UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`Ericsson, Inc. & Telefonaktiebolaget LM Ericsson
`Petitioner
`
`v.
`
`Intellectual Ventures
`Patent Owner
`____________
`
`Case No. Unassigned
`Patent 8,897,828
`____________
`
`
`DECLARATION OF SYLVIA D. HALL-ELLIS, PH.D.
`
`Ericsson Exhibit 1019
`Page 1
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`
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`Ericsson, Inc. & Telefonaktiebolaget LM Ericsson
`Petitioner
`
`v.
`
`Intellectual Ventures
`Patent Owner
`____________
`
`Case No. Unassigned
`Patent 8,897,828
`____________
`
`
`DECLARATION OF SYLVIA D. HALL-ELLIS, PH.D.
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`Ericsson Exhibit 1019
`Page 1
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`I.
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`INTRODUCTION
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`1. My name is Sylvia D. Hall-Ellis. I have been retained as an expert by
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`Ericsson, Inc. and Telefonaktiebolaget LM Ericsson.
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`2.
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`I have written this report at the request of Ericsson, Inc. and
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`Telefonaktiebolaget LM Ericsson to provide my expert opinion regarding the
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`authenticity and public availability of several books. My report sets forth my
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`opinions in detail and provides the basis for my opinions regarding the public
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`availability of these publications.
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`3.
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`I reserve the right to supplement or amend my opinions, and bases for
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`them, in response any additional evidence, testimony, discovery, argument, and/or
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`other additional information that may be provided to me after the date of this
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`report.
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`4.
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`I am being compensated for my time spent working on this matter at
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`my normal consulting rate of $300 per hour, plus reimbursement for any additional
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`reasonable expenses. My compensation is not in any way tied to the content of this
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`report, the substance of my opinions, or the outcome of this litigation. I have no
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`other interests in this proceeding or with any of the parties.
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`5.
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`All of the materials that I considered are discussed explicitly in this
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`declaration.
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`1
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`Ericsson Exhibit 1019
`Page 2
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`II. QUALIFICATIONS
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`6.
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`I am currently an Adjunct Professor in the School of Information at
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`San José State University. I obtained a Masters of Library Science from the
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`University of North Texas in 1972 and a Ph.D. in Library Science from the
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`University of Pittsburgh in 1985. Over the last forty-five years, I have held various
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`positions in the field of library and information resources. I was first employed as
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`a librarian in 1966, and have been involved in the field of library sciences since,
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`holding numerous positions.
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`7.
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`I am a member of the American Library Association (ALA) and its
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`Association for Library Collections & Technical Services (ALCTS) Division, and I
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`served on the Committee on Cataloging: Resource and Description (which wrote
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`the new cataloging rules) and as the chair of the Committee for Education and
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`Training of Catalogers and the Competencies and Education for a Career in
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`Cataloging Interest Group. I also served as the Chair of the ALCTS Division’s
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`Task Force on Competencies and Education for a Career in Cataloging.
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`Additionally, I have served as the Chair for the ALA Office of Diversity’s
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`Committee on Diversity. Currently I serve as a member of the Editorial Board for
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`the ALCTS premier cataloging journal, Library Resources and Technical Services.
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`8.
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`I have also given over one hundred presentations in the field,
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`including several on library cataloging systems and Machine-Readable Cataloging
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`2
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`Ericsson Exhibit 1019
`Page 3
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`(“MARC”) standards. My current research interests include library cataloging
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`systems, metadata, and organization of electronic resources.
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`9. My full curriculum vitae is attached hereto as Attachment 1c.
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`III. LIBRARY CATALOGING PRACTICES
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`10.
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`I am fully familiar with the library cataloging standard known as the
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`MARC standard, which is an industry-wide standard method of storing and
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`organizing library catalog information.1 MARC was first developed in the 1960’s
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`by the Library of Congress. A MARC-compatible library is one that has a catalog
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`consisting of individual MARC records for each of its items. Today, MARC is the
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`primary communications protocol for the transfer and storage of bibliographic
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`metadata in libraries.2
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`
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`1 The full text of the standard is available from the Library of Congress at
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`http://www.loc.gov/marc/bibliographic/.
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`2 Almost every major library in the world is MARC-compatible. See, e.g., MARC
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`Frequently Asked Questions (FAQ), Library of Congress,
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`https://www.loc.gov/marc/faq.html (last visited August 8, 2018) (“MARC is the
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`acronym for MAchine-Readable Cataloging. It defines a data format that emerged
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`from a Library of Congress-led initiative that began nearly forty years ago. It
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`provides the mechanism by which computers exchange, use, and interpret
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`3
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`Ericsson Exhibit 1019
`Page 4
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`11. A MARC record comprises several fields, each of which contains
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`specific data about the work. Each field is identified by a standardized, unique,
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`three-digit code corresponding to the type of data that follow. For example, a
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`work’s title is recorded in Field 245, the primary author of the work is recorded in
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`Field 100, an item’s International Standard Book Number (“ISBN”) is recorded in
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`Field 020, an item’s Library of Congress call number is recorded in Field 050, and
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`the publication date is recorded in Field 260 under the subfield “c.” If a work is a
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`periodical, then its publication frequency is recorded in Field 310, and the
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`publication dates (e.g., the first and last publication) are recorded in Field 362,
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`which is also referred to as the enumeration/chronology field.
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`12. The library that created the record is recorded in Field 040 in subfield
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`“a” with a unique library code. When viewing the MARC record online via Online
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`Computer Library Center’s (“OCLC”) Connexion database, hovering over this
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`code with the mouse reveals the full name of the library. I used this method of
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`“mousing over” the library codes in the OCLC database to identify the originating
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`library for the MARC records discussed in this report. Where this “mouse over”
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`
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`bibliographic information, and its data elements make up the foundation of most
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`library catalogs used today.”). MARC is the ANSI/NISO Z39.2-1994 (reaffirmed
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`2016) standard for Information Interchange Format.
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`4
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`Ericsson Exhibit 1019
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`option was not available, I consulted the Directory of OCLC Libraries in order to
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`identify the institution that created the MARC record.3
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`13. MARC records also include several fields that include subject matter
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`classification information. An overview of MARC record fields is available
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`through the Library of Congress at http://www.loc.gov/marc/bibliographic/. For
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`example, 6XX
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`fields
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`are
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`termed
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`“Subject Access Fields.”
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` See
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`http://www.loc.gov/marc/bibliographic/bd6xx.html. Among these, for example, is
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`the 650 field; this is the “Subject Added Entry – Topical Term” field. See
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`http://www.loc.gov/marc/bibliographic/bd650.html. The 650 field is a “[s]ubject
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`added entry in which the entry element is a topical term.” Id. These entries “are
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`assigned to a bibliographic record to provide access according to generally
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`accepted thesaurus-building rules (e.g., Library of Congress Subject Headings
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`(LCSH), Medical Subject Headings (MeSH)).” Id. Further, MARC records
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`include call numbers, which themselves include a classification number. For
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`example, the 050 field is the “Library of Congress Call Number.” See
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`http://www.loc.gov/marc/bibliographic/bd050.html. A defined portion of the
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`Library of Congress Call Number is the classification number, and “source of the
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`classification number
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`is Library of Congress Classification and
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`the LC
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`
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`3 https://www.oclc.org/en/contacts/libraries.html.
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`5
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`Ericsson Exhibit 1019
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`Classification-Additions and Changes.” Id. Thus, included in the 050 field is a
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`subject matter classification. Each item in a library has a single classification
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`number. A library selects a classification scheme (e.g., the Library of Congress
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`Classification scheme just described or a similar scheme such as the Dewey
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`Decimal Classification scheme) and uses it consistently. When the Library of
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`Congress assigns the classification number, it appears as part of the 050 field. If a
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`local library assigns the classification number, it appears in a 090 field. In either
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`scenario, the MARC record includes a classification number that represents a
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`subject matter classification.
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`14. The OCLC was created “to establish, maintain and operate a
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`computerized library network and to promote the evolution of library use, of
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`libraries themselves, and of librarianship, and to provide processes and products
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`for the benefit of library users and libraries, including such objectives as increasing
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`availability of library resources to individual library patrons and reducing the rate
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`of rise of library per-unit costs, all for the fundamental public purpose of furthering
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`ease of access to and use of the ever-expanding body of worldwide scientific,
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`6
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`Ericsson Exhibit 1019
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`literary and educational knowledge and information.” 4 Among other services,
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`OCLC and its members are responsible for maintaining the WorldCat database
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`(http://www.worldcat.org/), used by
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`independent and
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`institutional
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`libraries
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`throughout the world.
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`15. OCLC also provides its members online access to MARC records
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`through its OCLC Connexion database. When an OCLC member institution
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`acquires a work, it creates a MARC record for this work in its computer catalog
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`system in the ordinary course of its business. MARC records created at the Library
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`of Congress are tape-loaded into the OCLC database through a subscription to
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`MARC Distribution Services daily or weekly. Once the MARC record is created
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`by a cataloger at an OCLC member institution or is tape-loaded from the Library
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`of Congress, the MARC record is then made available to any other OCLC
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`members online, and therefore made available to the public. Accordingly, once the
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`MARC record is created by a cataloger at an OCLC member institution or is tape-
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`loaded from the Library of Congress or another library anywhere in the world, any
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`publication corresponding to the MARC record has been cataloged and indexed
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`
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`4 Third Article, Amended Articles of Incorporation of OCLC Online Computer
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`Library Center, Incorporated (available at
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`https://www.oclc.org/content/dam/oclc/membership/articles-of-incorporation.pdf).
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`7
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`Ericsson Exhibit 1019
`Page 8
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`according to its subject matter such that a person interested in that subject matter
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`could, with reasonable diligence, locate and access the publication through any
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`library with access to the OCLC Connexion database or through the Library of
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`Congress.
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`16. When an OCLC member institution creates a new MARC record,
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`OCLC automatically supplies the date of creation for that record. The date of
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`creation for the MARC record appears in the fixed Field (008), characters 00
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`through 05. The MARC record creation date reflects the date on which, or shortly
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`after which, the item was first acquired or cataloged. Initially, Field 005 of the
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`MARC record is automatically populated with the date the MARC record was
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`created in year, month, day format (YYYYMMDD) (some of the newer library
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`catalog systems also include hour, minute, second (HHMMSS)). Thereafter, the
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`library’s computer system may automatically update the date in Field 005 every
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`time the library updates the MARC record (e.g., to reflect that an item has been
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`moved to a different shelving location within the library). Field 005 is visible
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`when viewing a MARC record via an appropriate computerized interface, but
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`when a MARC record is printed to hardcopy, no “005” label appears. The initial
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`Field 005 date (i.e., the date the MARC record was created) does appear, however,
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`8
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`Ericsson Exhibit 1019
`Page 9
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`next to the label “Entered.”5 The date upon which the most recent update to Field
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`005 occurred also appears, next to the label “Replaced.” Thus, when an item’s
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`MARC record has been printed to hardcopy—as is the case with the exhibits to this
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`report—the date reflected next to the label “Entered” is necessarily on or after the
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`date the library first cataloged and indexed the underlying item.
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`17. Once one library has cataloged and indexed a publication by creating
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`a MARC record for that publication, other libraries that receive the publication do
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`not create additional MARC records—the other libraries instead rely on the
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`original MARC record. They may update or revise the MARC record to ensure
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`accuracy, but they do not replace or duplicate it. This practice does more than save
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`libraries from duplicating labor. It also enhances the accuracy of MARC records.
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`Further, it allows librarians around the world to know that a particular MARC
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`record is authoritative (in contrast, a hypothetical system wherein duplicative
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`records were created would result in confusion as to which record is authoritative).
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`18. The date of creation of the MARC record by a cataloger at an OCLC
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`member institution reflects when the underlying item is accessible to the public.
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`Upwards of two-thirds to three-quarters of book sales to libraries come from a
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`
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`5
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`In this report, I sometimes refer to the “Entered” entry as Field 008, characters
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`00-05.
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`9
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`Ericsson Exhibit 1019
`Page 10
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`
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`jobber or wholesaler for online and print resources. These resellers make it their
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`business to provide books to their customers as fast as possible, often providing
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`turnaround times of only a single day after publication. Libraries purchase a
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`significant portion of the balance of their books directly from publishers
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`themselves, which provide delivery on a similarly expedited schedule. In general,
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`libraries make these purchases throughout the year as the books are published and
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`shelve the books as soon thereafter as possible in order to make the books available
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`to their patrons. Thus, books are generally available at libraries across the country
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`within just a few days of publication.
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`19. Catalogers can create MARC records for all types of print, online, and
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`digital resources. For example, MARC records cover serial publications, including
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`both serially-published monographs and journals. OCLC hosts MARC records for
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`more than 320 million serial publications. Serial publications are those
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`publications that have the same collective title but are intended to be continued
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`indefinitely with enumeration such as a volume or issue number (e.g., magazines,
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`journals, etc.). In the OCLC Connexion database, the first issue of the serial
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`publication is typically cataloged (i.e., a corresponding MARC record is created),
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`but the date is left open-ended with the use of a punctuation mark such as a dash.
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`OCLC serial publication MARC records represent the entire run of the serial title.
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`With knowledge of the first issue published, future issues can be predicted based
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`10
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`Ericsson Exhibit 1019
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`on the information provided in the MARC record, for example in Field 362. In my
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`extensive professional experience, is it highly unusual for a library to stop
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`collecting and shelving a serial publication prior to the end of its publication run.
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`If a subscription to a serial publication ends its run or is cancelled before the end of
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`its run, the library will denote that it has stopped receiving new volumes by filling
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`in the end date in the MARC record.
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`20. The handling of printed journal subscriptions is shown on the covers
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`of individual issues. As was the best practice among libraries, issues arrived at a
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`central facility and were immediately received, verified as part of a subscription,
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`checked in, and stamped with the institution’s name and date. Determining that the
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`issue was part of the library subscription ensured that the entire set of publications
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`for the year had been received so that they could be professionally bound and
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`retained. This process also verified that all of the published issues arrived so that
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`the library staff did not have to request or claim an issue that did not arrive as
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`expected. In large public libraries with branches and multi-campus libraries within
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`academic institutions, the journals were sorted and delivered to the subscribing
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`unit. The issues were frequently stamped again to acknowledge receipt. The new
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`issue was placed in the public area; the older issue was stored so that it remained
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`available.
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`21. The foregoing process has been standard library practice longer than I
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`Ericsson Exhibit 1019
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`have been working in the profession. I first learned the steps in the process in the
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`late 1970s and later supervised it. Although the checking in process has become
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`automated and now links electronically to holdings records for the MARC record
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`for each serial title, the manual stamping and placing the issue in a public area has
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`not changed for 50 years. Unless I note otherwise below in reference to a specific
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`serial publication, it is my expert opinion that this standard protocol was followed
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`for each of the serial publications discussed below.
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`22.
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`In preparing this report, I used authoritative databases, such as the
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`OCLC Connexion database and the Library of Congress Online Catalog, to
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`confirm citation details of the various publications discussed. Unless I note
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`otherwise below in reference to a specific serial publication, it is my expert opinion
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`that this standard protocol was followed for each of the serial publications
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`discussed below.
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`23.
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`Indexing. A researcher may discover material relevant to his or her
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`topic in a variety of ways. One common means of discovery is to search for
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`relevant information in an index of periodical and other publications. Having
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`found relevant material, the researcher will then normally obtain it online, look for
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`it in libraries, or purchase it from the publisher, a bookstore, a document delivery
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`service, or other provider. Sometimes, the date of a document’s public
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`accessibility will involve both indexing and library date information. However,
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`Ericsson Exhibit 1019
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`date information for indexing entries is often unavailable. This is especially true
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`for online indices.
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`24.
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`Indexing services use a wide variety of controlled vocabularies to
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`provide subject access and other means of discovering the content of documents.
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`The formats in which these access terms are presented vary from service to service.
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`25. Online
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`indexing
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`services
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`commonly provide bibliographic
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`information, abstracts, and full-text copies of the indexed publications, along with
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`a list of the documents cited in the indexed publication. These services also often
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`provide lists of publications that cite a given document. A citation of a document
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`is evidence that the document was publicly available and in use by researchers no
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`later than the publication date of the citing document.
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`26. Prominent indexing services include the following:
`
`a.
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`ACM Digital Library. This index is produced by the Association for
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`Computing Machinery, the world’s largest scientific and educational computing
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`society. AMC Digital Library contains the full text of all AMC publications,
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`hosted full-text publications from selected publishers, and the ACM Guide to
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`Computing Literature—a comprehensive bibliography of computing literature
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`beginning in the 1950s with more than a million entries. All metadata in the
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`database are freely available on the Web, including abstracts, linked references,
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`citing work, and usage statistics. Full-text articles are available with subscription.
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`13
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`Ericsson Exhibit 1019
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`27.
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`IEEE Xplore. This scholarly research database includes indexes,
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`abstracts, and full-text for articles and papers on computer science, electrical
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`engineering, and electronics.
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` The database mainly covers material from
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`the Institute of Electrical and Electronics Engineers (IEEE) and the Institution of
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`Engineering and Technology. The IEEE Xplore digital library provides Web
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`access to more than 4.3-million full-text documents from some of the world's most
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`highly cited publications. The content comprises over 180 journals, over 1,400
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`conference proceedings, more than 3,800 technical standards, over 1,800 eBooks
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`and over 400 educational courses. Approximately 20,000 new documents are
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`added to IEEE Xplore each month. Abstracts are free to access, but access to full
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`text requires a subscription or institutional login.
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`IV. PRELIMINARIES
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`28.
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`Scope of this declaration. I am not an attorney and will not offer
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`opinions on the law. I am, however, rendering my expert opinion on the
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`authenticity of the documents referenced herein and on when and how each of
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`these documents was disseminated or otherwise made available to the extent that
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`persons interested and ordinarily skilled in the subject matter or art, exercising
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`reasonable diligence, could have located the documents before August 12, 2004.
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`29.
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`I am informed by counsel that a printed publication qualifies as
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`publicly accessible as of the date it was disseminated or otherwise made available
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`Ericsson Exhibit 1019
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`such that a person interested in and ordinarily skilled in the relevant subject matter
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`could locate it through the exercise of ordinary diligence.
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`30. While I understand that the determination of public accessibility under
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`the foregoing standard rests on a case-by-case analysis of the facts particular to an
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`individual publication, I also understand that a printed publication is rendered
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`“publicly accessible” if it is cataloged and indexed by a library such that a person
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`interested in the relevant subject matter could locate it (i.e., I understand that
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`cataloging and indexing by a library is sufficient, though there are other ways that
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`a printed publication may qualify as publicly accessible). One manner of sufficient
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`indexing is indexing according to subject matter category. I understand that the
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`cataloging and indexing by a single library of a single instance of a particular
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`printed publication is sufficient, even if the single library is in a foreign country. I
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`understand that, even if access to a library is restricted, a printed publication that
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`has been cataloged and indexed therein is publicly accessible so long as a
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`presumption is raised that the portion of the public concerned with the relevant
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`subject matter would know of the printed publication. I also understand that the
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`cataloging and indexing of information that would guide a person interested in the
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`relevant subject matter to the printed publication, such as the cataloging and
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`indexing of an abstract for the printed publication, is sufficient to render the
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`printed publication publicly accessible.
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`15
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`Ericsson Exhibit 1019
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`31.
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`I understand that routine business practices, such as general library
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`cataloging and indexing practices, can be used to establish an approximate date on
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`which a printed publication became publicly accessible.
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`32. Persons of ordinary skill in the art. I am told by counsel that the
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`subject matter of this proceeding relates to telecommunications technology.
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`33.
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`I have been informed by counsel that a “person of ordinary skill in the
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`art at the time of the inventions” is a hypothetical person who is presumed to be
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`familiar with the relevant field and its literature at the time of the inventions. This
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`hypothetical person
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`is also a person of ordinary creativity, capable of
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`understanding the scientific principles applicable to the pertinent field.
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`34.
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`I am told by counsel that persons of ordinary skill in this subject
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`matter or art would have had a B.Sc. degree in Electrical Engineering or a related
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`field with at least three years of experience in the field of telecommunication
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`networks.
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`35.
`
` It is my opinion that such a person would have been engaged in
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`research, learning though study and practice in the field and possibly through
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`formal instruction the bibliographic resources relevant to his or her research. In the
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`1980s and 1990s such a person would have had access to a vast array of long-
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`established print resources in electrical engineering as well as to a rich set of online
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`resources providing indexing information, abstracts, and full text services for
`
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`electrical engineering.
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`V. DOCUMENT 1: EXHIBIT 1007 (“HOLMA”)
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`36. Document 1 is a copy of the book WCDMA for UMTS: Radio Access
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`for Third Generation Mobile Communications, 2nd edition, edited by Harri Holma
`
`and Antti Toskala (hereinafter called “Holma”). The exhibit filed in this
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`proceeding as Exhibit 1007 is a true and correct copy of the title page, verso of the
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`title page, table of contents, portions of Chapter 6 entitled “Physical Layer” (pages
`
`85-90), and Chapter 13 entitled “UTRA TDD Mode” (pages 351-71). I obtained
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`this copy of the book comprising Exhibit 1007 from the Gemmill Library for
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`Engineering, Mathematics, and Physics at the University of Colorado – Boulder.
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`Specifically, the text of the book is complete; no pages are missing, and the text on
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`each page appears to flow seamlessly from one page to the next; further, there are
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`no visible alterations to the document. Exhibit 1007 was found within the custody
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`of a library – a place where, if authentic, a copy of this volume would likely be.
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`Exhibit 1007 is a true and correct copy in a condition that creates no suspicion
`
`about its authenticity.
`
`37. Attached hereto as Attachment 1a is a true and correct copy of the
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`MARC record for this book from the Gemmill Library of Engineering,
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`Mathematics and Physics at the University of Colorado – Boulder. The library
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`ownership is indicated by the presence of the library’s code (COD) in the 049 field.
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`17
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`Ericsson Exhibit 1019
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`The library continues to update this MARC record and enhanced the MARC record
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`to meet current cataloging rules. I personally identified and retrieved the library
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`catalog record which is Attachment 1a.
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`38. Based on finding a copy of Exhibit 1007 in the Gemmill Library for
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`Engineering, Mathematics, and Physics at the University of Colorado – Boulder
`
`and a record in its online library catalog attached as Attachment 1a, it is my
`
`opinion that the book WCDMA for UMTS: Radio Access for Third Generation
`
`Mobile Communications, 2nd edition, edited by Holma and Toskala was available
`
`from the Gemmill Library for Engineering, Mathematics, and Physics at the
`
`University of Colorado – Boulder as of May 29, 2002, as shown in Field 008.
`
`39. Attached hereto as Attachment 1b is a true and correct copy of the
`
`MARC record for the book WCDMA for UMTS: Radio Access for Third
`
`Generation Mobile Communications, 2nd edition, obtained from the OCLC
`
`Connexion database. As previously noted, the library that created the record is
`
`recorded in field 040 with a unique library code. For Exhibit 1007, that library
`
`code is “DLC,” which means that the MARC record for this serial was cataloged at
`
`the Library of Congress. As can be seen in the “Entered” field in MARC record
`
`for this exhibit, a cataloger created OCLC record number 49936174 on May 29,
`
`2002. Attachment 1b further includes an entry in field 050 (“TK5103.452 ‡b .W39
`
`2002”)—as described above, this includes a subject matter classification number
`
`18
`
`Ericsson Exhibit 1019
`Page 19
`
`
`
`consistent with the Library of Congress classification system (analogous to the
`
`Dewey Decimal System). Attachment 1b further includes an entry in field 082
`
`(“621.3845”), a subject matter consistent with the Dewey Decimal System.
`
`Attachment 1b further includes four English language field 650 entries reading
`
`“Code division multiple access,” “Wireless communication systems ‡x Standards,”
`
`“Mobile communication systems ‡v Standards,” and “Global system for mobile
`
`communications.” Thus, as of its cataloging, the publication corresponding to the
`
`MARC record attached hereto as Attachment 1b was indexed according to its
`
`subject matter by virtue of at least three independently sufficient classifications:
`
`the field 050 entry, the field 082 entry, and the field 650 entries. Further, as of
`
`May 29, 2002, the MARC record attached hereto as Attachment 1b was accessible
`
`through any library with access to the OCLC Connexion database or the online
`
`catalog at a library that acquired the Holma book, which means that the
`
`corresponding publication was publicly available on or before that same date
`
`through any library with access to the OCLC Connexion database or through an
`
`individual library.
`
`40. Attachment 1b indicates that the book WCDMA for UMTS: Radio
`
`Access for Third Generation Mobile Communications, 2nd edition, as cataloged at
`
`the Library of Congress is currently available from 130 libraries. In view of
`
`Attachment 1b, this book was publicly available no later than May 29, 2002,
`
`19
`
`Ericsson Exhibit 1019
`Page 20
`
`
`
`because by that date it had been cataloged and indexed at the Library of Congress,
`
`made part of the OCLC Connexion database, and received at the Gemmill Library
`
`for Engineering, Mathematics, and Physics at the University of Colorado –
`
`Boulder. For these reasons, it is my opinion that Exhibit 1007 published and was
`
`accessible to the public no later than May 29, 2002.
`
`VI. DOCUMENT 2: EXHIBIT 1015 (“CHITRAPU”)
`
`41. Document 2 is a copy of the book Wideband TDD: WCDMA for the
`
`Unpaired Spectrum, 1st edition, by Prabhakar Chitrapu (hereinafter called
`
`“Chitrapu”). The exhibit filed in this proceeding as Exhibit 1015 is a true and
`
`correct copy of the title page, verso of the title page, table of contents, and Chapter
`
`5.9 entitled “Power Control Procedures” (pgs. 114-118). I obtained this copy of
`
`the article comprising Exhibit 1015 from the Morgan Library at Colorado State
`
`University. Specifically, the text of the book is complete; no pages are missing,
`
`and the text on each page appears to flow seamlessly from one page to the next;
`
`further, there are no visible alterations to the document. Exhibit 1015 was found
`
`within the custody of a library – a place where, if authentic, a copy of this volume
`
`would likely be. Exhibit 1015 is a true and correct copy in a condition that creates
`
`no suspicion about its authenticity.
`
`42. Attached hereto as Attachment 2a is a true and correct copy of the
`
`MARC record for this book from the Morgan Library at Colorado State University.
`
`20
`
`Ericsson Exhibit 1019
`Page 21
`
`
`
`The library ownership is indicated by the presence of the library’s code (COD) in
`
`the 049 field. The library continues to update this MARC record and enhanced the
`
`MARC record to meet current cataloging rules. I personally identified and
`
`retrieved the library catalog record which is Attachment 2a.
`
`43. Based on finding a copy of Exhibit 1015 in the Morgan Library at
`
`Colorado State University and a record in its online library catalog attached as
`
`Attachment 2a, it is my opinion that the book Wideband TDD: WCDMA for the
`
`Unpaired Spectrum, 1st edition, by Chitrapu was available from the Morgan
`
`Library at Colorado State University as of September 26, 2003, as shown in Field
`
`008.
`
`44. Attached hereto as Attachment 2b is a true and correct copy of the
`
`MARC record for the book Wideband TDD: WCDMA for the Unpaired Spectrum,
`
`1st edition, obtained from the OCLC Connexion database. As previously noted, the
`
`library that created the record is recorded in field 040 with a unique library code.
`
`For Exhibit 1004, that library code is “UKM,” which means that the MARC record
`
`for this serial was cataloged at the British Library. As can be seen in the “Entered”
`
`field in MARC record for this exhibit, a cataloger created OCLC record number
`
`53155658 on September 26, 2003. Attachment 2b further includes an entry in field
`
`050 (“TK5103.452 ‡b .C45 2004”)—as described above, this includes a subject
`
`matter classification number consistent with the Library of Congress classification
`
`21
`
`Ericsson Exhibit 1019
`Page 22
`
`
`
`system (analogous to the Dewey Decimal System). Attachment 2b further includes
`
`an en
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