Cases

Intellectual Property Infringement

• Non-testifying expert (software evaluation.) Worked closely with one other software expert in a patent litigation on behalf of the defendant regarding Visto Corp. v. Sproqit (N.D. Cal.). The defendant's entire staff had been let go and we had to figure out what they had developed, and then contrast it against the claims made by the plaintiff. My role was to assist in understanding the design and then to reconstruct the programs that comprised a functioning system. The task was made more difficult because we did not have any functioning system clients or servers; just a few hard drives retrieved from various machines in the defendant's engineering lab. I was able to reconstruct clients and servers (written in C and C++ and running on Windows 2000 Advanced Server and Windows XP) and assisted in documenting the system. We were able to show that the plaintiff's description of how our client's technology worked was incorrect on most of the key points.
• Testifying expert, retained by plaintiff with regards to iSmart International Limited v. iDocSecure, LLC, et al. (N.D. Cal.) My report opined as to whether or not the defendant had misrepresented ownership of copyright. Performed forensic investigation of software source and object code, written in a variety of languages for Microsoft Windows.
• Retained by Apple Computer to research prior art regarding Teleshuttle Technologies, LLC and BTG International Inc. v. Microsoft Corporation and i Apple Computer, Inc. (N. D. Cal.) Worked with Kirkland & Ellis LLP.
• Retained by Fenwick & West on behalf of a software tools vendor that suspected a former employee of intellectual property theft. Reverse engineered the former employee?s product and compared it to the client?s product. Compared features, user interfaces, programming interfaces, data structures, static models and run-time models. Advised that there was no infringement and the case was not brought forward.

Contract Performance Disputes

• Retained by Consonus, Inc. (a subsidiary of Questar Corporation) as a testifying expert with regard to Melnyk et al. v. Consonus et al. (D. Utah). Rendered an opinion as to the type and nature of the proprietary technology developed by Consonus of Oregon at the time of the merger that formed Consonus, Inc. Was deposed and testified in court; worked with Jones Waldo Holbrook & McDonough PC on behalf of the defendant. The judge found for the defendant.
• Retained by Kirkpatrick and Lockhart as a software expert to evaluate performance of an offshore contractor (Tata Infotech) for potential litigation. Developed metrics and UNIX scripts to quantify software quality deficiencies. Documented clear evidence that contractor's work was substandard, however investors in the client firm decided the prospect of litigation was too costly and elected to shut down the business rather than take the matter to court.

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