`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`HUAWEI DEVICE CO., LTD.,
`Petitioner
`v.
`
`MAXELL, LTD.,
`Patent Owner
`
`INTER PARTES REVIEW
`OF U.S. PATENT NO. 6,754,440 B2
`Case No.: IPR2018-00233
`
`SECOND DECLARATION OF DAN SCHONFELD, Ph.D.
`
`
`
`I, Dan Schonfeld, declare and state as follows:
`
`1.
`
`I have been retained by counsel for Huawei Device Co., Ltd.
`
`(“Huawei” or “Petitioner”) as an expert witness in support of Huawei’s petition for
`
`Inter Partes Review (“IPR”) and cancellation of claims 1-8 of U.S. Patent No.
`
`6,754,440 (Ex. 1001, the “’440 Patent”) (Paper No. 1), which I understand has
`
`been assigned to Maxell, Ltd. (“Maxell” or “Patent Owner”).
`
`2.
`
`I understand that Patent Owner has objected to the authenticity of
`
`certain evidence that was included in Huawei’s Petition for IPR of the ’440 Patent,
`
`IPR2018-00233.
`
`3.
`
`Specifically, I understand that Patent Owner has objected to the
`
`authenticity of the following three exhibits: (1) Ex. 1007, “Hitachi Introduces
`
`World’s First MPEG Camera in Japan” (Jan. 27, 1997) (“MPEGCAM Press
`
`Release”); (2) Ex. 1008, “Hitachi MPEGCAM Instruction Manual” (1997); and (3)
`
`Ex. 1009, “PC Data-Compatible MPEG Camera” (Oct. 1997) (“Hitachi Review
`
`Article”).
`
`4.
`
`On Thursday, June 21, 2018, I visited the following webpage
`
`hosted by Hitachi, Ltd.:
`
`http://www.hitachi.com/New/cnews/E/1997/970127B.html. The webpage contains
`
`a copy of News Release by Hitachi entitled “Hitachi Introduces World’s First
`
`MPEG Camera in Japan.” A true and correct copy of the PDF of that web page is
`
`– 1 –
`
`
`
`Ex. 1019. Other than the labels and page numbers that have been added to the
`
`footers of the documents, the text of Ex. 1019 is identical to Ex. 1007, and no other
`
`alterations have been made.
`
`5.
`
`On Thursday, June 21, 2018, I visited the following webpage
`
`hosted by Manuals Lib: https://www.manualslib.com/manual/500122/Hitachi-
`
`Mpegcam-Mp-Eg1a.html. This webpage contains a copy of an instruction manual
`
`for the Hitachi MPEGCAM MP-EG1A. Ex. 1020 is a true and correct copy of the
`
`PDF of the manual stored on this webpage. Other than the labels and page numbers
`
`that have been added to the footers of the documents, the text of Ex. 1020 is
`
`identical to Ex. 1008, and no other alterations have been made.
`
`6.
`
`On Thursday, June 21, 2018, I visited the following webpage
`
`hosted by Hitachi, Ltd.: http://www.hitachi.com/rev/1997/revoct97.htm. Exhibit
`
`1021 is a true and correct copy of that webpage. Exhibit 1021 lists the Featured
`
`Articles of the October 1997 issue of Hitachi Review (Vol. 46, No. 5). Exhibit
`
`1021 identifies an article entitled “PC Data-Compatible MPEG Camera,” by
`
`Takuya Imaide and Akio Hayashi, which are the title and authors identified in Ex.
`
`1009.
`
`7.
`
`On Thursday, June 21, 2018, I clicked on the hyperlink for “PC
`
`data-compatible MPEG camera” at the website indicated above. The link is to the
`
`following webpage hosted by Hitachi, Ltd.:
`
`– 2 –
`
`
`
`http://www.hitachi.com/rev/1997/revoct97/rev504.htm. Exhibit 1022 is a true and
`
`correct copy of that webpage. Exhibit 1022 provides the text of an abstract for an
`
`article entitled “PC data-compatible MPEG camera.” The title of the web page, the
`
`text of the abstract, and the listed authors are identical to the title, abstract, and
`
`authors of Ex. 1009. Compare Exhibit 1022 with Ex. 1009, 3. The top-left corner
`
`of Exhibit 1022 states “HITACHI REVIEW --- October 1997 Vol.46-No.5,” which
`
`is consistent with Ex. 1009 having been published in the October 1997 issue of
`
`Hitachi Review (Vol. 46, Issue 5). Similarly, the URL for Exhibit 1022 includes
`
`the text “1997” and “revoct97,” which is also consistent with Ex. 1009 having been
`
`published in October 1997.
`
`8.
`
`Ex. 1009 indicates that it was published in a journal with ISSN
`
`0018-277X. On Thursday, June 21, 2018, I visited the following webpage on the
`
`Library of Congress’s Online Catalog, which is the Library of Congress’s full
`
`record for ISSN 0018-277X: https://lccn.loc.gov/62034669. Exhibit 1023 is a true
`
`and correct copy of the full record for ISSN 0018-277X available at the Library of
`
`Congress’s Online Catalog. As indicated in Exhibit 1023, Hitachi Review was
`
`published between January 1952 through February 1998. The last volume,
`
`corresponding to the 1998 volume, was Volume 47. That is consistent with Ex.
`
`1009 being published in the previous volume (Volume 46) one year earlier, in
`
`1997.
`
`– 3 –
`
`
`
`9.
`
`I declare under penalty of perjury that the foregoing is true and
`
`correct. I declare that all statements made herein of my knowledge are true, and
`
`that all statements made on information and belief are believed to be true, and that
`
`these statements were made with the knowledge that willful false statements and
`
`the like so made are punishable by fine or imprisonment, or both, under Section
`
`1001 of Title 18 of the United States Code.
`
`Executed on June 21, 2018, in Northbrook, Illinois.
`
`_______________________
` Dan Schonfeld, Ph.D.
`
`– 4 –
`
`
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