throbber
UNITED STATES INTERNATIONAL TRADE COMMISSION
`WASHINGTON, D.C.
`
`Before the Honorable David P. Shaw
`Administrative Law Judge
`
`
`
`
`
`In the Matter of
`
`CERTAIN MOVABLE BARRIER
`OPERATOR SYSTEMS AND
`COMPONENTS THEREOF
`
`Investigation No. 337-TA-1209
`
`COMPLAINANTS OVERHEAD DOOR CORPORATION’S AND GMI HOLDINGS
`INC.’S IDENTIFICATION OF EXPERT WITNESSES
`
`Pursuant to the Procedural Schedule (Order No. 5) and Ground Rule 4a (Order No. 2) in
`
`this Investigation, Complainants Overhead Door Corporation and GMI Holdings Inc. (together
`
`“Overhead Door” or “Complainants”) identify the following individuals that Overhead Door
`
`currently believes may testify on its behalf in this investigation and their expected areas of
`
`expertise, based on the evidence produced to date. As this Investigation is ongoing, Overhead
`
`Door reserves the right to identify additional expert witnesses and/or expected areas of testimony
`
`in light of any court order and as further information becomes available, including in response to
`
`Respondents’ expert disclosures and expert reports. Overhead Door also reserves the right to call
`
`any expert witness that a party deposes, is identified or called to testify at the hearing by
`
`Respondents, as well as for impeachment and/or rebuttal purposes, even if not identified below.
`
`1.
`
`Nikolaus Baer
`
`Nikolaus Baer is an expert in the development and analysis of software or source code.
`
`Mr. Baer may provide expert testimony about the design, function, and operation of software
`
`installed on CGI’s Accused Products, and matters relating to infringement, enforceability, and
`
`validity of the ’935, ’345, ’718, ’895, and ’260 patents. Mr. Baer may also testify about the design,
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`function, and operation of software installed on Overhead Door’s Domestic Industry Products, and
`
`whether Overhead Door’s Domestic Industry Products practice any claims of the ’935, ’345, ’718,
`
`’895, and ’260 patents. Mr. Baer may also be called to rebut the testimony of CGI’s experts or
`
`fact witnesses regarding any of the areas described above. A copy of Mr. Baer’s curriculum vitae
`
`is attached hereto as Exhibit A.
`
`2.
`
`James M. Conrad
`
`Dr. James M. Conrad is an expert in computer engineering systems. Dr. Conrad may
`
`provide expert testimony about the technical background of the ’260 patent and interpretation of
`
`the claims in the ’260 patent. Dr. Conrad may also testify about the design, structure, function,
`
`and operation of CGI’s Accused Products, and matters relating to infringement, enforceability, and
`
`validity of the ’260 patent. Dr. Conrad may also testify about the technical aspects of Overhead
`
`Door’s Domestic Industry Products, including the design, structure, function, and operation of
`
`Overhead Door’s Domestic Industry Products, and whether Overhead Door’s Domestic Industry
`
`Products practice any claims of the ’260 patent. Dr. Conrad may also testify on matters relating
`
`to the priority date of the ’260 patent, such as conception, reduction to practice, and written
`
`description support for the Asserted Claims of the ’260 patent. Dr. Conrad may also be called to
`
`rebut the testimony of CGI’s experts or fact witnesses regarding any of the areas described above.
`
`A copy of Dr. Conrad’s curriculum vitae is attached hereto as Exhibit B.
`
`3.
`
`Steven B. Leeb
`
`Dr. Steven B. Leeb is an expert in electrical control systems. Dr. Leeb may provide expert
`
`testimony about the technical background of the ’718, ’895, and ’516 patents and interpretation of
`
`the claims in the ’718, ’895, and ’516 patents. Dr. Leeb may also testify about the design, structure,
`
`function, and operation of CGI’s Accused Products, and matters relating to infringement,
`
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`

`

`enforceability, and validity of the ’718, ’895, and ’516 patents. Dr. Leeb may also testify about
`
`the technical aspects of Overhead Door’s Domestic Industry Products, including the design,
`
`structure, function, and operation of Overhead Door’s Domestic Industry Products, and whether
`
`Overhead Door’s Domestic Industry Products practice any claims of the ’718, ’895, and ’516
`
`patents. Dr. Leeb may also testify on matters relating to the priority date of the ’718, ’895, and
`
`’516 patents, such as conception, reduction to practice, and written description support for the
`
`Asserted Claims of the ’718, ’895, and ’516 patents. Dr. Leeb may also be called to rebut the
`
`testimony of CGI’s experts or fact witnesses regarding any of the areas described above. A copy
`
`of Dr. Leeb’s curriculum vitae is attached hereto as Exhibit C.
`
`4.
`
`Charles L. Mauro
`
`Dr. Charles L. Mauro is an expert in industrial design. Dr. Mauro may provide expert
`
`testimony about the technical background of the ’516 patent and interpretation of the claims in the
`
`’516 patent. Dr. Mauro may also testify about the design, structure, function, and operation of
`
`CGI’s Accused Products, and matters relating to infringement, enforceability, and validity of the
`
`’516 patent. Dr. Mauro may also testify about the technical aspects of Overhead Door’s Domestic
`
`Industry Products, including the design, structure, function, and operation of Overhead Door’s
`
`Domestic Industry Products, and whether Overhead Door’s Domestic Industry Products practice
`
`any claims of the ’516 patent. Dr. Mauro may also testify on matters relating to the priority date
`
`of the ’516 patent, such as conception, reduction to practice, and written description support for
`
`the Asserted Claims of the ’516 patent. Dr. Mauro may also be called to rebut the testimony of
`
`CGI’s experts or fact witnesses regarding any of the areas described above. A copy of Dr. Mauro’s
`
`curriculum vitae is attached hereto as Exhibit D.
`
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`5.
`
`Carla S. Mulhern
`
`Carla Mulhern is an expert in the application of microeconomic principles to business
`
`litigation. Ms. Mulhern may provide testimony about the economic aspects of Overhead Door’s
`
`Domestic Industry. Ms. Mulhern may also provide testimony on the issues of secondary
`
`considerations of non-obviousness, remedy, and bonding. Ms. Mulhern may also be called to rebut
`
`the testimony of CGI’s experts or fact witnesses regarding any of the areas described above. A
`
`copy of Ms. Mulhern’s curriculum vitae is attached hereto as Exhibit E.
`
`6.
`
`Joshua W. Phinney
`
`Dr. Joshua W. Phinney is an expert in the field of electrical engineering and wireless
`
`communications. Dr. Phinney may provide expert testimony about the design, structure, function,
`
`and operation of CGI’s Accused Products, and matters relating to infringement, enforceability, and
`
`validity of the ’935, ’345, ’718, and ’895 patents. Dr. Phinney may also testify about the technical
`
`aspects of Overhead Door’s Domestic Industry Products, including the design, structure, function,
`
`and operation of Overhead Door’s Domestic Industry Products, and whether Overhead Door’s
`
`Domestic Industry Products practice any claims of the ’935, ’345, ’718, and ’895 patents. Dr.
`
`Phinney may also testify on matters relating to the priority date of the ’935, ’345, ’718, and ’895
`
`patents, such as conception, reduction to practice, and written description support for the Asserted
`
`Claims of the ’935, ’345, ’718, and ’895 patents. Dr. Phinney may also be called to rebut the
`
`testimony of CGI’s experts or fact witnesses regarding any of the areas described above. A copy
`
`of Dr. Phinney’s curriculum vitae is attached hereto as Exhibit F.
`
`7. Wayne E. Stark
`
`Dr. Wayne E. Stark is an expert in the field of electrical engineering and wireless
`
`communication. Dr. Stark may provide expert testimony about the technical background of the
`
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`’935 and ’345 patents and interpretation of the claims in the ’935 and ’345 patents. Dr. Stark may
`
`also testify about the design, structure, function, and operation of CGI’s Accused Products, and
`
`matters relating to infringement, enforceability, and validity of the ’935 and ’345 patents. Dr.
`
`Stark may also testify about the technical aspects of Overhead Door’s Domestic Industry Products,
`
`including the design, structure, function, and operation of Overhead Door’s Domestic Industry
`
`Products, and whether Overhead Door’s Domestic Industry Products practice any claims of the
`
`’935 and ’345 patents. Dr. Stark may also testify on matters relating to the priority date of the
`
`’935 and ’345 patents, such as conception, reduction to practice, and written description support
`
`for the Asserted Claims of the ’935 and ’345 patents. Dr. Stark may also be called to rebut the
`
`testimony of CGI’s experts or fact witnesses regarding any of the areas described above. A copy
`
`of Dr. Stark’s curriculum vitae is attached hereto as Exhibit G.
`
`8.
`
`Jonathan Wells
`
`Dr. Jonathan Wells is an expert in the field of field of physical electronics and wireless
`
`communication. Dr. Wells may provide expert testimony about the technical background of the
`
`’935 and ’345 patents and interpretation of the claims in the ’935 and ’345 patents. Dr. Wells may
`
`also testify about the design, structure, function, and operation of CGI’s Accused Products, and
`
`matters relating to infringement, enforceability, and validity of the ’935 and ’345 patents. Dr.
`
`Wells may also testify about the technical aspects of Overhead Door’s Domestic Industry Products,
`
`including the design, structure, function, and operation of Overhead Door’s Domestic Industry
`
`Products, and whether Overhead Door’s Domestic Industry Products practice any claims of the
`
`’935 and ’345 patents. Dr. Wells may also testify on matters relating to the priority date of the
`
`’935 and ’345 patents, such as conception, reduction to practice, and written description support
`
`for the Asserted Claims of the ’935 and ’345 patents. Dr. Wells may also be called to rebut the
`
`5
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`

`

`testimony of CGI’s experts or fact witnesses regarding any of the areas described above. A copy
`
`of Dr. Wells’s curriculum vitae is attached hereto as Exhibit H.
`
`9.
`
`David H. Williams
`
`Dr. David Williams is an expert in wireless communications. Dr. Williams may provide
`
`expert testimony about the technical background of the ’718 and ’895 patents and interpretation of
`
`the claims in the ’718 and ’895 patents. Dr. Williams may also testify about the design, structure,
`
`function, and operation of CGI’s Accused Products, and matters relating to infringement,
`
`enforceability, and validity of the ’718 and ’895 patents. Dr. Williams may also testify about the
`
`technical aspects of Overhead Door’s Domestic Industry Products, including the design, structure,
`
`function, and operation of Overhead Door’s Domestic Industry Products, and whether Overhead
`
`Door’s Domestic Industry Products practice any claims of the ’718 and ’895 patents. Dr. Williams
`
`may also testify on matters relating to the priority date of the ’718 and ’895 patents, such as
`
`conception, reduction to practice, and written description support for the Asserted Claims of the
`
`’718 and ’895 patents. Dr. Williams may also be called to rebut the testimony of CGI’s experts or
`
`fact witnesses regarding any of the areas described above. A copy of Dr. Williams’s curriculum
`
`vitae is attached hereto as Exhibit I.
`
`
`Dated: November 17, 2020
`
`
`
`
`
`
`
`
`
`
`
`
`Respectfully submitted,
`
`
`
`
`
`
`
`/s/ Bert C. Reiser
`Bert C. Reiser
`LATHAM & WATKINS LLP
`555 Eleventh Street, NW
`Suite 1000
`Washington, D.C. 20004-1304
`Telephone: (202) 637-2200
`Facsimile: (202) 637-2201
`bert.reiser@lw.com
`
`Kenneth G. Schuler
`
`6
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`

`

`LATHAM & WATKINS LLP
`330 N. Wabash Avenue, Suite 2800
`Chicago, IL 60611
`Telephone: (312) 876-7700
`Facsimile: (312) 993-9767
`kenneth.schuler@lw.com
`
`Clement Naples
`Michael A. David
`LATHAM & WATKINS LLP
`885 Third Avenue
`New York, NY 10022-4834
`Telephone: (212) 906-1200
`Facsimile: (212) 751-4864
`clement.naples@lw.com
`michael.david@lw.com
`
`Giri Pathmanaban
`LATHAM & WATKINS LLP
`140 Scott Drive
`Menlo Park, CA 94025
`Telephone (650) 328-4500
`Facsimile: (650) 463-2600
`giri.pathmanaban@lw.com
`
`Counsel for Complainant Overhead Door
`Corporation and GMI Holdings Inc.
`
`
`
`7
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`337-TA-1209
`
`CERTIFICATE OF SERVICE
`
`copies of COMPLAINANTS OVERHEAD
`that
`certified
`is hereby
`It
`DOOR CORPORATION’S AND GMI HOLDINGS INC.'S IDENTIFICATION OF
`EXPERT WITNESSES were served on November 17, 2020 as follows:
`
`The Honorable Lisa R. Barton
`Secretary to the Commission
`U.S. International Trade Commission
`500 E Street, SW, Room 112
`Washington, DC 20436
`
`The Honorable David P. Shaw
`Administrative Law Judge
`U.S. International Trade Commission
`500 E Street, SW, Room 317
`Washington, DC 20436
`
`Eimeric Reig-Plessis, Esq.
`WINSTON & STRAWN LLP
`275 Middlefield Road, Suite 205
`Menlo Park, CA 94025
`
`On behalf of Respondent The Chamberlain Group,
`Inc.
`
`By EDIS
`
`By Email:
`Shaw337@usitc.gov
`Pyong.Yoon@usitc.gov
`
`By Email
`Winston-CGI-
`OverheadDoorITC@winston.com
`
`/s/ Erika J. Weinstein
`Erika J. Weinstein
`LATHAM & WATKINS LLP
`
`

`

`EXHIBIT A
`
`EXHIBIT A
`
`

`

`Nikolaus Baer
`
`
`
`10981 Willow Valley Ct
`Las Vegas, NV 89135
`Tel (650) 933-5292
`Email Nik@ZeidmanConsulting.com
`Website www.ZeidmanConsulting.com
`
`
`PROFESSIONAL SUMMARY
`Nikolaus Baer is a research engineer at Zeidman Consulting. He has developed software for marine
`research, optical testing equipment, military terrain databases, mobile applications and medical devices.
`He has written articles and given presentations about software trade secret theft and how to analyze
`source code for detecting it. Nik is certified in the use of CodeSuite®. He holds a bachelor’s degree in
`Computer Engineering from UC Santa Barbara, where he attended on a Regents Scholarship. He has
`placed first in the Start Cup 2004 business plan competition. Nik is currently the president of the Northern
`California Scholarship Foundation's Alumni Association and a member of IEEE.
`
`EXPERIENCE
`6/2012 - present: Baer Consulting - Principal
`• Provides engineering hardware and software design and reverse-engineering services.
`• Provides engineering support and expert witnesses for high-tech litigations including patents,
`trade secrets, and copyright matters.
`
`08/2006 - present: Zeidman Consulting - Research Engineer
`• Runs CodeSuite® and analyzes results for a software IP litigation
`• Writes expert reports for software IP litigation
`• Performs research on patents and trade secrets
`• Writes claim charts for patent infringement analysis
`• Develops software analysis tools
`
`08/2006 - 02/2008: Theranos, Inc. - Firmware Developer
`• Performed product development including prototype design, implementation, and testing in pre-
`clinical settings on a multiprocessor system with Java J2ME in the communication environment
`and real-time C in the device control environment
`
`03/2006 - 08/2006: Zeidman Technologies - Member of Technical Staff
`• Developed multifaceted GUI in VB for Ethernet networking emulation software
`• Upgraded complex multi-threaded DLL in VC
`• Designed and built large data post processing methodology
`• Researched and developed data passing algorithms between multi-threaded VC and VB
`• Documented source code, and updated help files in RoboHelp
`
`01/2005 - 03/2006: Nascent Systems Technology - Software Developer
`• Ported large software application onto small mobile devices using MS Visual C++, eVC++ and
`Windows API with RS232, Bluetooth, WLAN and USB communication
`• Recruited, hired and managed software consultants to reduce development time and increase
`profit
`• Built and maintained marketing website using HTML and JavaScript with Flash demo
`• Wrote, edited and published complex applications’ demonstrations and tutorials using Microsoft
`Office
`
`
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`• Developed search solution in Java for making extensive documentation user-friendly which
`reduced a month long documentation job to a few hours
`
`04/2003 - 01/2005: Vareda Engineering -Project Engineer/Programmer
`• Designed and built specialized testing and research equipment
`• Built embedded circuits and matching custom drivers for PC control and setup
`• Presented to customers and negotiated to tailor end products to customer needs
`• Tested, debugged and troubleshot systems
`• Supervised aspects of product’s embedded programming
`• Wrote and edited portions of business proposals
`
`Summer 2002: Organic Photometrics - Product Development Manager
`• Led the development of new commercial testing equipment addressing the unique needs of
`organic LED developers
`• Put together drivers for light spectrum/strength meters and power supplies
`•
`Integrated complex hardware sensors into a user-friendly aesthetic interface program
`
`EDUCATION
`Technology Entrepreneurship Certificate, UC Santa Barbara 2004
`B.S. Computer Engineering (High Honors), UC Santa Barbara 2004
`
`LEGAL CONSULTING/EXPERT WITNESS
`8/2019 - present: O Web Technologies, LTD. v. Bloomin Brands, Inc.
`Law Firm: GrayRobinson, P.A.
`Client: Bloomin Brands, Inc.
`Forum: American Arbitration Association
`Investigation: 01-1-0001-0180
`• Alleged trade secret misappropriation
`• Contract dispute
`• Testified in arbitration
`7/2019 - present: Neodron v. Samsung, Microsoft, Amazon, Lenovo, Motorola, Dell, and HP
`Law Firm: Russ August & Kabat
`Client: Neodron
`Court: U.S. International Trade Commission
`Case: Inv. No. 337-TA-1162
`• Alleged patent infringement of capacitive touch screens
`• Reviewed source code
`• Assisted with writing expert reports
`
`6/2019 - present: LIION, LLC v. Vertiv Group Corporation, et al.
`Law Firm: Benesch, Friedlander, Coplan & Aronoff LLP
`Client: Vertiv Group Corporation, et al.
`Court: U.S. District Court, Northern District of Illinois Eastern Division
`Case: 1:18-CV-06133
`• Alleged trade secret misappropriation
`11/2018 - present: ECIMOS, LLC v. Carrier Corporation
`Court: U.S. District Court, Western District of Tennessee
`Case: 2:15-CV-2726-JPM-cgc
`• Appointed by the Court as Special Master
`
`9/2018 - 5/2019: CardioNet, LLC v. InfoBionic, Inc.
`Law Firm: Latham & Watkins
`Client: InfoBionic, Inc.
`Forum: American Arbitration Association
`
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`Case: AAA Case No. 01-17-00044742
`• Alleged trade secret misappropriation
`• Testified in deposition
`• Testified in arbitration
`
`6/2018 - 7/2019: VKGS, LLC v. Planet Bingo, LLC, et al
`Law Firm: Stinson Leonard Street LLP
`Client: VKGS, LLC
`Court: District Court of Douglas County, Nebraska
`Case: CI-11-8953
`• Alleged trade secret misappropriation
`• Testified in deposition
`• Testified in trial
`
`4/2018 - 5/2018: The State of Missouri v. Eric Greitens
`Law Firm: St. Louis Circuit Attorney's Office
`Client: The State of Missouri
`Court: 22nd Circuit Court, Missouri
`Case: Cause No. 1822-CR00642
`• Alleged criminal privacy violation
`• Researched, analyzed, and compared smartphone camera shutter sounds
`• Assisted with writing expert reports
`1/2018 - 9/2019: Video Gaming Technologies, Inc. v. Castle Hill Studios, LLC, et al
`Law Firm: Saul Ewing Arnstein & Lehr LLP
`Client: Castle Hill Studios
`Court: U.S. District Court, Northern District of Oklahoma
`Case: 17-cv-454-GKF-JF
`• Alleged trade secret misappropriation of Class II gaming software
`• Compared code using CodeSuite
`• Assisted with writing expert reports
`12/2017 - 9/2018: U.S. Ex Rel Maria Uchytil v. Avanade at al.
`Law Firm: Lowe Graham Jones PLLC
`Client: Maria Uchytil
`Court: U.S. District Court, Western District of Washington
`Case: C12-2091-JCC
`• Alleged fraudulent procurement of government contracts for computer software
`• Compared software source code using CodeSuite
`• Assisted with writing expert reports
`
`12/2016 - 11/2018: Papst Licensing v. Apple, LG Electronics, ZTE Corporation, Samsung Electronics,
`Lenovo, Motorola Mobility, Huawei Technologies
`Law Firm: DiNovo Price Ellwanger
`Client: Papst Licensing
`Court: U.S. District Court, Eastern District of Texas, Tyler Division
`Case: Civil Action No. 6:15-cv-1095
`• Alleged patent infringement of mobile phones
`• Read patents
`• Examined mobile phones
`• Analyzed software source code
`• Assisted with writing expert reports
`10/2016 - 5/2016: One World Technologies, Inc. d/b/a Techtronic Industries Power Equipment v. The
`Chamberlain Group, Inc., Inter Partes Review
`Law Firm: Morgan, Lewis, & Bockius LLP
`Client: One World Technologies, Inc.
`Court: Patent Trial and Appeal Board (PTAB)
`
`
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`Case: IPR2017-00214
`•
`Inter partes review
`• Testified in deposition
`
`9/2016 - 9/2017: CSS v. Christopher Herrington, Gene Yoho and Compiled Technologies
`Law Firm: Robinson & McElwee
`Client: Christopher Herrington, Gene Yoho and Compiled Technologies
`Court: U.S. District Court, Southern District of West Virginia, Charleston Division
`Case: Civil Action 2:16-cv-01762
`• Alleged copyright infringement of client-server software
`• Alleged trade secret misappropriation of client-server software
`• Examined software source code
`8/2016 - 1/2020: Optumsoft, Inc. v. Arista Networks, Inc.
`Law Firm: Latham & Watkins
`Client: Arista Networks, Inc.
`Location: Santa Clara County Superior Court
`Case: 1-14-CV-263257
`• Alleged breach of license agreement
`• Alleged trade secret misappropriation
`1/2016 - 6/2016: Verasonics v. Alpinion Medical Systems
`Law Firm: Davis Wright Tremaine
`Client: Verasonics
`Venue: American Arbitration Association, International Centre for Dispute Resolution
`Case: 01-15-0002-9484
`• Alleged trade secret theft
`• Compared software source code using CodeSuite
`12/2015 - 2/2017: ACI Worldwide v. MasterCard Technologies
`Law Firms: Faegre Baker Daniels; Robins Kaplan
`Client: ACI Worldwide
`Venue: U.S. District Court, District of Nebraska
`Case: 8:14cv-00031
`• Alleged trade secret theft
`• Analyzed software source code
`• Assisted with writing two declarations and two expert reports
`
`11/2015 - 2/2016: SalesForceOne LLC. v. Salesforce.com, Inc.
`Law Firm: Wilson Sonsini Goodrich & Rosati
`Client: Salesforce.com, Inc.
`Court: U.S. District Court, Northern District of California
`Case: 4:2015-CV-02174
`• Alleged trademark infringement
`9/2015 - 12/2015: Good Technology Corporation et al v. MobileIron, Inc.
`Law Firm: Orrick, Herrington & Sutcliffe LLP.
`Client: MobileIron, Inc.
`Court: U.S. District Court, District of Delaware
`Case: 1:14-CV-01308-LPS-CJB
`• Alleged patent infringement
`
`2/2015 - 1/2016: NNG, Kft. v. Ava Enterprises, Inc.
`Law Firm: Lewis Roca Rothgerber Christie LLP
`Client: NNG, Kft
`Court: U.S. District Court, Central District of California
`Case: 2:2014-CV-00220
`• Alleged copyright infringement
`
`
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`11/2014 - 1/2016: Allure Energy Inc. v. Nest Labs, Inc. et al
`Law Firm: White and Case LLP
`Client: Nest Labs, Inc.
`Court: U.S. District Court, Eastern District of Texas
`Case: 9:13-CV-102
`• Alleged patent infringement
`• Provided expert report
`• Testified in deposition
`10/2014 - 4/2018: ObjectiVision v. Visionsearch Pty Ltd and University of Sydney
`Law Firms: K&L Gates / Marque Lawyers / Allens
`Client: ObjectiVision
`Court: Federal Court of Australia
`Case: NSD 385 of 2014
`• Alleged copyright infringement of software for a visual electrophysiology device.
`• Compared software source code using CodeSuite
`• Researched algorithms
`• Assisted with writing expert reports
`10/2014 - 1/2016: Cross Mediaworks, LLC and Telamerica Media, LLC v. EMT Holdings, LLC and EMT &
`S Incorporated
`Law Firm: Maxwell & Anderson, LLC
`Client: EMT Holdings, LLC
`Court: U.S. District Court, Southern District of New York
`Case: 14 Civ. 561 (VSB)
`• Alleged trade secret misappropriation
`• Testified in deposition
`• Testified at a hearing
`
`10/2014 - 12/2015: Good Technology Corporation et al v. Airwatch, LLC
`Law Firm: Kilpatrick, Townsend, & Stockton LLP.
`Client: Airwatch, LLC
`Court: U.S. District Court, California Central District Court
`Case: CV12-05827-EJD
`• Alleged patent infringement
`10/2014 - 12/2015: Good Technology Corporation et al v. MobileIron, Inc.
`Law Firm: Orrick, Herrington & Sutcliffe LLP.
`Client: MobileIron, Inc.
`Court: U.S. District Court, Northern District of California
`Case: CV12-05826-EJD
`• Alleged patent infringement
`
`10/2014 - 10/2016: Delphix Corp. v. Actifio, Inc.
`Law Firm: Latham & Watkins
`Client: Actifio, Inc.
`Court: U.S. District Court, Northern District of California
`Cases: 5:14-CV-04613-BLF, 5:14-CV-01047
`• Alleged patent infringement
`1/2014 - 3/2015: Trebro Manufacturing v. Firefly Equipment et al
`Law Firm: Antoinette M. Tease, P.L.L.C.
`Client: Trebro Manufacturing
`Court: Montana District Court
`Case: CV -13-36-BLG-SEH
`• Alleged copyright infringement
`• Submitted an expert report
`• Testified in deposition
`
`
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`12/2013 - 12/2016: InfoSpan Inc et all v. Emirates NBD Bank PJSC
`Law Firm: Latham & Watkins
`Client: Emirates NBD Bank PJSC
`Court: California Central District Court
`Case: 8:2011cv01062
`• Alleged copyright infringement and trade secret misappropriation
`• Provided expert report
`• Testified in deposition
`6/2013 - 1/2014: Cellebrite Mobile Synchronization v. Micro Systemation
`Law Firm: Pearl Cohen Zedek Latzer Baratz LLP
`Client: Cellebrite Mobile Synchronization
`Court: U.S. District Court, Virginia Eastern District Court, Alexandria Division
`Case: 1:13-cv-01014-TSE-TRJ
`• Alleged copyright infringement and trade secret misappropriation of mobile device forensic
`software
`• Compared software binary code using CodeSuite
`• Assisted with writing a declaration
`
`2/2013 - 5/2017: Metropolitan Health Corporate v. Neil Harvey Associates
`Law Firm: Kritzinger & Co / Attorneys Zumpt
`Client: Metropolitan Health Corporate
`Venue: Western Cape High Court, Cape Town, South Africa
`Case: 10264/2010
`• Case was settled
`• Alleged copyright infringement of healthcare administration software
`• Compared software source code using CodeSuite
`• Assisted with writing an expert report
`
`7/2012 - 6/2012: Elan Microelectronics v. Pixcir Microelectronics
`Law Firm: Alston & Bird LLP
`Client: Elan Microelectronics
`Court: United States District Court, District of Nevada
`Case: 2:10-cv-00014-GMN-(PAL)
`• Alleged patent infringement.
`1/2012 - 7/2013: Robin Antonick v. Electronic Arts
`Law Firm: Keker & Van Nest LLP
`Client: Electronic Arts
`Court: United States District Court, Northern District of California
`Case: 3:11-cv-01543-CRB (EDL)
`• Contract dispute
`• Alleged copyright infringement
`• Examined source code and binary code
`• Compared software binary code and source code using CodeSuite
`• Assisted with writing expert reports
`
`1/2012 - 6/2012: ThinkOptics v. Nintendo of America, et al.
`Law Firm: Nix Patterson & Roach LLP
`Client: ThinkOptics
`Court: United States District Court, Eastern District Of Texas, Tyler Division
`Case: 6:2011cv00454
`• Alleged patent infringement
`1/2012 - 6/2012: E-Micro Corporation v. Google, et al.
`Law Firm: Nix Patterson & Roach LLP
`Client: E-Micro
`
`
`
` 6
`
`

`

`Court: United States District Court, Eastern District Of Texas, Tyler Division
`Case: 6:11-CV-465 (JDL)
`• Alleged patent infringement
`
`8/2011—6/2012: Bally Technologies, Inc. v. Business Intelligence Systems Solutions
`Law Firm: Morgan, Lewis, & Bockius LLP
`Client: Business Intelligence Systems Solutions
`Court: U.S. District Court, District Of Nevada
`Case: 2.10-CV-00440-PMP-RJJ
`• Alleged patent infringement of data visualization system.
`• Analyzed patents
`• Examined source code
`• Submitted an expert report
`• Testified in deposition
`8/2010 - 3/2011: Cross Match Technologies v. Suprema and Mentalix
`Law Firm: Latham & Watkins
`Client: Cross Match Technologies
`Court: United States International Trade Commission
`Investigation: 337-TA-720
`• Alleged patent infringement of fingerprint scanning software
`• Analyzed patents
`• Examined source code
`• Compared source code using CodeSuite
`• Assisted with writing an expert report
`
`4/2010 - 7/2012: Brocade v. A10 Networks
`Law Firms: Orrick, Herrington & Sutcliffe; McDermott, Will & Emery
`Client: Brocade
`Court: U.S. District Court, Northern District Of California, San Jose Division
`Case: C 10-03428 LHK (PSG)
`• Alleged copying of software for network controllers
`• Compared software source code using CodeSuite
`• Measured software development using CodeCLOC
`3/2010 - 9/2010: Datamaxx v. Computer Products of Illinois
`Law Firm: Ausley & McMullen
`Client: Computer Products of Illinois
`Court: U.S. District Court, Northern District Of Florida, Tallahassee Division
`Case: 4:09cv435-RH/WCS
`• Alleged copying of software to enable law enforcement
`• Compared source code using CodeSuite
`• Assisted with writing of a declaration and an expert report
`
`2/2010 - 7/2010: SplitFish v. Bannco
`Law Firm: Finnegan, Henderson, Farabow, Garrett & Dunner, LLP
`Client: SplitFish
`Court: U.S. District Court, Northern Easter District of Virginia, Alexandria Division
`Case: l:10cv297
`• Preliminary injunction against defendant granted
`• Alleged copying of firmware for video game controllers
`• Compared software binary code using CodeSuite
`• Assisted with the writing of two declarations
`10/2009-11/2009: Sigma Six Technologies and Sigma Six Consulting. v. Nagarro and T-Systems
`Enterprise Services.
`Law firm: Ropers, Majeski, Kohn & Bentley PC
`
`
`
` 7
`
`

`

`Client: Nagarro
`Court: U.S. District Court, Northern District of California
`Case: C 08-05633 JW
`• Case was settled
`• Alleged trade secret infringement case involving enterprise client user interface software
`8/2009 - 12/2009: De Lage Landen Operational Services v. Third Pillar Systems
`Law Firm: Wilson Sonsini Goodrich & Rosati
`Client: Third Pillar Systems
`Court: U.S. District Court, Eastern District of Pennsylvania
`Case: 09-cv-02439-HB
`• Case was adjudicated
`• Alleged trade secret misappropriation and contract dispute involving lending and leasing software
`• Compared source code using CodeSuite
`
`3/2009 - 2/2011: Financial Systems Technology v. Oracle Corporation
`Law firm: Orrick, Herrington & Sutcliffe
`Client: Oracle
`Court: United States District Court, Eastern District of Texas
`Case: 2:08-CV-371
`• Case was settled
`• Alleged patent infringement case involving database software
`
`2/2009 - 10/2009: Minden Schipper & Associates v. Cancercare Manitoba (Varian Medical Systems)
`Client: Varian Medical Systems
`Court: Queen’s Bench, Winnipeg Centre, Canada
`File: CI 05-01-45377
`• Case was settled
`• Alleged copying of oncology diagnosis expert system software
`• Compared source code using CodeSuite
`11/2008 - 1/2010: Applied Materials v. Advanced Micro-Fabrication Equipment Co.
`Law firm: Goodwin Procter
`Client: Applied Materials
`Court: U.S. District Court, Northern District Of California
`Case: C07 05248 JW (PVT)
`• Case was settled
`• Alleged copying of software for semiconductor manufacturing machines
`• Compared source code using CodeSuite
`
`9/2008 - 9/2009: Abanco Investments LLC v. GuestLogix Inc.
`Law firm: Patterson, Thuente, Skaar & Christensen
`Client: GuestLogix
`Court: U.S. District Court, Northern District of Illinois
`Case: 07 C 1071
`• Case was settled
`• Alleged trade secret theft involving point-of-sale software
`• Compared source code using CodeSuite
`• Assisted with the writing of an expert report.
`
`7/2008-10/2008: Facebook, Inc. v. StudiVZ Ltd.
`Law firm: Orrick, Herrington & Sutcliffe
`Client: Facebook
`Court: U.S. District Court, Northern District of California
`Case: 5:08-CV-03468 JF
`• Case was settled
`• Alleged copyright infringement case involving web-based social networking software
`• Compared source code using CodeSuite
`
`
`
` 8
`
`

`

`04/2008 - 11/2008: Intelligraphics, Inc. v. Marvell Semiconductor, Inc.
`Law firm: Sommers and Schwartz
`Client: Intelligraphics
`Court: U.S. District Court, Northern District Of California, San Francisco Division
`Case number: C-07-2499 JCS
`• Contract dispute case involving WLAN firmware and drivers
`• Compared source code using CodeSuite
`• Assisted with the writing of an expert report
`03/2008 - 08/2008: Carl Zeiss Meditec v. Optovue
`Law firm: Nixon Peabody
`Client: Carl Zeiss Meditec
`Court: U.S. District Court, Northern District of California - Oakland Division
`Case number: C 07-03010 CW
`• Case was settled
`• Alleged copyright/trade secret theft case involving optical coherence tomography software
`• Compared source code using CodeSuite
`• Assisted with the writing of an expert report
`2/2008 - 7/2008: Symantec v. Commissioner of Internal Revenue
`Law firm: Baker & McKenzie
`Client: Symantec
`Court: US Tax Court
`Case: 12075-06
`• Case was adjudicated
`• Software tax dispute
`• Compared source code using CodeSuite
`
`08/ 2006 - 08/2007: AdTech RFID v. Adept Identification Technologies
`

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