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Patent Infringement / Application Expert Witnesses

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Ian Allport
Information Technology Consultant
New York NY 10022
USA
phone: 212-813-0403
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Ian Allport Intellectual Property Expert PhotoIan Allport, principal at Radical Software & Consulting Inc., has over 30 years of experience in the Financial Services and Information Technology industry.

Background Experience - For over 25 years Mr. Allport worked in various roles in the financial services industry. He has experience in developing applications for many business types and has operated at many different levels of responsibility including project management, application design, and programming. In those roles, he provided technology solutions and was intimately involved in the creation of new business platforms. At all times, Mr. Allport has been strongly aligned with the business operations in companies.

Litigation Support - Since 2000, Mr. Allport has provided litigation services for legal firms throughout the United States and Canada in the area of infringement of intellectual property, namely: Patents, Copyrights, and Theft of Intellectual Property. His cases have included subject matter related to:
  • Financial Service Applications
  • Health Care Services
  • Medication Dispensing Software
  • ATM and Point of Sale Transaction Processing
  • Check Image Processing
Areas of Expertise:

Patents - Ian Allport has extensive experience in automated trading, including algorithmic and high frequency technology. These skills have been utilized on cases including Reuters vs. Bloomberg, LLC in a patent infringement litigation and a case of potential patent infringement involving automated execution platforms. Mr. Allport creates and examines claim charts, provides input to attorneys evaluating the validity of a patent, and performs detailed code and processing analysis of an application that potentially violate a patent.

Copyrights - To determine if a copyright has been violated, Mr. Allport utilizes analytical skills including abstraction, filtration and comparison, standards of substantially similar, look and feel protection, virtually identical analysis, and a detailed examination of the processes used in conjunction with the potential violating application. These tasks culminate in a report detailing whether or not the copyright was violated and, if so, the manner in which it was done including the use of copyright case history to highlight how conclusions were drawn.

Theft of Intellectual Property - Mr. Allport examines motives, defendant skill sets, opportunity, and the systems in question to determine if IP theft has occurred. Extensive reports are created based on his findings.
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Robert John Anders
P.O. Box 609
Warwick NY 10990
USA
phone: 845-987-8674
fax: 845-987-8675
Robert John Anders is a member of the Industrial Designers Society of America and the Human Factors and Ergonomic Society with more than 40 years of professional experience. Mr. Anders has been retained as an Industrial Design Expert for 25 years.

During his academic career as a tenured Professor at Pratt Institute, he lectured internationally and had written and taught Universal Design and the ADA.

Mr. Anders' Areas of Expertise Include:
  • Industrial Design - Consumer Product, Furniture, Packaging and Retail Design
  • Human Factors
  • ADA and Design Management
  • Intellectual Property - utility and design patents, trademarks, trade dress and copyright infringement
2/2/2015 · Patents
Break lines are a well-known and frequently used drawing convention incorporated into certain design patent drawings to limit the length of a depicted product either because the length is irrelevant or of an excessive size to fit on the drawing page. Depicted below are two Break line drawing conventions, from one of the earlier published standards for lines used in technical drawings.

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Fred P. Smith
President
111 W. Canyon Crest Road
Alpine UT 84004
USA
phone: 801-763-8484
fax: 801-763-5755
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Alpine Engineering & Design, Inc. is a company that specializes in Rapid Product Development. Their engineers have had over 20 years developing the skills of new product design. Their innovative approach to product design can be seen in over 100 patents held by their engineers. When we create a product, we must sell it to our customer. We use resources such as our model shop, computer graphics and animations, full size prototypes and written descriptions to communicate our ideas to our customers. We effectively teach them about the product and its merits.

We apply the same skills we use in developing new products to our work as expert witnesses. We give honest, understandable opinions with the underpinning required to help attorneys, judges and jurors make good decisions.

Alpine Engineering's Design Experience reaches a number of industries including Refuse Equipment, Hydraulically Operated Equipment, Trucks and Related Equipment, Aerial Lifts, Manlifts, Industrial Equipment, Mobile Equipment, Material Handling, Forklifts, Pallet Trucks, Boom Trucks, Suspension Systems, Garbage Trucks, Front Loaders, Side Loaders, Automated Loaders, Rear Loaders, Rolloffs, Liftgates, Exercise and Sports Equipment, Trucking Equipment, Turf Care Equipment, Farming Equipment.

Alpine Engineering's Comprehensive Services include:

Product Development
  • Innovative Concept
  • Multi-Industry Experience
  • Powerful Design Tools
  • Full Service Fabricating Materials
  • Expert Witness Services
  • Vast Technical Knowledge
  • Intellectual Property
  • Creative Display Presentations
  • Great Reputation
  • Patent & Patent Related Issues
  • Patent Searches
  • Provisional Patent Complete with Illustrations
  • Patent Infringement Review
  • Design Analysis
  • Finite Element Analysis (FEA)
  • Hydraulics, Pneumatics, Electrical
  • Structural Integrity Tests
  • Value Analysis
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    Antonio R. Sarabia II
    3463 Tanglewood Lane
    Rolling Hills Estates CA 90274
    USA
    phone: 310-377-5171
    fax: 310-377-5039
    APPAREL: During his 25 years of experience, Mr. Sarabia has become intimately familiar with the many business problems - and legal issues - which fashion companies may face. The start of his apparel industry experience was nine remarkable years as part of the senior management of Guess?, Inc. Guess? went through amazing growth during this period, one year alone its sales grew 400%! In these nine years, Guess? transformed from a fad into a mainstay fashion company. Those who were fortunate enough to work there saw a variety of challenges, problems and issues which most apparel companies do not encounter over decades. This incredible environment immersed Mr. Sarabia into a wide array of apparel business matters including apparel designs, design creation, design protection, brand establishment and protection, advertising, domestic and foreign manufacturing, factory monitoring, quality control, export, import, customs issues, product sourcing, corporate structure, apparel company management, including officer and director obligations and performance, domestic and foreign distribution, licensing, trade secrets, personnel, independent sales representatives, retail sales, retail custom
    Litigators often reach for doctrines such as res judicata or collateral estoppel to narrow the scope of a case. Res judicata prevents re-litigation of the same claim that was litigated in a prior case. Collateral estoppel prevents re-litigation of the same issue that was decided in a prior case.

    EIGHT YEARS AGO Congress decided that the existing means for awarding damages for trademark infringement were not deterring this illegal practice and decided to supplement these measures with statutory damages-a specific range that a court could award even in the absence of proof of a plaintiff's losses or the defendant's profits.

    In the last 10 years, the 9th U.S. Circuit Court of Appeals has decided two cases involving naked licensing: Barcamerica International v. Tyfield Importers (9th Cir. 2002) 289 F.3d 589, and Freecyclesunnyvale v. The Freecycle Network (9th Cir. 2010) 626 F.3d 509.

    Eight years ago Congress decided that the existing measures of damages for trademark infringement were not deterring trademark infringement. It decided to supplement these measures with statutory damages - a specific range of damages which a court could award even in the absence of proof about plaintiff's losses or defendant's profits.

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    Karl R. Leinsing, MSME, PE
    77 Spur Rd.
    Dover NH 03820
    USA
    phone: 603-203-0365
    fax: 603-749-0079
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    Karl R. Leinsing, MSME, PE, President of ATech Designs, Inc., is a Professional Mechanical Engineer who specializes in Medical Device Product Development from concept to production.

    Mr. Leinsing has been granted over 20 patents (needle free IV valves, laparoscopic devices, needlescopic devices, suture lockers, catheters, mitral valve repair devices, knitting machines) and excels in solving the most complicated problems and design challenges. His company has a fully equipped medical lab with calibrated measurement and test equipment and all is fully documented with high quality reports with pictures and video to provide credible results and easy to understand compelling data.

    The winner of five design awards, Mr. Leinsing is recognized as one of the top 100 medical device professionals in the nation by MD&DI. For dedication to his industry, he was made the 2014 Chairman of the Medical Device and Manufacturing Conference in Anaheim, CA. Mr. Leinsing has also been acknowledged for his work in a publication by Life Magazine.

    Mr. Leinsing offers litigation support services to the legal community. He has extensive experience with Patent and Product Liability cases including report writing, depositions, and testimony.

    Areas of Expertise:
    • Intravenous (IV) Systems & Disposables
    • Hernia Repair
    • Endometrial Ablation
    • Laparoscopic Instruments
    • Injection Ports
    • Catheters
    • Heart Valve Repair / Replacement
    • Subcutaneous Ports
  • Bed Rails
  • Cervical Screws
  • Syringes
  • IV / Insulin Pumps
  • Glucose Monitors
  • Peritoneal Dialysis Pumps
  • Abdominal Aortic Aneurysm (AAA) Repair
  • Sleep Apnea Devices (CPAP)
  • View Karl Leinsing's Consulting Profile.
    6/24/2014 · Expert Witnessing
    Experienced Medical Device Experts can assist with a case in many different ways. First, they have industry knowledge of the medical device industry and can assist with prior art in patent litigation cases for example. They understand the technology and how claim terms are understood for one skilled in the art of medical device design, testing, and manufacturing. This firsthand information can then assist with proper claim construction and infringement analysis. Experience with medical devices product development can also assist in determining what is obvious in the field and what is not as it pertains to patent validation.

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    Brian E. Dykstra, President & CEO
    Jason T. Briody, Director, Main Contact
    7310 Esquire Ct.
    Suite 5B
    Elkridge MD 21075
    USA
    phone: 410-540-9000
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    Atlantic Data Forensics (ADF) is repeatedly engaged as the Computer Forensic Examiner of choice by many of our nation's most prestigious organizations. Fortune 500 companies, the United States Department of Justice, highly influential research institutions, and many of the largest law firms in the United States have chosen the practitioners at ADF to handle their most critical digital investigations. ADF practitioners have traveled internationally and throughout the U.S. to collect, capture, and analyze crucial digital evidence, but most regularly serve clients in the Baltimore, Washington DC, Northern Virginia, Philadelphia, and New York areas.

    Litigation Support: ADF's experts are experienced with federal agency and law enforcement procedures. Their professionals have a blend of military intelligence backgrounds, top-secret security clearances, and have trained thousands of agents from the FBI, Secret Service, CIA, Department of State, Department of Energy, Department of Interior, US Postal Service, US Marshals, US Air Force, and US Navy in information warfare, network security, and cybercrime response.

    Areas of Expertise:
    • Cell Phone and Smartphone Forensics
    • Employee Computer Misconduct
    • Court-Appointed Discovery, Forensic Examinations
    • Data Deletion, Wiping, and Spoliation
    • Data Recovery
    • Database Forensics
    • Defensible Data Collection
    • Email Forensics & Email Recovery
    • Employee Misconduct Investigations
  • Social Media Investigations
  • Fraud & Financial Crimes
  • Internal Corporate Investigations
  • Internet History Reconstruction
  • Cell Phone Forensic Data Recovery
  • Pornography or Workplace Harassment
  • Remote Data Collection
  • Research Misconduct Allegations
  • Secure Data Destruction
  • Brian Dykstra Computer Security Cyber Crime Expert PhotoBrian E. Dykstra, President and CEO, has over 20 years of experience in Investigations, Computer Forensics, Incident Response, Network and Wireless Security Testing, and Information Security.

    Before founding ADF, Mr. Dykstra was the CIO & Director of Professional Education and a founding member of cybersecurity consulting firm Mandiant, where he was responsible for the development and management of numerous advanced computer security and cybercrime investigation courses. While at Mandiant, Mr. Dykstra annually trained over 400 FBI Cyber Crime agents as well as many state and local investigators through a series of highly acclaimed cybercrime investigation courses. As Mandiant’s Chief Information Officer (CIO), Mr. Dykstra was also responsible for all planning, budgeting, implementation and security of the corporate information infrastructure.

    Mr. Dykstra holds Bachelor of Science (Summa Cum Laude) in Information Technology and Master of Science in Information Technology from Capella University. He has also earned and maintains several certifications to include the Certified Cyber Forensics Professional (CCFP), Certified Information Systems Security Professional (CISSP), Information Systems Security Management Professional (CISSP-ISSMP), Information Systems Security Architecture Professional (CISSP-ISSAP), and Certified Information Forensics Investigator (CIFI).

    Jason Briody Digital Forensics Analysis Expert PhotoJason T. Briody, Director at ADF, is primarily responsible for overseeing Investigations, providing Digital Forensic Analysis, delivering written and oral expert testimony, planning and executing Electronic Discovery projects, and consulting with clients on the technical details and practical implications of the digital evidence at issue in their matter.

    Having worked on matters involving homicide; intellectual property theft; patent interference; employment disputes; the Securities and Exchange Commission; industrial espionage; research misconduct; hacker / data breach and reporting scenarios; insurance fraud; antitrust allegations; search and seizure orders executed in conjunction with the U.S. Marshals Service; and more, Mr. Briody has experience in performing defensible forensic collections and analysis on a wide range of media and systems.

    Mr. Briody has performed on-site collections, data culling, and forensic analysis for clients that range from businesses on the Fortune 50, to the nation’s leading universities, to local and national businesses and law firms. Acquired and analyzed media devices include laptops and desktops, optical media, file servers, RAIDs, mail servers, tapes, cell phones, smart phones, and tablets.

    Mr. Briody is a Certified Computer Examiner (CCE) recognized by the ISFCE, an AccessData Certified Examiner (ACE) recognized by AccessData Group, a Certified BlackLight Examiner (CBE) recognized by BlackBag Technologies, and both a Certified Information Security Systems Professional (CISSP) and Certified Cyber Forensics Professional (CCFP) recognized by ISC2.

    View ADF's Consulting Profile.
    Right now, there are millions upon millions of fake online profiles on every single social media site from Twitter to LinkedIn. They're as common as grains of sand and they're actually quite dangerous. So, how can you spot these fake profiles and what the is potential danger they can pose for your company? Find out more in this week's blog. Let's take a look.

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    Michael Nranian, JD, MBA, MS
    10945 Stoney Point
    South Lyon MI 48178
    USA
    phone: 248-376-0338 or 248-446-4052
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    Michael Nranian, JD, MBA, MS has over 30 years experience focusing in Product Development, Intellectual Property, Patent Litigation, Legal and Technical Compliance, and Product Liability Litigation. He is a licensed attorney in Michigan, Texas, & the United States Patent and Trademark Office. Mr. Nranian is a Six Sigma Black Belt, Professional Engineer, & Certified Project Management Professional. He has an in-depth background and education in Law, IP, Electrical, Chemical & Computer Engineering, & Business. He has testified extensively as an expert witness in depositions, hearings, and trials in state & federal courts.

    Mr. Nranian conducts Product and Technology Analysis, Patentability & Prior Art Research,and provides Technology & Litigation Support for Intellectual Property. His litigation background includes patent infringement / non-infringement under literal infringement and the doctrine of equivalents, patent validity / invalidity, prior art, & file-wrapper estoppel, for both ITC and Federal cases, including Inter Partes reviews. He conducts analysis of patents and products, prepares claim charts, & expert witness reports. This includes testimony and document preparation for cases before state, and federal court jurisdictions, and the International Trade Commission and the Patent Trial and Appeal Board.

    Mr. Nranian is thoroughly familiar with all 101, 102, 103, 112, and other enablement and prior art arguments. His experience includes Technology Standards Boards and Licensing Authorities, Antitrust / DOJ, Technology Development and Transfer, Patents, Trademarks, Trade Secrets, and Copyrights, Licensing, Unfair Competition/Trade, False/Deceptive Advertising, & Lanham Act Actions, & Class Actions.

    His Product Liability Expert Witness litigation background includes all types of Safety Systems, Electrical Systems, Fires, Accident Reconstruction, and Evaluation of Alternative Designs for Automotive, Medical and other industries. He has over 29 years of experience in Automotive Safety Systems, Sensors, Seatbelts, Airbags / Curtains, Seats, Diagnostic Systems, Crash Recorders, Crash Pulse Analysis, System Diagnostic, Fault Codes, Structure (including roof-crush and door) and front, side & roll-over systems (including sensing and algorithm development) for domestic and international corporations. He is thoroughly familiar with all regulatory (including FMVSS), and corporate due-care requirements, & preemption arguments, occupant kinematics, & injury causation.
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    Brooks Hilliard
    11811 North Tatum Boulevard
    Phoenix AZ 85028
    USA
    phone: 602-264-9263
    Brooks Hilliard, CMC, CCP is the only actively practicing expert witness in the world who is both a Certified Management Consultant and a Certified Computing Professional specializing in computer system selection and problem resolution. He has testified more than 30 times as a computer expert witness and has been engaged on more than 90 such matters for both plaintiffs and defendants.

    Mr. Hillard has done expert witness and consulting assignments in 25 states, and has qualified as an expert witness on computer software and hardware (including ERP, SCM and CRM systems) in both state and federal litigation. His expert witness engagements have included courtroom and deposition testimony in lawsuits, arbitrations, mediations and formal governmental hearings.

    Areas of Expertise:
  • Allegations of ERP and CRM system failures and/or defective business software/systems
  • Computer Forensics
  • Intellectual property
  • Valuation of computer hardware, software and services
  • Regulatory, Procurement and Tax matters
  • 4/7/2011 · Computers
    An property and casualty insurance agency acting as a managing general agent for several insurance lines sold through sub-agents throughout the United States had agreed to license a comprehensive agency management system from a developer of such software specifically developed for managing general agencies.

    2/21/2011 · Computers
    A distributor of products used in the health care industry invented a system and filed patents describing the system and associated methods.

    2/2/2011 · Computers
    A regional wholesale distributor of construction products was sold a manufacturing ERP system that the software developer and implementer claimed was capable of meeting its distribution needs.

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    Dr. Durand R. Begault, PhD
    AFC Director
    130 Sutter Street, Floor 5
    San Francisco CA 94104
    USA
    phone: 415-397-0442
    fax: 415-397-0454
    Durand R. Begault received a PhD in Computer Audio from UC San Diego in 1988 and an MFA from Mills College in 1981. He has been associated with the Audio Forensic Center and Charles M. Salter Associates, Inc. since 1996 and has worked as an expert witness, legal consultant, and acoustical consultant on a variety of audio-related cases since 1988. Dr. Begault also holds a research position at NASA Ames Research Center and is an adjunct faculty member at McGill University. He is the author of several U.S. patents and is qualified as an expert witness in both Federal and State Courts. Dr. Begault has testified in over 40 cases on a variety of audio technology and forensic audio-related cases.

    Areas of Expertise:
    • Audio Technology Patent / Intellectual Property Analyses
    • Forensic Audio and Video Tape Examination / Authentication
    • Analysis of Speech, Alarms, Warning Signal Audibility
    • Voice Identification and Elimination
    • Analysis of ‘Ear Witness’ Testimony
    • Enhancement of Speech from Noisy Audio / Video Tape Recordings
    • Music Copyright Infringement and Musicological Analysis
    • Gunshots
    • Acoustical Test and Measurement - Environmental Sound
    • Noise Exposure
    • Software / Hardware Black Box Testing for Infringement
    • Videotape Image Enhancement
    • Analysis of Digital Recordings
    Please contact the Marketing Department at Charles M. Salter Associates, Inc./Audio Forensic Center for Dr. Begault’s current CV.

    View Consulting Profile.
    Durand R. Begault, PhD
    Written by an author with expertise in both theory and applications, 3D Sound for Virtual Reality and Multimedia provides readers an essential technical foundation in sound and virtual reality. The book covers components of spatial auditory displays; psychoacoustics of spatial hearing; what sounds are appropriate to spatialize; applications to human-machine interfaces (including virtual reality and multimedia); computer music; and room acoustics.
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    Ronald J. Lewarchik
    President & CEO
    46701 Commerce Center Drive
    Plymouth MI 48170
    USA
    phone: 810-599-7286
    Chemical-Dynamics-Logo.jpg
    Ronald Lewarchik Chemical Coatings Expert PhotoRonald J. Lewarchik has over 40 years of experience as a Paint and Coatings industry expert. His coating technologies and market segment expertise includes Automotive, Architectural, Coil, Industrial, Powder, and UV cure.

    Career Summary - With over 40 years of upper level management experience in global technology planning and project direction, including Vice President of Research and Technology, Mr. Lewarchik developed a strong, loyal team of innovative Research Chemists dedicated to producing ecologically safe coatings. While at BASF, he and his team of researchers were responsible for developing and commercializing the first IR reflective coating technology for architectural applications.

    Mr. Lewarchik holds over 50 United States and foreign patents covering innovative coatings and polymers. He has 4 more recent patent applications currently in process with the U.S. Patent Office involving new areas of coatings technology, two of which involve the synthesis of new metal based pigments for use in coatings.

    Litigation Support - Mr. Lewarchik's expert witness services have been utilized in a multitude of cases across the country. Examples of a few recent cases where Mr. Lewarchik’s expert witness reports and in court testimony was influential in winning the case for his clients include a multimillion dollar judgment against a global automotive refinish company with multibillion dollar annual sales as well as a case involving a coating failure on a multistory residential building on Chicago’s Lake Shore drive. In the later case, the judge cited the reason for his verdict for the defendant was the result of the compelling evidence and strong testimony provided by Lewarchik. Mr. Lewarchik's litigation support services include analysis of opponents' data, expert reports, depositions, and trial testimony when necessary.

    Areas of Specialization:
    • Intellectual Property
    • Patent Infringement
    • Personal Injury
    • Product Liability
    • Paint
  • Liquid and Powder Coatings
  • Paint Solvents
  • Painting Operations
  • Paint Processing
  • Coating Failures
  • View Ronald Lewarchik's Consulting Profile.
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    Howard J. Cohen, PhD
    President
    3272 Cowper Street
    Palo Alto CA 94306-3004
    USA
    phone: 650-856-8123
    fax: 650-856-4273
    Howard J. Cohen, PhD, has over 30 years of experience in Software Engineering, Architecture and Implementation. He possesses particular expertise in Algorithms, Relational Databases, Graphical User Interfaces (GUIs) and Software Applications in general. His experience has been in a broad spectrum of technology, in several languages, in a wide variety of applications, and on multiple platforms. Dr. Cohen's background includes Electronic Design Automation, Bioinformatics, Digital Cartography, Banking Systems for Foreign Exchange Traders, and many more. He is the co-inventor on approximately 120 patents.

    Dr. Cohen has over 15 years of experience as an Expert Witness. He possesses excellent written and verbal communications skills, including the ability to express himself well in interpersonal contacts, make presentations to large audiences, explain complex concepts clearly, and write well on levels ranging from the scientific to end user documentation. He is available to analyze complex systems, to write clearly about technical issues, and communicate face-to-face in a manner appropriate for any audience to understand the issues, the technology and the point of view. Dr. Cohen has been deposed and testified at arbitration hearings and in Federal Court.

    Expert Witness Projects Include:
    • Trade Secrets
    • Copyright
    • DMCA - Digital Millennium Copyright Act
    • Patent Infringement
    • Source Code Analysis
    • Business Practices
    • Damages Analysis
    • Computer Software Security / Forensics
    View Consulting Profile.
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    Weston Anson, Chairman
    Jeff Anderson, Director, Valuation & Analytics
    7342 Girard Ave.
    La Jolla CA 92037
    USA
    phone: 858-454-9091 (Main) / 408-309-6808 (Jeff Anderson)
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    CONSOR® Intellectual Asset Management has been a global industry leader in Intellectual Property valuation, expert witness services, monetization assistance, licensing strategies and more for the last 25 years. CONSOR's core areas of expertise are the valuation, management, and licensing of intangible assets. They are proud to be the only market-based consulting firm specializing in intellectual property.

    Litigation Support - CONSOR® offers a variety of services to accommodate a wide range of IP litigation needs, including Expert Witness Services, Intellectual Property Valuation and Damages Analysis, Infringement and Confusion Analysis, Customs and Practices Consulting, and Bankruptcy and Disposition Support. CONSOR's areas of expertise cover all types of IP and intangible assets that can be the subject of litigation, including:
    • Patents & Technology
    • Trademark & Corporate Brand Assets
    • Sports & Events Licensing
  • Celebrities & Publicity Rights
  • Copyrights, Media & Entertainment Assets
  • Estate & Tax-Related Issues
  • Weston Anson Intellectual Property Expert PhotoWeston Anson, Chairman of CONSOR®, is a seasoned Licensing Valuation and Marketing professional with a long history of successful programs at firms such as Booz-Allen & Hamilton, Playboy Enterprises and Hang Ten International. He holds a Masters degree in Business Administration (honors) from Harvard University and is active in all of the major international trademark and intellectual property associations as a speaker and an officer.

    As an important part of his career today, Mr. Anson is a world renowned IP Expert with testifying experience in the United Kingdom, Europe, and in state, federal, tax, bankruptcy, and probate courts in the U.S.; as well as in arbitration and mediation. In trial testimony, multiple depositions, and numerous rule 26 reports, his expertise has been established and reaffirmed. His litigation clients include roughly half of the largest 100 U.S. law firms.

    Mr. Anson's notable cases range from: the largest trademark jury award in history to adidas of $304.6 million; the successful litigation of Woody Allen vs. American Apparel: a $5 million settlement in a right of privacy and publicity case; the Upaid Systems matter: a $70 million settlement in a computer/telecom patent case; and the Chevron-Donzinger/Ecuador case: decision barred Ecuador from collecting a $9.5 billion judgment against Chevron. In addition Mr. Anson has been involved in other famous cases, such as the landmark Jesse Ventura case in which the eighth circuit court of appeals noted “Anson's qualifications are quite impressive, and certainly more so than those of some experts whose testimony this court has permitted.”

    Jeff Anderson Intellectual Property Valuation Expert PhotoJeff Anderson, Director of Valuation & Analytics at CONSOR®, performs Valuations of Intangible Assets and Intellectual Properties for corporate litigation and business / transaction purposes.

    Mr. Anderson’s project work spans the full spectrum of the intellectual property realm. Industries worked on include: software, banking, entertainment, construction, retail, energy, and manufacturing. He has managed projects involving: valuation for litigation; sale / purchase valuation and negotiation; license structuring and negotiation; estate valuation; and valuation in expropriation and foreign markets.

    Specifically, Mr. Anderson has assisted in creating and implementing financial models utilizing extensive ad hoc analysis and statistical methods in determining economic damages for trademark, copyright and patent infringements; breach of contract; tortious interference; and misappropriation of data / information. He has also assisted clients, their legal counsel, and in-house expert witnesses in deposition and trial preparation and strategy.

    View CONSOR's Consulting Profile.
    How have celebrity scents become huge licensing opportunities? Do you smell that? Fee-fi-fo-fum, I smell the growth of celebrity scents. Yes, not only is celebrity licensing in general seeing tremendous growth opportunities, but in particular, the business of licensing celebrity scents is experiencing a steady rise.

    Weston Anson
    The demand for economic damages analysis and valuation for litigation, arbitration, and mediation is ever-growing. Elements of IP and intangible assets affect disputes in nearly every area of law, from real estate to complex software transactions. Expert Witnesses, Valuation & Damages discusses how to best use experts, when to hire them, how to find good ones, and how to test whether they have adequate knowledge.
    Weston Anson
    In a time of great economic, social and political change in the world, intellectual property is more important than ever. Given the current trouble surrounding businesses and portfolios, clients are actively seeking legal guidance and advisement to make wise decisions about intellectual property. IP Valuation and Management is an easy-to-use, concisely thorough reference. This book delves into how intellectual property is defined, grouped, valued, managed and monetized.
    Weston Anson
    Law school prepares students to be lawyers, but once they reach the real world, new attorneys often find they lack needed business knowledge. Not only are they uninformed about the management of their firms, but they are also unprepared to understand the needs of business clients. The Attorney's Guide to the Business Mind tackles this issue head on.
    Weston Anson
    This handbook is intended as a useful document for intangible asset management inquiries, with a special emphasis on licensing, transaction due diligence and bankruptcy. It attempts to help improve the management of companies with underleveraged intangible asset portfolios. Relevant exhibits, case studies, common terms, and a detailed index are also included.
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    Ray Horak
    President
    1500A E. College Way, PMB 443
    Mt. Vernon WA 98273
    USA
    phone: 360-428-5747
    fax: 360-416-3378
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    Ray Horak is an Independent Consultant with a General Practice in Wireline and Wireless Telecommunications and Related Fields such as the Internet and Voice over IP. His 45 years’ experience includes management and executive positions with Southwestern Bell, CONTEL, and Executone prior to forming The Context Corporation.

    Ray has authored the best-selling Communications Systems & Networks, (John Wiley & Sons, 1997, 2000, and 2002), Telecommunications and Data Communications Handbook (Wiley-Interscience, 2008), and Webster’s New World Telecom Dictionary (Webster’s New World, 2007). He was Senior Contributing Editor for Newton’s Telecom Dictionary (12th through 21st Editions). He has written hundreds of technical white papers, case studies, articles, and columns for major print and electronic publications such as CommWeb, Computer Telephony, Network World, The Prepaid Press, and Teleconnect. He also has served as Technical Editor for several book-length works, including Deploying Secure 802.11 Wireless Networks with Microsoft Windows (Microsoft Press, 2003). He currently is the Technology Editor for Telecom Reseller Magazine.

    Ray regularly teaches public and private seminars and has spoken before tens of thousands of telecom and IT professionals in the US and abroad as a conference keynoter, seminar and tutorial leader, panel chair, and panelist at major industry conferences such as ComNet and Networld+Interop.

    He also has provided litigation support as a consulting expert and testifying expert in a number of cases involving product / service misrepresentation and intellectual property (patent; copyright, and trademark / service mark infringement). Those cases have involved a broad range of technologies, including Automatic Telephone Dialing Systems (ATDS), DSL, E911, fax, PBX, push-to-talk (PTT), Telephone Consumer Protection Act (TCPA), videoconferencing, VoIP, and voice processing.

    Ray Horak is known for his ability—both in print and in person—to translate highly complex technical subject matter into plain-English, commonsense, and thoroughly understandable terms for technical and lay audiences, alike.
    2/27/2010 · Telecommunication
    In an effort to address a growing number of telephone marketing calls and certain other telemarketing practices thought to be invasions of privacy, Congress enacted the Telephone Consumer Protection Act of 1991 (TCPA), codified at 47 U.S.C. § 227. We all know about the restrictions on unsolicited telemarketing calls..

    9/16/2008 · Communication
    Communications is a science, an art, and a field of study, depending on the context. In simplest terms, communications is the means by which people express ideas or information

    Ray Horak, Harry Newton, Mark A. Miller
    An instant classic and a best seller, with more than 65,000 in print. It served as the basis for Horak’s more contemporary works, Telecommunications and Data Communications Handbook (2008) and Webster’s New World Telecom Dictionary (2007).
    Ray Horak
    A comprehensive and authoritative telecommunications dictionary of more than 4,600 terms essential to a clear and thorough understanding of voice, data, video, and multimedia communications system and network technologies, applications, and regulations. Webster’s is an absolutely unimpeachable resource written by a recognized expert in the field. Webster’s enjoys great critical acclaim, as do all of Horak’s works.
    Ray Horak
    The one book you’ll need to understand the entire telecom landscape, from copper to fiber, wireline to wireless, LANs to MANs to WANs, TDM to IP, AAL to Zigbee and everything in between. Written in a plain-English, commonsense style by an authority on the subject, this critically acclaimed book is at just the right level for the serious professional who wants to get at the whole truth—without the math.
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    Prof. J. Gregory Sidak
    1717 K Street, NW
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    Gregory Sidak Antitrust Economics ExpertJ. Gregory Sidak is an Expert Economist in the fields of Damages, Antitrust, Patent, Telecommunications Regulation, Commercial and Investment Arbitration, and Intellectual Property Law. Prof. Sidak is Chairman of Criterion Economics, L.L.C. in Washington, D.C. The focus of his research has been regulation of network industries, antitrust policy, the Internet and electronic commerce, intellectual property, and constitutional law issues concerning economic regulation.

    Prof. Sidak formerly served as Deputy General Counsel of the Federal Communications Commission and as Senior Counsel and Economist to the Council of Economic Advisers in the Executive Office of the President. His writings have been cited by the Supreme Court of the United States, the U.S. Court of Appeals for the D.C. Circuit, and lower state supreme courts. He has also been cited by the Supreme Court of Canada, the European Commission, the Federal Trade Commission, and other regulatory agencies.

    In a typical engagement, Gregory Sidak assists senior management and outside counsel in devising and executing a litigation or regulatory strategy for addressing a consequential challenge or opportunity. Although he also serves as a court-appointed neutral expert, his typical clients are Fortune 500 companies or their overseas counterparts. Prof. Sidak's comparative advantage is applying economic analysis to novel legal questions that can materially affect the company’s enterprise value. He excels at communicating to legal decision makers the relevance of that economic analysis to answering the pertinent legal questions.

    Areas of Expertise:
    • Damages and Valuation - Trade Secrets, Trademark, Trade Dress, Copyright Infringement, False Advertising, Licensing (Know-How), Patents
    • Technology Disputes
    • Claims of Monopolization Antitrust & Unfair Competition
    • Administrative Proceedings
    • Price-Fixing & Dominance Allegations
    • Trade & Distribution Agreements
    • Competition Regulation and Enforcement in the US and EU
    View Consulting Profile.
    6/17/2015 · Telecommunication
    Regulators in many countries have asserted that setting asymmetric mobile termination rates (MTRs) between the incumbent mobile telephony operator and its smaller rivals is an efficacious means by which to help entrants attain efficient scale. We investigate empirically the efficacy of this policy experiment using data from a global sample of 34 countries from 1996 through 2014. We estimate a model that relates operators' long-run market shares to initial entry conditions and the degree of asymmetry among MTRs using an instrumental variables (IV) strategy. The estimates imply that a high degree of asymmetry among MTRs lowers an entrant's long-run market share by roughly 4 percentage points compared with a regime of symmetric MTRs, and the effect is roughly constant across market penetration levels. Furthermore, mobile operators tend to perform better when entering markets with higher levels of concentration and lower levels of market penetration. Our novel findings cast doubt on the efficacy of imposing asymmetric MTRs as a means to achieve greater equality of competitive outcomes. Our findings inform the larger body of theoretical literature on the pricing of interconnection and network access.

    5/18/2015 · Patents
    Under what conditions may the holder of standard-essential patents (SEPs) seek to enjoin an infringing implementer without breaching the SEP holder's contract with the standard-setting organization (SSO) to provide access to those SEPs on fair, reasonable, and nondiscriminatory (FRAND) terms? I show that the SEP holder's contractual obligations still permit it to seek an injunction. A FRAND commitment requires the SEP holder to offer a license for the SEPs on FRAND terms (or otherwise to grant implementers access to the SEPs). Extending an offer containing a price within the FRAND range discharges the SEP holder's contractual obligation.

    4/17/2015 · Telecommunication
    In 2005, Ofcom, then telecommunications regulator in the United Kingdom, implemented functional separation of British Telecom plc (BT), separating its wholesale and retail services. BT established a division within the company, Openreach, to provide equal access to its local access network and backhaul products. The tenth anniversary of this regulatory and corporate experiment is an appropriate moment to ask whether functionally separating Openreach from BT benefited consumers. We find that Openreach's creation generated short-run consumer benefits in the form of lower prices but also led to negative long-run effects, which outweighed the short-term price reduction.

    3/18/2015 · Insurance
    Google distributes proprietary applications for its open-source Android mobile operating system (OS) free of charge. Some of those applications (apps) are offered together as a suite of apps known as Google Mobile Services (GMS). Manufacturers of mobile devices can agree, pursuant to Google's Mobile Application Distribution Agreement (MADA), to install the suite of apps on their devices at a price of zero. Some theorize that Google's policy of offering some applications together as a suite of apps harms competitors or menaces consumer welfare.

    2/10/2015 · Patents
    Mark Lemley and Carl Shapiro propose that standard-setting organizations (SSOs) mandate that their members henceforth submit to binding, final-offer arbitration (commonly called "baseball arbitration") to set fair, reasonable, and nondiscriminatory (FRAND) royalties in licensing disputes concerning standard-essential patents (SEPs). SSOs should reject this proposal. It does not rest on sufficient facts or data, nor does it apply intellectually rigorous principles and methods of law and economics in a reliable manner. This is not to say that the voluntary use of arbitration to resolve FRAND licensing disputes is inherently problematic. However, the incremental efficiency that Lemley and Shapiro claim that their proposal would achieve over litigation or conventional commercial arbitration is illusory. For one, it is much harder to value a portfolio of SEPs over the span of five years than to value an individual baseball player for a single season.

    1/8/2015 · Patents
    What does it mean for a patent holder to commit to a standard-setting organization (SSO) to license its standard-essential patents (SEPs) on fair, reasonable, and nondiscriminatory (FRAND) terms? When is a royalty FRAND? Drawing from both legal theory and economic theory, I propose an interpretation of FRAND that distinguishes and reconciles the conflicting definitions of FRANDand provides courts a practical approach to identifying FRAND royalties

    12/4/2014 · Economics
    Complex civil litigation routinely includes expert economic testimony. However, determining which expert economist is more credible may confound a lay jury. It may even confound the judge when ruling on the admissibility of expert economic testimony during the Daubert hearing.1 One solution rarely employed is for the court to appoint its own neutral economic expert under Rule 706 of the Federal Rules of Evidence2 when a lawsuit contains a claim for damages that will require rigorous analysis of data. Based on my recent experience as Judge Richard Posner's court-appointed neutral economic expert on damages in patent infringement litigation, I explain in this article how the wider use of Rule 706 would assist the judge and jury and would facilitate the prompt settlement of intellectual property, antitrust, securities, contract, business tort, and other complex disputes.3 The benefits to courts and litigants would surely exceed the costs.

    9/23/2014 · Telecommunication
    As part of the Modification of Final Judgment (MFJ) that implemented the divestiture of the Bell operating companies (BOCs) from AT&T on January 1, 1984, the BOCs were forbidden to carry telephone calls from one local access and transport area LATA) to another. Although the Telecommunications Act of 1996 superseded the MFJ, it retained the BOCs' interLATA prohibition and established, in section 271, a process – involving each state public utilities commission, the Federal Communications Commission (FCC), and the Department of Justice (DOJ), acting on a state-by-state basis – by which the BOCs could earn regulatory approval to enter the interLATA market within the regions in which they provide local exchange service. As of September 1, 2002, the BOCs had received section 271 authorizations to provide in-region interLATA service in fifteen states.

    8/19/2014 · Antitrust
    A recent phenomenon in competition policy is the acquisition of a private firm by an enterprise that is either wholly owned by government or in the midst of privatization. Such an acquisition poses the question of how public ownership may alter the incentives of a firm to engage in anticompetitive conduct. It also prompts one to examine the process by which such altered incentives revert, as the level of government ownership declines, to the same incentives that face purely private firms. Using Deutsche Telekom's acquisition of VoiceStream Wireless as a case study, this article presents the economic questions relevant to evaluating the competitive consequences of acquisitions by partially privatized firms. It predicts gains or losses to various constituencies of producer groups.

    7/15/2014 · Antitrust
    In this review of John Lott's book, Are Predatory Commitments Credible?: Who Should the Courts Believe?, we find that Lott is more successful in pointing out the likelihood of predatory pricing by public enterprises than in proving that predatory pricing by private enterprises does not occur. In Part I of this Review, we critique Lott's theoretical and empirical attempts to show that predatory pricing by private firms is implausible.

    6/6/2014 · Economics
    Mail delivery is one of the few economic activities that has avoided the wave of deregulation and privatization that has swept network industries over the last few decades. This Article examines several questions regarding the business activities of Canada Post Corporation in a competitive environment. What should be the appropriate mandate of Canada Post? If Canada Post is a natural monopoly, what form of regulation best serves Canadian consumers? If Canada Post's delivery of letter mail is not a natural monopoly, what basis exists for retaining Canada Post's current statutory monopoly? What potential exists for Canada Post to abuse its statutory monopoly-and other statutory privileges and immunities-to compete unfairly against efficient private suppliers of postal services?

    5/1/2014 · Economics
    Few phrases in public policy have become so overused so quickly as the information highway. Although it is unclear to many what that superhighway is or will be, this uncertainty has not prevented proposals to regulate the superhighway from being made. In this Article, we examine the economic principles that should govern competition and regulatory policies concerning the development and operation of the information superhighway.

    3/28/2014 · Antitrust
    Since 1975, when the debate over monopolistic predation began to boil in courts and universities, most discussion has focused on predatory pricing. And although the allegation of predatory innovation arose in some well-known litigation involving Kodak and IBM, lawyers and economists have produced little credible work explaining how this phenomenon can occur, let alone how it should be identified and remedied if deemed to threaten consumer welfare.

    2/19/2014 · Antitrust
    Antitrust law currently lacks a unified theory of liability and damages. But the Supreme Court's recent acceptance of consumer welfare as the goal of antitrust law underscores a growing judicial inclination to construe antitrust liability rules to encourage efficient production and efficient resource allocation. As the Court reconstructs the law of antitrust liability, it should also revise the law of antitrust damages by defining the rights created by those damage measures to accomplish specific economic goals.

    1/21/2014 · Antitrust
    A routine defensive tactic of targets of hostile tender offers is to seek a preliminary injunction under section 16 of the Clayton Act on the ground that the offeror's acquisition of the target's stock would effect a merger violating section 7 of the Act. The litigation costs that an antitrust injunction imposes on an offeror seems unlikely to exceed the offeror's risk-adjusted expected benefit from the takeover. In this Article, I discuss several reasons why the possibility of delay tendes to discourage a potential offeror from ever making a tender offer.

    12/13/2013 · Antitrust
    Through its antitrust enforcement system, society allocates resources to deter anticompetitive behavior. Antitrust enforcement is costly because prosecutors and judges mischaracterize some competitive or efficiency-enhancing behavior as horizontal collusion. In this early application of the Polinsky-Shavell argument about the tradeoff between the probability and magnitude of fines, this essay argues that, given prosecutorial and judicial error, society will not optimally allocate its antitrust enforcement resources by threatening price fixers with exorbitant economic penalties that have only a minimal probability of being enforced.

    11/11/2013 · Antitrust
    Current controversies over patent policy place standard-setting organizations (SSOs) on a collision course with antitrust law. Recent theoretical research conjectures that, in an SSO, patent owners can "hold up" patent users in the sense of demanding high royalties for a patented input after the SSO has adopted the patented technology as an industry standard and manufacturers within the SSO have incurred sunk costs to design end products that incorporate that standard.

    9/23/2013 · Antitrust
    We examine the consumer-welfare implications of Google's project to scan a large proportion of the world's books into digital form and to make these works accessible to consumers through Google Book Search (GBS). In response to a class action alleging copyright infringement, Google has agreed to a settlement with the plaintiffs, which include the Authors Guild and the Association of American Publishers.

    8/19/2013 · Antitrust
    We favor revision of the Horizontal Merger Guidelines.1 Our preliminary comments in this essay are based on a work in progress that we provisionally entitle, "Favoring Dynamic Competition over Static Competition."

    7/31/2013 · Antitrust
    Competition authorities in foreign jurisdictions have recently adopted or are considering guidelines on applying competition law to intellectual property rights (IPR). A common concern that certain exercises of IPR can restrict competition underlies IPR provisions that would enable competition authorities to compel holders of IPR to license their IP at regulated royalties.

    7/16/2013 · Antitrust
    The OECD's proposed regime of asymmetric ex ante regulation for Mexico's telecommunications marketplace would reduce competition, contrary to the OECD's aims. The OECD's proposals would harm Mexican consumers and force an increase in prices paid for telecommunications services. They would create a government-sanctioned price cartel among the telecommunications providers.

    6/24/2013 · Antitrust
    A recent phenomenon in competition policy is the acquisition of a private firm by an enterprise that is either wholly owned by government or in the midst of privatization.

    6/5/2013 · Antitrust
    agencies in the United States and the European Union began investigating Google's search practices in 2010. Google's critics have consisted mainly of its competitors, particularly Microsoft, Yelp, TripAdvisor, and other search engines.

    5/6/2013 · Antitrust
    The landmark Microsoft case raises challenging questions concerning antitrust remedies. In this Article, we propose a framework for assessing the costs and benefits of different remedies, particularly divestiture, in monopolization cases involving network industries.

    4/2/2013 · Antitrust
    What is the proper legal standard for product integration involving software? Because software is subject to low marginal costs, network effects, and rapid technological innovation, the Supreme Court's existing antitrust rules on tying arrangements, which evolved from industries not possessing such characteristics, are inappropriate.

    2/28/2013 · Antitrust
    A “price squeeze,” or “margin squeeze,” is a theory of antitrust liability under section 2 of the Sherman Act that concerns a vertically integrated monopolist that sells its upstream bottleneck input to firms that compete with the monopolist’s production of a downstream product sold to end users.

    The Telecommunications Act of 1996 sets forth extensive provisions to unbundle the local telecommunications network to encourage the development of a competitive market for local telephone.

    10/22/2012 · Antitrust
    The September 2009 announcement that the Federal Trade Commission and the Antitrust Division of the U.S. Department of Justice have initiated a review of the Horizontal Merger Guidelines provides a formal process for redefining the proper role of dynamic competition in antitrust law.

    J. Gregory Sidak, Dan Maldoom, Richard A.D. Marsden, Hal J. Singer
    The Brussels Round Table, a forum of leading EU telecommunications operators and equipment manufacturers, commissioned these articles. They examine the deployment of broadband in European countries and make policy recommendations related to telecommunications regulation. Specific topics include pricing flexibility, competition, growth potential, likely future dynamics, competition, investment opportunities, eliminating excess regulation, facilitating longer-term points of view, and suggestions for transparent and competition-neutral subsidies.
    J. Gregory Sidak
    This book addresses deregulatory policies that threaten to reduce or destroy the value of private property in network industries without any accompanying payment of just compensation, policies that are termed "deregulatory takings." The authors further consider the problem of renegotiation of the regulatory contract, which changes the terms and conditions of operation of utility companies.
    J. Gregory Sidak
    Restrictions on foreign investment in U.S. telecommunications firms have harmed the interests of American consumers and investors, argues J. Gregory Sidak in this convincing study. Sidak shows why these restrictions, originally intended to protect America from the perils of wireless telegraphy by foreign agents, should be repealed...
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    Carlo Scevola & Partners is an International Fiduciary Company headquartered in Geneva, Switzerland, with branches in six continents. We specialize in International Planning, Strategic Consulting and Wealth Management.

    Our clients trust us for everything from setting up an Offshore Company to Mergers and Acquisitions to Business Finance and Asset Protection. CS&P’s customer-centric methodology ensures that each client gets a custom-tailored solution which addresses that business’ individual objectives and requirements.

    Our team has expertise in every functional category and every important geography. From finance to operations to human resources to marketing – from the Americas to Europe to Africa, Asia and Oceania – CS&P can bring together experienced executives who know how to advise you and will make your enterprise a success. All this while always protecting your privacy.

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