ADIDAS AG,
`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE DISTRICT OF DELAWARE
`
`
`v.
`UNDER ARMOUR, INC. and
`MAPMYFITNESS, INC.,
`
`Plaintiff,
`
`Defendants.
`
`
`Case No. 1:14-cv-00130-GMS
`(Hon. Gregory M. Sleet)
`JURY TRIAL DEMANDED
`
`
`
`
`EXPERT REPORT OF DR. SCOTT BENNETT
`
`UA-1016.001
`
`

`
`
`
`TABLE OF CONTENTS
`TABLE OF CONTENTS
`
`INTRODUCTION............................................................................................................. 1 
`I. 
`INTRODUCTION........................................................................................................... .. 1
`I.
`II.  MATERIALS CONSIDERED ......................................................................................... 1 
`MATERIALS CONSIDERED ......................................................................................... 1
`II.
`III. 
`BACKGROUND INFORMATION ................................................................................ 2 
`III.
`BACKGROUND INFORMATION .............................................................................. .. 2
`IV. 
`THE PUBLICATION OF THE DOCUMENTS OBTAINED FROM THE
`IV.
`THE PUBLICATION OF THE DOCUMENTS OBTAINED FROM THE
`INTERNET ARCHIVES WAYBACK MACHINE ...................................................... 3 
`INTERNET ARCHIVES WAYBACK MACHINE .................................................... .. 3
`DOCUMENTS I HAVE EXAMINED DIRECTLY ...................................................... 4 
`V. 
`DOCUMENTS I HAVE EXAMINED DIRECTLY .................................................... .. 4
`V.
`VI.  ATTESTATION .............................................................................................................. 29 
`ATTESTATION ............................................................................................................ .. 29
`VI.
`VII.  LIST OF ATTACHMENTS........................................................................................... 29 
`VII.
`LIST OF ATTACHMENTS......................................................................................... .. 29
`APPENDIX A: RESUME........................................................................................................... 32 
`APPENDIX A: RESUME ......................................................................................................... .. 32
`
`
`
`UA-1016.002
`
`UA-1016.002
`
`

`
`
`
`I.
`
`INTRODUCTION
`
`1. My name is Dr. Scott Bennett. I have been retained as an expert by Weil, Gotshal & Manges
`
`LLP, on behalf of Under Armour, Inc. and MapMyFitness, Inc. (together, “Under Armour”), to
`
`provide an opinion concerning the authenticity and public availability of the documents
`
`considered herein.
`
`2. I am a retired academic librarian working at 711 South Race Street, Urbana, IL, 61801-4132.
`
`Previously, I was employed as a librarian as follows:
`
` University Librarian, Yale University, 1994-2001
` Director, The Milton S. Eisenhower Library, The Johns Hopkins University, Baltimore,
`Maryland, 1989-1994
` Assistant University Librarian for Collection Management, Northwestern University,
`Evanston, Illinois, 1981-1989
`Instructor, Assistant and Associate Professor of Library Administration, University of Illinois
`at Urbana-Champaign, 1974-1981
`
`
`
`
`3. A full copy of my resume is attached as Appendix A. Over the course of my work as a
`
`librarian, professor, researcher, and author of numerous publications, I have had extensive
`
`experience with cataloging and online library management systems built around Machine-
`
`Readable Cataloging (MARC) standards. As a consultant, I have substantial experience in
`
`authenticating printed documents and establishing the date when they were available to diligent
`
`researchers.
`
`4. I am being compensated at my standard rate of $85/hour. My compensation is in no way
`
`contingent on the nature of the advice or testimony I provide, or the outcome of this proceeding.
`
`II. MATERIALS CONSIDERED
`
`5. In forming my opinions as to the public availability of certain documents represent by
`
`counsel as prior art, I have secured copies of all of the materials discussed in this report (except
`
`for documents 1, 2, 18, 21, 35, 37, and 46, below).
`
`1
`
`
`UA-1016.003
`
`

`
`
`
`III. BACKGROUND INFORMATION
`
`6. Library cataloging practices. MARC cataloguing standards were developed by librarians
`
`at the Library of Congress in the 1960s. A MARC catalog record for a particular publication
`
`contains numerous fields, including those for author, title, publisher, series, and a host of other
`
`matters. Also included are a set of control fields, including the General Information 008 field
`
`described below.
`
`7. More than 16,000 libraries use the cataloging services of the Online Computer Library
`
`Center (OCLC) and its global catalog, WorldCat, the world largest public online catalog (see
`
`https://en.wikipedia.org/wiki/OCLC). Once a library generates a MARC record for a
`
`publication, that record is publicly accessible to a person of ordinary skill in the field.
`
`8. The WorldCat and other catalog records referred to in this report include, in a version often
`
`available only to library staff, the MARC 008 Field. The first six digits of this field indicate the
`
`date on which a library cataloged the publication and entered it in the OCLC cataloging system.
`
`The first two digits refer to the last two digits of the year (e.g., “02” refers to 2002), the next two
`
`digits refer to the month, and the next two digits refer to the day.
`
`9. It should be noted that in the case of a periodical publication, such as a journal, a library will
`
`typically create a MARC catalog record for the periodical when the library receives its first issue.
`
`When the institution receives subsequent issues/volumes of the periodical, the issues/volumes are
`
`checked in (often using a date stamp), added to the institution’s holdings records, and made
`
`available very soon thereafter—normally within a few days of receipt or (at most) within a few
`
`weeks of receipt.
`
`10. It often happens that WorldCat and other catalog records for books indicate these records
`
`have been entered in the OCLC cataloging system earlier than the publication date printed on the
`
`book. This most often happens with records entered in the last two or three months of the year,
`2
`
`
`UA-1016.004
`
`

`
`
`
`reflecting the common year-end publishing practice of making books available somewhat before
`
`their formal publication date.
`
`11. Internet Archive. The Internet Archive is a non-profit digital library founded in 1996 with
`
`the mission of providing universal access to all knowledge (see
`
`https://en.wikipedia.org/wiki/Internet_Archive). As explained in the Butler Affidavit (Section
`
`IV, below), the Internet Archive maintains an archive of webpages collected from the Internet
`
`using a software program called a crawler.
`
`12. Crawlers automatically store copies of web pages, thereby creating a snapshot of the
`
`webpage as it existed at a certain point in time. The Internet Archives assigns a URL to each
`
`collected and archived webpage, using the following format: http://web.archive.org/web/[Year
`
`in yyyy][Month in mm][Day in dd][Time code in hh:mm:ss]/[Archived URL]. This assigned
`
`URL is located at the bottom of each webpage attached to the Butler Affidavit.
`
`13. The day, month, and year in the assigned URL constitutes the date the webpage was archived
`
`by the Internet Archive.
`
`IV.
`
`THE PUBLICATION OF THE DOCUMENTS OBTAINED FROM THE
`INTERNET ARCHIVES WAYBACK MACHINE
`
`14. Three affidavits prepared by Christopher Butler, Office Manager at the internet Archive, are
`
`considered here. They involve the following:
`
` An affidavit consisting of MMF024866-67 (the affidavit) and MFF0244868-025177 (the
`associated Exhibit A).
` An affidavit consisting of MMF0245178-79 (the affidavit) and MFF0245180-0245254
`(the associated Exhibit A)
` An affidavit consisting of MMF0245255-0245790 (the affidavit and Exhibit A as a single
`unit).
`15. The Exhibit associated with each affidavit includes a number of discrete Internet documents.
`
`Each of these documents (given Bates numbers as indicated above) was captured by the Internet
`
`3
`
`
`UA-1016.005
`
`

`
`
`
`Archive on the date listed at the bottom of each document’s URL, as explained earlier in the
`
`Background section.
`
`16. I have examined the three affidavits. They are similar to other Internet Archives affidavits I
`
`have seen, and I am confident they may be relied on in authenticating the relevant Internet
`
`documents and establishing that these documents were publicly available at least as early as the
`
`dates indicated in the Internet Archives URL for each document.
`
`V.
`
`DOCUMENTS I HAVE EXAMINED DIRECTLY
`
`1. Office 2001 for Macintosh: The Missing Manual (UA-0021841 through UA-0022487)
`
`This user manual was written by Nan Barber and David Reynolds and published by
`
`Pogue Press/O’Reilley & Associates, 1st edition, in 2001. Attachment 1a is the Illinois State
`
`University Library catalog record for this manual; its MARC 008 Field indicates the record was
`
`entered on 30 May 2001.
`
`Based on this evidence, it is my opinion that Office 2001 for Macintosh: The Missing
`
`Manual (UA-0021841 through UA-0022487) was publicly available to an ordinarily diligent
`
`researcher at least as early as 30 May 2001.
`
`2. Satava (MMF-0241913 through MMF-0241926)
`
`This research paper was written by Richard Satava and others and published in the
`
`Telemedicine Journal and e-Health, 6.2 (2000), 303-313 (Attachment 2a, from the Tufts
`
`University Library and provided by counsel). Attachment 2b is the Tufts University Library
`
`catalog record for this journal.
`
`This document was stamped on 29 November 2000 by the Tufts Health Science Library,
`
`as explained in the Background section, above (Attachment 2a).
`
`This article was indexed in the Web of Science, a highly timely indexing source that
`
`ordinarily diligent researchers would normally use to discover material relevant to their inquiries.
`
`4
`
`
`UA-1016.006
`
`

`
`
`
`Based on this evidence, it is my opinion that Satava (MMF-0241913 through MMF-
`
`0241926) was publicly available to an ordinarily diligent researcher at least as early as 29
`
`November 2000.
`
`3. Redin (MMF-0000902 through MMF-0000958 (black and white) and MMF-0253842
`through MMF0253898 (color))
`
`This is a B.S. engineering thesis submitted on 15 June 1998 by Maria Redin to the
`
`Department of Electrical Engineering and Computer Science at MIT (Attachment 3a, from
`
`http://dspace.mit.edu/handle/1721.1/50057#files-area, which is identical in substance to the
`
`Bates numbered copy provided by counsel). Attachment 3b is the MIT Library MARC catalog
`
`record for this thesis; the MARC 008 Field indicates this record was entered in the OCLC
`
`database on 15 July 1999.
`
`Based on this evidence, it is my opinion that Redin (MMF-0000902 through MMF-
`
`0000958 (black and white) and MMF-0253842 through MMF0253898 (color)) was publicly
`
`available to an ordinarily diligent researcher at least as early as 15 July 1999.
`
`4. Adler (MMF-0223338 through MMF-0223432)
`
`This is a B.S. engineering thesis submitted on 19 May 2000 by Ari Adler, Jr. to the
`
`Department of Department of Mechanical Engineering at MIT (Attachment 4a, from
`
`http://dspace.mit.edu/handle/1721.1/9304?show=full, which is identical in substance to the Bates
`
`numbered copy provided by counsel). Attachment 4b is the MIT Library MARC catalog record
`
`for this thesis; the MARC 008 Field indicates this record was entered in the OCLC database on
`
`20 February 2001.
`
`Based on this evidence, it is my opinion that Adler (MMF-0223338 through MMF-
`
`0223432) was publicly available to an ordinarily diligent researcher at least as early as 20
`
`February 2001.
`
`5
`
`
`UA-1016.007
`
`

`
`
`
`5. How to Do Everything With Your Visor (UA-0024424 through UA-0025029)
`
`The second edition of this user guide was written by Rich Broida and Dave Johnson and
`
`published by Osborne/McGraw-Hill in 2001 (Attachment 5a, the cover, title page, and title page
`
`verso from a copy in hand, which are identical in substance to the Bates numbered copy provided
`
`by counsel). Attachment 5b is the Statewide Illinois Library catalog record for this document.
`
`The Entry line (drawn from the MARC 008 field) in this catalog record indicates it was filed in
`
`the OCLC data base on 6 November 2001.
`
`Based on this evidence, it is my opinion that How to Do Everything With Your Visor
`
`(UA-0024424 through UA-0025029) was publicly available to an ordinarily diligent researcher
`
`at least as early as 6 November 2001.
`
`6. User’s Manual – Kodak Professional DCS 410, DCS 420, DCS 460, NC2000e Digital
`Cameras (UA-0021325)
`
`This document is a camera user manual (Attachment 6a, from the manufacturer’s Web
`
`site, ftp://ftp.kodak.com/web/service/manuals/dcs/1h6359.pdf, which is identical in substance to
`
`the Bates numbered copy provided by counsel). The first capture of this document by the
`
`Internet Archive bears the date 17 August 2000 (as indicated by the URL of Attachment 6b and
`
`explained in the Background section, above).
`
`Based on this evidence, it is my opinion that User’s Manual – Kodak Professional DCS
`
`410, DCS 420, DCS 460, NC2000e Digital Cameras (UA-0021325) was publicly available to an
`
`ordinarily diligent researcher at least as early as 17 August 2000.
`
`7. Hjelm (MMF-0239083 through MMF-0239091)
`
`This book by Johan Hjelm is a guide for systems developers (Attachment 7a, from the
`
`University of Illinois at Urbana-Champaign Library, which is identical in substance to the Bates
`
`numbered copy provided by counsel). It was published in 2002 and is held by 67 libraries world-
`
`6
`
`
`UA-1016.008
`
`

`
`
`
`wide, as indicated by the WorldCat record for it (Attachment 7b). The MARC 008 field
`
`(Attachment 7c) indicates, as explained in the Background section above, that the catalog record
`
`for this book was filed in the OCLC data base on 25 October 2001.
`
`Based on this evidence, it is my opinion that Hjelm (MMF-0239083 through MMF-
`
`0239091) was publicly available to an ordinarily diligent researcher at least as early as 25
`
`October 2001.
`
`8. The Boating Report; Putting the America’s Cup at one’s Fingertips (MMF-0250111
`through MMF-0250113)
`
`This newspaper report appeared in the 8 August 1999 issue of the New York Times
`
`(Attachment 8a, from the microform edition of the newspaper at the University of Illinois at
`
`Urbana-Champaign library, which is identical in substance to the Bates numbered copy provided
`
`by counsel). News reports are publicly available on the day of publication.
`
`The New York Times is promptly indexed in LexisNexus Academic, a service widely
`
`used by researchers.
`
`Based on this evidence, it is my opinion that The Boating Report; Putting the America’s
`
`Cup at one’s Fingertips (MMF-0250111 through MMF-0250113) was publicly available to an
`
`ordinarily diligent researcher at least as early as 8 August 1999.
`
`9. Web Site Deliver’s Unique View From the Sea to Its Many Fans (MMF-0250114
`through MMF-0250120)
`
`This newspaper report appeared in the 27 May 1999 issue of the Wall Street Journal
`
`Interactive Edition and is available only there (Attachment 9a, from
`
`http://www.wsj.com/articles/SB896211224987447500), which is identical in substance to the
`
`Bates numbered copy provided by counsel). The Wall Street Journal Interactive Edition is a
`
`news publication with large numbers of subscribers (see http://online.wsj.com/hp_new.html).
`
`News reports are publicly available on the day of publication.
`
`7
`
`
`UA-1016.009
`
`

`
`
`
`The Wall Street Journal Interactive Edition is promptly indexed in LexisNexus
`
`Academic, a service widely used by researchers.
`
`Based on this evidence, it is my opinion that Web Site Deliver’s Unique View From the
`
`Sea to Its Many Fans (MMF-0250114 through MMF-0250120) was publicly available to an
`
`ordinarily diligent researcher at least as early as 27 May 1999.
`
`10. The Quokka Total Sports Experience (MMF-0250121 through MMF-0250127)
`
`This is a paper written by Shawn Connally and published in WEB Technologies, 3.12
`
`(December 1998), 63-66 (Attachment 10a, from
`
`http://people.apache.org/~jim/NewArchitect/webtech/1998/12/insi/index.html, which is identical
`
`in substance to the Bates numbered copy provided by counsel). Attachment 10b is the Illinois
`
`Statewide Library Catalog record for the periodical title.
`
`WEB Technologies is indexed in Engineering Village, a service widely used by
`
`researchers.
`
`There is no direct evidence of public availability for this document. But given that it was
`
`published in an ordinary periodical, my opinion is that it is reasonable to assume The Quokka
`
`Total Sports Experience (MMF-0250121 through MMF-0250127) was publicly available to an
`
`ordinarily diligent researcher at least as early as February 1999.
`
`11. Real-Time GPS-Based Track and Cross Country Training Evaluation System (MMF-
`0223433 through MMF-0223441)
`
`This is a research report written by Casey Miller and presented at the 14th International
`
`Technical Meeting of the Satellite Division of the Institute of Navigation, 11-14 September
`
`2001. The article entered the realm of public discourse at that time.
`
`The report was published in a special optical disc issue of Navigation, the journal of ION;
`
`this issue functioned as the proceedings of the meeting. Attachment 11a is a copy of the abstract
`
`8
`
`
`UA-1016.010
`
`

`
`
`
`of the research report (from the online source of ION publication abstracts,
`
`https://www.ion.org/publications/abstract.cfm?articleID=1986, which is identical in substance to
`
`the abstract of the Bates numbered copy provided by counsel).
`
`The WorldCat record for this document (Attachment 11b) has as Entry line (drawn from
`
`the MARC 008 field) indicating the publication was entered in the OCLC catalog on 3 October
`
`2003.
`
`Based on this evidence, it is my opinion that Real-Time GPS-Based Track and Cross
`
`Country Training Evaluation System (MMF-0223433 through MMF-0223441) was publicly
`
`available to an ordinarily diligent researcher at least as early as 3 October 2003.
`
`12. WebTV Networks and Quokka Sports to Bring Mount Everest to the Web For Eight
`Weeks Beginning March 23 (MMF-0000899 through MMF-0000900)
`
`This news report was posted on 23 March 2000 on the Microsoft News Center Web site
`
`(Attachment 12a, from http://news.microsoft.com/2000/03/23/webtv-networks-and-quokka-
`
`sports-to-bring-mount-everest-to-the-web-for-eight-weeks-beginning-march-23/, which is
`
`identical in substance to the Bates numbered copy provided by counsel). This is a long
`
`established Microsoft public relations site.
`
`Based on this evidence, it is my opinion that WebTV Networks and Quokka Sports to
`
`Bring Mount Everest to the Web For Eight Weeks Beginning March 23 (MMF-0000899 through
`
`MMF-0000900) was publicly available to an ordinarily diligent researcher at least as early as 23
`
`March 2000.
`
`13. Cyber Sports Coverage Puts Fans in the Thick of It / Quokka’s Technology Called Next
`Big Thing on Net (MMF-0247613 through MMF-0247617)
`
`This newspaper report appeared in the 7 December 1998 issue of the San Francisco
`
`Chronicle (Attachment 13a, from the microform edition of the newspaper at the University of
`
`Illinois at Urbana-Champaign library, which is identical in substance to the Bates numbered copy
`
`9
`
`
`UA-1016.011
`
`

`
`
`
`provided by counsel). The San Francisco Chronicle is a daily metropolitan newspaper with a
`
`very large circulation. News reports are publicly available on the day of publication.
`
`The San Francisco Chronicle is promptly indexed in LexisNexus Academic, a service
`
`widely used by researchers.
`
`Based on this evidence, it is my opinion that Cyber Sports Coverage Puts Fans in the
`
`Thick of It / Quokka’s Technology Called Next Big Thing on Net (MMF-0247613 through
`
`MMF-0247617) was publicly available to an ordinarily diligent researcher at least as early as 7
`
`December 1998.
`
`14. Hoist the Mainframe (MMF-0247740 through MMF-0247742)
`
`This newspaper report appeared in the 18 April 1998 issue of the Sun Sentinel
`
`(Attachment 14a, from http://articles.sun-sentinel.com/1998-04-
`
`18/business/9804170684_1_whitbread-race-karlsson-world-race,which is identical in substance
`
`to the Bates numbered copy provided by counsel). The Sun Sentinel is a daily metropolitan
`
`newspaper with very large circulation in Broward County and other areas of South Florida
`
`(https://en.wikipedia.org/wiki/Sun-Sentinel). News reports are publicly available on the day of
`
`publication.
`
`The Sun Sentinel is promptly indexed in LexisNexus Academic, a service widely used by
`
`researchers.
`
`Based on this evidence, it is my opinion that Hoist the Mainframe (MMF-0247740
`
`through MMF-0247742) was publicly available to an ordinarily diligent researcher at least as
`
`early as 18 April 1998.
`
`10
`
`
`UA-1016.012
`
`

`
`
`
`15. Sailing – Due to Computers, Satellites, Solo Sailors Never Race Alone (MMF-0247743
`through MMF-0247744)
`
`This newspaper report appeared in the 28 February 1999 issue of the Seattle Times
`
`(Attachment 15a, from the microform edition of the newspaper at the University of Illinois at
`
`Urbana-Champaign library, which is identical in substance to the Bates numbered copy provided
`
`by counsel). The Seattle Times is a daily metropolitan newspaper with a large circulation. News
`
`reports are publicly available on the day of publication.
`
`The Seattle Times is promptly indexed in LexisNexus Academic, a service widely used
`
`by researchers.
`
`Based on this evidence, it is my opinion that Sailing – Due to Computers, Satellites, Solo
`
`Sailors Never Race Alone (MMF-0247743 through MMF-0247744) was publicly available to an
`
`ordinarily diligent researcher at least as early as 28 February 1999.
`
`16. Internet Broadcast of “Everest Education Expedition” Takes Science and Exploration
`Enthusiasts to World’s Rooftop (MMF-0249881 through MMF-0249886)
`
`Business Wire released this news story on 14 May 1999 (Attachment 16a, from the
`
`online Free Library by Farlex
`
`http://www.thefreelibrary.com/Internet+Broadcast+of+%22Everest+Education+Expedition%22+
`
`Takes+Science...-a054643654, which is identical in substance to the Bates numbered copy
`
`provided by counsel). Business Wire, founded in 1961, disseminates full-text press releases
`
`from thousands of companies and organizations (see
`
`https://en.wikipedia.org/wiki/Business_Wire).
`
`Based on this evidence, it is my opinion that Internet Broadcast of “Everest Education
`
`Expedition” Takes Science and Exploration Enthusiasts to World’s Rooftop (MMF-0249881
`
`through MMF-0249886) was publicly available to an ordinarily diligent researcher at least as
`
`early as 14 May 1999.
`
`11
`
`
`UA-1016.013
`
`

`
`
`
`17. Advancing Technologies in Clinical Medicine: The Yale-Mount Everest Telemedicine
`Project (MMF-0249847 through MMF-0249855)
`
`This research paper was written by Andrew White and Peter Angood and published in the
`
`Yale Journal of Biology and Medicine, 72.1 (1999), 19-27 (Attachment 17a, from the University
`
`of Illinois at Urbana-Champaign Library, which is identical in substance to the Bates numbered
`
`copy provided by counsel). Attachment 17b is the University of Illinois at Urbana-Champaign
`
`Library catalog record for this journal title.
`
`Attachment 17c is the Web of Science entry for this document, an indexing source that
`
`ordinarily diligent researchers would normally use to discover material relevant to their inquiries.
`
`This entry was entered and completed in the Web of Science index on 11 April 2000.
`
`Based on this evidence, it is my opinion that Advancing Technologies in Clinical
`
`Medicine: The Yale-Mount Everest Telemedicine Project (MMF-0249847 through MMF-
`
`0249855) was publicly available to an ordinarily diligent researcher at least as early as 11 April
`
`2000.
`
`18. Marathon Man – World News Tonight Clip (MMF025354) and Transcript (MMF-
`0254220 through MMF-0254223)
`
`This news item was broadcast on the ABC Evening News on 19 September 1997. It is
`
`available from the Vanderbilt Television News Archive, which has been archiving ABC and
`
`other daily network newscasts since 1968 (see http://tvnews.vanderbilt.edu/web/tvnews/about/).
`
`Attachment 18a is the Vanderbilt archive record for this broadcast indicating the date of the
`
`broadcast.
`
`No direct evidence exists as to when this newscast was available from the Vanderbilt
`
`archive. It is, however, reasonable to assume that a daily archiving procedure in place since
`
`1968 would produce searchable products very soon after the broadcast date and surely before the
`
`end of 1997.
`
`12
`
`
`UA-1016.014
`
`

`
`
`
`19. Now Our Ocean Navigation System Can Keep Track Of Your Car (MMF-0255889
`through MMF- 0255894)
`
`This article was written by Gurney Williams III and published in the January 1979 issue
`
`of Popular Mechanics (Attachment 19a, from the University of Illinois at Urbana-Champaign
`
`library, which is identical in substance to the Bates numbered copy provided by counsel).
`
`Popular Mechanics is a monthly periodical with subscribers to a variety of language editions
`
`worldwide. Attachment 19b is an enlarged date stamp on the cover, showing the January 1979
`
`issue was processed at the University of Illinois Library in January 1979.
`
`Popular Mechanics is promptly indexed in the Readers’ Guide to Periodical Literature, a
`
`service widely used by researchers.
`
`Based on this evidence, it is my opinion that Now Our Ocean Navigation System Can
`
`Keep Track Of Your Car (MMF-0255889 through MMF- 0255894) was publicly available to an
`
`ordinarily diligent researcher at least as early as early January 1979.
`
`20. San Francisco Running Guide (UA-0022886 through UA-0023047)
`
`This book is written by Bob Cooper and published in 1998 by Human Kinetics
`
`(Attachment 20a, from the Purdue University Library, which is identical in substance to the
`
`Bates numbered copy provided by counsel). The book is held by 59 libraries world-wide, as
`
`indicated by the WorldCat record for it (Attachment 20b). The MARC 008 field (Attachment
`
`20c) indicates, as explained in the Background section above, the catalog record for this book
`
`was filed in the OCLC data base on 8 December 1997.
`
`Based on this evidence, it is my opinion that San Francisco Running Guide (UA-0022886
`
`through UA-0023047) was publicly available to an ordinarily diligent researcher at least as early
`
`as 8 December 1997.
`
`13
`
`
`UA-1016.015
`
`

`
`
`
`21. Santa Fe On Foot (UA-0023048 through UA-0023172)
`
`This book was written by Elaine Pinkerton and published by Ocean Tree Services in
`
`1986. Attachment 21a is the WorldCat record for this book; it has as Entry line (drawn from the
`
`MARC 008 field) indicating the record was entered in the OCLC data base on 26 February 1986.
`
`Based on this evidence, it is my opinion that Santa Fe On Foot (UA-0023048 through
`
`UA-0023172) was publicly available to an ordinarily diligent researcher at least as early as 26
`
`February 1986.
`
`22. Navigation 101: Basic Navigation with a GPS Receiver (GPS World) (UA-0046588
`through UA-0046592)
`
`This commentary was written by Richard Langley and published in GPS World, 11.10
`
`(October 2000), 50-54 (Attachment 22a, from the Gale Cengage Academic OneFile, which is
`
`identical in substance to the Bates numbered copy provided by counsel).
`
`The Northern Illinois University Library holds GPS World. Its copy of the October 2000
`
`issue has a date stamp showing it was processed by the library on 17 October 2000 (Attachment
`
`22b).
`
`GPS World was indexed in Gale Academic OneFile, a service widely used by
`
`researchers.
`
`Based on this evidence, it is my opinion that Navigation 101: Basic Navigation with a
`
`GPS Receiver (GPS World) (UA-0046588 through UA-0046592) was publicly available to an
`
`ordinarily diligent researcher at least as early as 17 October 2000.
`
`23. Step Keeper Springboard Module Review (UA-0023246 through UA-0023254)
`
`This online product review is available at a blog site authored by Julie Strietelmeier
`
`(Attachment 23a, from https://web.archive.org/web/20011022024323/http:/www.the-
`
`14
`
`
`UA-1016.016
`
`

`
`
`
`gadgeteer.com/stepkeeper-review.html, which is identical in substance to the Bates numbered
`
`copy provided by counsel).
`
`The first capture of this document by the Internet Archive bears the date 22 October 2001
`
`(as indicated by the URL for Attachment 23a and explained in the Background section, above).
`
`Based on this evidence, it is my opinion that Step Keeper Springboard Module Review
`
`(UA-0023246 through UA-0023254) was publicly available to an ordinarily diligent researcher
`
`at least as early as 22 October 2001.
`
`24. The Heart Rate Monitor Guidebook to Heart Zone Training (UA-0023264 through UA-
`0023516)
`
`This book was written by Sally Edwards and published by Performance Matters in 1999
`
`(Attachment 24a, the title page, title page verso, and contents pages from the Oklahoma
`
`Department of Libraries, which are identical in substance to the Bates numbered copy provided
`
`by counsel).
`
`The WorldCat record for this document (Attachment 24b) has as Entry line (drawn from
`
`the MARC 008 field) indicating the book was entered in the OCLC catalog on 17 April 2000.
`
`Based on this evidence, it is my opinion that The Heart Rate Monitor Guidebook to Heart
`
`Zone Training (UA-0023264 through UA-0023516) was publicly available to an ordinarily
`
`diligent researcher at least as early as 17 April 2000.
`
`25. The Practical PDA: Customizing Your Palm or Handspring (UA-0023517 through UA-
`0023892)
`
`This book was published by Premier Press in 2001 (Attachment 25a, the title page, title
`
`page verso, and contents pages from the Iowa State University Library, which are identical in
`
`substance to the Bates numbered copy provided by counsel).
`
`The WorldCat record for this document (Attachment 25b) has as Entry line (drawn from
`
`the MARC 008 field) indicating the book was entered in the OCLC catalog on 21 May 2001.
`
`15
`
`
`UA-1016.017
`
`

`
`
`
`Based on this evidence, it is my opinion that The Practical PDA: Customizing Your Palm
`
`or Handspring (UA-0023517 through UA-0023892) was publicly available to an ordinarily
`
`diligent researcher at least as early as 21 May 2001.
`
`26. How to do Everything with your Visor 1st Edition (UA-0023894 through UA-0024423)
`
`This user guide was written by Rich Broida and Dave Johnson and published by
`
`Osborne/McGraw-Hill in 2000 (Attachment 26a, the title page, title page verso, and contents
`
`pages from the Illinois State Library, which are identical in substance to the Bates numbered
`
`copy provided by counsel). Attachment 26b is the Illinois State Library catalog record for this
`
`document.
`
`The MARC 008 field (Attachment 26c) indicates, as explained in the Background section
`
`above, the catalog record for this book was filed in the OCLC data base on 19 July 2000.
`
`Based on this evidence, it is my opinion that How to do Everything with your Visor 1st
`
`Edition (UA-0023894 through UA-0024423) was publicly available to an ordinarily diligent
`
`researcher at least as early as 19 July 2000.
`
`27. Washington D.C. Running Guide (UA-0025030 through UA-0025164)
`
`This book is written by Don Carter and Bob McCullough and published in 1999 by
`
`Human Kinetics (Attachment 27a, from the University of Illinois at Chicago Library, which is
`
`identical in substance to the Bates numbered copy provided by counsel). The book is held by 35
`
`libraries world-wide, as indicated by the WorldCat record for it (Attachment 27b). The MARC
`
`008 field (Attachment 27c) indicates, as explained in the Background section above, the catalog
`
`record for this book was filed in the OCLC data base on 20 August 1998.
`
`Based on this evidence, it is my opinion that Washington D.C. Running Guide (UA-
`
`0025030 through UA-0025164) was publicly available to an ordinarily diligent researcher at
`
`least as early as 20 August 1998.
`
`16
`
`
`UA-1016.018
`
`

`
`
`
`28. Word 98 for Macintosh User Manual (UA-0025165 through UA-0025403)
`
`This is a user manual published by ENI Publishing, London (Attachment 28a, from a
`
`print copy in hand, which is identical in substance to the Bates numbered copy provided by
`
`counsel). The catalog record for it (Attachment 28b) comes from FirstSearch, a proprietary
`
`database with no publicly available URL. The Entry line (drawn from the MARC 008 field) in
`
`this catalog record indicates it was filed in the OCLC data base on 13 July 1999.
`
`Based on this evidence, it is my opinion that Word 98 for Macintosh User Manual (UA-
`
`0025165 through UA-002