UNITED STATES PATENT AND TRADEMARK OFFICE
`_____________________________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`_____________________________
`
`FedEx Corp.
`Petitioner
`
`v.
`
`Intellectual Ventures II LLC,
`Patent Owner
`
`_____________________________
`
`Case IPR2017-00859
`Patent 9,047,586 B2
`_____________________________
`
`Declaration of Stephen G. Halliday
`in Support of Inter Partes Review of
`U.S. Patent No. 9,047,586
`
`
`_____________________________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`_____________________________
`
`FedEx Corp.
`Petitioner
`
`v.
`
`Intellectual Ventures II LLC,
`Patent Owner
`
`_____________________________
`
`Case IPR2017-00859
`Patent 9,047,586 B2
`_____________________________
`
`Declaration of Stephen G. Halliday
`in Support of Inter Partes Review of
`U.S. Patent No. 9,047,586
`
`
`
`Paper No. __
`Declaration of Stephen Halliday
`
`I.
`
`INTRODUCTION
`1.
`I, Stephen Halliday, submit this declaration to state my personal
`
`knowledge of the matters described below.
`
`2.
`
`I was a member of the ANSI Materials Handling Institute Committee
`
`10 (MH10) in 1996. The ANSI MH10 committee was responsible for overseeing
`
`the ANSI MH10/SC8 subcommittee.
`
`3.
`
`As a member of the ANSI MH10 committee, I reviewed a standard
`
`for two-dimensional bar code symbols developed by the MH10/SC8 subcommittee
`
`known as “American National Standard for Material Handling—Unit Loads and
`
`Transport Packages—Two-Dimensional Symbols, ANSI 10.8.3M-1996”
`
`(Ex. 1002), hereinafter the ANSI Standard.
`
`4.
`
`I prepared this Declaration in connection with the Inter Partes Review
`
`of U.S. Patent No. 9,047,586, Case IPR2017-00859. I am not being compensated
`
`in connection with my execution of this Declaration.
`
`II.
`
`BACKGROUND
`5.
`In 1996, I represented Automatic Identification Manufacturers, Inc.,
`
`on the ANSI MH10 committee. (See Ex. 1002 at v.) As a member of the ANSI
`
`MH10 committee, I was personally involved in reviewing the ANSI Standard.
`
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`Paper No. __
`Declaration of Stephen Halliday
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`6.
`
`During my involvement with ANSI, ANSI standards were drafted and
`
`published according to a formalized process. This process was quite familiar to me
`
`at the time and is described in ANSI’s “Procedures for the Development and
`
`Coordination of American National Standards” (Ex. 1009), hereinafter ANSI
`
`Procedures, as well as ANSI’s “Style manual for preparation of proposed
`
`American National Standards” (Ex. 1010), hereinafter ANSI Style Manual. Based
`
`on my personal knowledge, the drafting and publication of the ANSI Standard
`
`undertaken by the subcommittee complied with the process described in the ANSI
`
`Procedures and the ANSI Style Manual.
`
`7.
`
`Based on my personal knowledge, as explained below, the ANSI
`
`Standard was publicly available to any member of the interested public at least as
`
`early as August 1996.
`
`III. THE ANSISTANDARD
`8.
`Around late 1995 or early 1996, the subcommittee’s drafting of the
`
`ANSI Standard was announced to the public in a publication called Standards
`
`Action, in accordance with the ANSI Procedures. (Ex. 1009 at 1.2.6 3.4.3.) Once
`
`announced, a public comment period began, lasting thirty to sixty days, as
`
`provided by the ANSI Procedures. (Id. at 1.2.6.)
`
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`Paper No. __
`Declaration of Stephen Halliday
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`9.
`
`Following the public comment period, the ANSI Standard was
`
`submitted to the Board of Standards Review (BSR) for approval as a standard. (Id.
`
`at 1.3.1.) The ANSI Standard was approved by the BSR on July 15, 1996.
`
`(Ex. 1002 at 2.)
`
`10. Once approved, the ANSI Standard was published about thirty to forty
`
`days after approval, which complied with the ANSI Procedures. (Ex. 1009 at 4.2
`
`(“American National Standards shall be published and made available as soon as
`
`possible, but no later than six months after approval as an American National
`
`Standard.”).) In my recollection, the ANSI Standard was published by
`
`August 1996.
`
`11.
`
`The ANSI Procedures required that, when published, the cover of the
`
`ANSI Standard was marked with an approval logo, shown below in Figure A, and
`
`the phrase “American National Standard,” to identify the ANSI Standard as an
`
`approved standard of ANSI. (Ex. 1009 at 4.1.)
`
`Figure A: ANSI Approval Logo from ANSI Procedures
`
`- 4 -
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`Paper No. __
`Declaration of Stephen Halliday
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`12. Upon publication, the cover of the ANSI Standard was marked with
`
`the approval logo and the phrase “American National Standard,” as the ANSI
`
`Procedures required. The cover of the ANSI Standard, bearing both the approval
`
`logo and the phrase “American National Standard,” annotated in red, is shown in
`
`Figure B below.
`
`- 5 -
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`Paper No. __
`Declaration of Stephen Halliday
`
`Figure B: Cover of the ANSI Standard Showing
`ANSI Approval Logo and Phrase “American National Standard”
`
`13.
`
`The ANSI Style Manual required that, when published, the ANSI
`
`Standard indicate the “Approval Date” on which the ANSI Standard was approved.
`
`(Ex. 1010 at 4.4.1.) As shown in Figure C, below, the ANSI Standard indicates an
`
`“Approval Date” of July 15, 1996, annotated in red.
`
`- 6 -
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`
`Paper No. __
`Declaration of Stephen Halliday
`
`Figure C: Page 2 of ANSI Standard Showing Approval Date
`The ANSI Style Manual required that, when published, the ANSI
`
`14.
`
`Standard include a “copyright page” that includes a “copyright statement” and
`
`identifies a “standard publisher and address.” (Ex. 1010 at 4.6.1.) As shown in
`
`Figure D, below, the ANSI Standard includes a copyright statement indicating a
`
`copyright date of 1996 and identifies “American National Standards Institute, 11
`
`West 42nd Street, New York, NY 10036” as the publisher, as annotated in red.
`
`Figure D: Page 3 of ANSI Standard Showing Copyright Notice
`
`15. Once it had published by August 1996, the ANSI Standard was
`
`available to any interested party. An interested party could obtain the ANSI
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`- 7 -
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`Paper No. __
`Declaration of Stephen Halliday
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`Standard by contacting the publisher, ANSI, as listed on the copyright page and
`
`requesting a copy of the ANSI Standard.
`
`16. By March 18, 2004, in my recollection it was widely known by those
`
`working with bar code technology that ANSI published standards relating to bar
`
`code symbology. (See, e.g., Ex. 1006 at 75 (“There is one umbrella ‘shipping label’
`
`standard recognized worldwide called ‘ANSI MH10.8.M Bar Code Labels for Unit
`
`Loads and Transport Packages.’”), 359 (“Following are the addresses and phone
`
`numbers for purchasing copies of symbology standards . . .:ANSI —American
`
`National Standards Institute, 11 West 42nd Street, 13th Floor, New York NY 10036.
`
`The telephone number for ordering ANSI Standards is (212) 642-4900.”).)
`
`17. Additionally, to make the interested public aware of published
`
`standards, ANSI additionally published a catalog listing standards available for
`
`purchase from ANSI. The “Catalog of American National Standards” (Ex. 1011),
`
`hereinafter “ANSI Catalog,” included a list of standards available for purchase
`
`from ANSI in 1997. The cover page of the ANSI Catalog is shown below in
`
`Figure C. (Ex. 1011 at 1.)
`
`- 8 -
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`
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`Paper No. __
`Declaration of Stephen Halliday
`
`Figure C: Cover Page of ANSI Catalog
`Like the ANSI Standard, the ANSI Catalog identifies “American
`
`18.
`
`National Standards Institute, 11 West 42nd Street, New York, NY 10036” as the
`
`publisher, shown in Figure D below. (Ex. 1011 at 2.)
`
`- 9 -
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`Paper No. __
`Declaration of Stephen Halliday
`
`Figure D: Excerpt from ANSI Catalog Showing Publisher
`
`19.
`
` The ANSI Catalog explains that the “[t]he American National
`
`Standards are indexed alphabetically by subject” and, “[t]o aid users, many are
`
`indexed under more than one term.” (Id.) And “‘See also’ references guide users to
`
`terms that should also be checked for related standards.” (Id.) As shown below in
`
`Figure E, the ANSI Catalog includes a listing for the ANSI Standard, annotated in
`
`red. (Id. at 3.)
`
`- 10 -
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`Paper No. __
`Declaration of Stephen Halliday
`
`Figure E: Excerpt from ANSI Catalog Showing Listing of ANSI Standard
`20. Any member of the public could obtain a copy of the ANSI Standard
`
`from ANSI, and many did so. ANSI imposed no requirement for confidentiality on
`
`those receiving copies of the ANSI Standard, but to the contrary wished for its
`
`publications to be widely available and used.
`
`IV. CONCLUSION
`21.
`I hereby declare that all statements made herein of my own
`
`knowledge are true, and that all statements made on information and belief are
`
`believed to be true and that such statements are made with the knowledge that
`
`willful false statements and the like are punishable by fine or imprisonment, or
`
`both, under Section 1001 of Title 18 of the United States Code.
`
`- 11 -
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`Paper No. __
`Declaration of Stephen Halliday
`
`Dated: September 8, 2017
`
`By:
`
`Stephen G. Halliday
`
`- 12 -
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`
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