`2.
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`I am over 18 years of age and am competent to make this Declaration. I make this
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`Declaration based on my knowledge of library science practices and my own personal
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`knowledge.
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`3.
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`I earned a Master of Science in Library Science (“MSLS”) from the Catholic
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`University of America in 1995, and a Bachelor of Arts in Political Science from Duquesne
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`University in 1989. I have worked as a librarian for over twenty-five years. I have been
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`employed in the Research & Information Services Department at Finnegan, Henderson,
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`Farabow, Garrett & Dunner since 2019. Before that, from 1995-2015, I was employed in the
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`Library Department of Sterne Kessler Goldstein & Fox. And from 2015-2019, I was employed
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`in the Knowledge and Research Services Group (formerly, Information Research Service) at
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`Northrop Grumman Corporation.
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`4.
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`I am a member of the American Association of Law Libraries and a member of
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`the Law Librarians’ Society of Washington, DC.
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`II.
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`Standard Library Practice for Receiving, Cataloging, and Shelving Materials
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`5.
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`I have knowledge of and experience with standard library practices regarding
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`receiving, cataloging, and shelving of materials. For example, I have knowledge of and
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`experience with the Machine-Readable Cataloging (MARC) system, an industry-wide
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`standard that libraries use to catalogue materials.
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`
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`1
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`Page 1 of 6
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`GOOGLE EXHIBIT 1009
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`
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`6.
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`Under standard library practice, when a library receives an item, it stamps the
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`item with the library name and often with a date that is within a few days or weeks of receipt.
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`The library will catalogue the item within a matter of a few days or weeks of receiving it.
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`7.
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`By the mid-1970s, standard library practice involved cataloguing items using the
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`MARC system. The MARC system was developed in the 1960s to standardize bibliographic
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`records so they could be read by computers and shared among libraries. By the mid-1970s,
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`MARC had become the international standard for bibliographic data, and it is still used today.
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`8.
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`After an item is catalogued, the public may access the item by searching the
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`catalogue and requesting the item from the library. Standard library practice is to then shelve the
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`item within a matter of a few days or weeks of cataloging it.
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`9.
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`Given the matter of a few days or weeks between receiving an item and
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`cataloging it, and the matter of a few days or weeks between cataloging an item and shelving it,
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`the total time between receiving an item and shelving it is a matter of a couple of weeks or
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`months.
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`III. MARC Records
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`10.
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`Many libraries provide public access to their MARC records via the Internet
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`and/or their electronic cataloguing system at the library.
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`11.
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`A MARC record contains several standard fields, each of which contains specific
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`information about the catalogued item. Each field is identified by a unique three-digit “tag”
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`(from 001-999) that identifies the kind of information that follows.
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`12.
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`For example, field 245 lists the title of the work, field 260 lists the publisher
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`information, field 020 lists the ISBN information, and field 050 lists the corresponding Library
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`of Congress call number.
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`
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`2
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`Page 2 of 6
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`
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`13.
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`The date on which an item is first catalogued is contained in field 008 (i.e., date
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`entered on file). The first six characters of field 008 are always in the “YYMMDD” format. As
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`discussed above, the public may access an item after it is catalogued by searching the catalogue
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`and requesting the item from the library, and standard library practice is to then shelve the item
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`within a matter of a few days or weeks of cataloging it.
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`14.
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`The date and time of latest transaction to the MARC record is reflected in field
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`005. For example, when a library acquires a new item, it automatically populates field 005 of the
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`MARC record with the initial date of creation in the “YYYYMMDD” and “HHMMSS” format.
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`The date in field 005 is then automatically updated by the library’s computer system every time
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`the library updates the MARC record, for example, to reflect that an item has been moved to a
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`different shelving location within the library. Thus, the date reflected in field 005 of the MARC
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`record is necessarily on or after the date that the item was first acquired and catalogued by the
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`library.
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`15.
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`Field 955 contains local tracking information.
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`IV.
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`Library Record for Grossman
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`16.
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`David A. Grossman, “Information Retrieval: Algorithms and Heuristics,” Kluwer
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`International Series in Engineering and Computer Science (Kluwer Academic Publishers 1998)
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`was published by Kluwer Academic Publishers in 1998.
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`17.
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`Attached hereto as Exhibit A to this Declaration is a true and correct copy of the
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`MARC record from the University of California – Berkley for its copy of Grossman.
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`18.
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`As shown in Exhibit A, the date field 008 lists the first six characters “981117” in
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`typical “YYMMDD” format, indicating that Grossman was first catalogued by the University of
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`California – Berkley on November 17, 1998.
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`3
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`Page 3 of 6
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`
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`19. The information available from the University of California - Berkley is
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`consistent with the book being publicly available in 1998.
`V. Conclusion
`20.
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`I declare under penalty of perjury that the foregoing is true and correct. I declare
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`that all statements made herein of my knowledge are true, and that all statements made on
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`information and belief are believed to be true, and 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 6r
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`imprisonmento or both, under Section 1001 of Title 18 of the United States Code.
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`Executed on March 26,2420
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`Page 4 of 6
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`
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`Exhibit A
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`Exhibit A
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`Page 5 of 6
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`Page 5 of 6
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`
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`3/26/2020
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`OskiCat - UC Berkeley Library Web Catalog /All Locations
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`LEADER 00000nam a2200265 a 4500
`001 39607185
`005 19981116 TAPE OCLC1116: 0455
`008 981117s1998 maua b 001 0 eng
`009 Reclvl: f Addate: 981117 Addid: OCL Moddate: 080603 Modid:
` XRF
`010 98030435
`020 0792382714 (alk. paper)
`035 GLADN151782055
`040 DLC|cDLC|dCUY
`050 00 Z667|b.G76 1998
`082 00 005.74|221
`090 Z667|b.G76 1998
`100 1 Grossman, David A.,|d1965-
`245 10 Information retrieval :|balgorithms and heuristics /
` |cDavid A. Grossman, Ophir Frieder.
`260 Boston :|bKluwer,|cc1998.
`300 xvi, 254 p. :|bill. ;|c25 cm.
`490 1 Kluwer international series in engineering and computer
` science ;|vSECS 461
`504 Includes bibliographical references (p. [231]-252) and
` index.
`650 0 Information storage and retrieval systems.
`700 1 Frieder, Ophir.
`830 0 Kluwer international series in engineering and computer
` science ;|vSECS 461.
`935 GLADN151782055
`954 20120801|bMarcive Authority Bib
`957 OCLC xref loaded 20160117
`
`Location
`
` NRLF (UCB)
`
`Call No.
`
` Z667 .G76 1998
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`Status
` DUE 06-
`01-20
`
`
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`
`
`
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`Library home FAQ Contact webmaster UC Berkeley home
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