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Telecommunication / Communication Technology Expert Witnesses

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Jacob Sharony, PhD, MBA
Principal Scientist
info@wirelessexpertconsulting.com
Deer Park NY 11729
USA
phone: 888-829-2457
Jacob-Sharony-Mobile-Wireless-Technology-Expert-Photo.jpg
Jacob Sharony, PhD, MBA, has over 25 years of experience in Mobile and Wireless Technologies. He is currently an adjunct professor at Columbia University, teaching wireless technologies and applications. He also served as a faculty member of the electrical and computer engineering department and director of the Center of Excellence in Wireless and Information Technology at Stony Brook University.

Dr. Sharony held engineering and management positions in diverse technology disciplines at Time Warner Cable, Motorola, BAE Systems, NEC Research Institute, and IBM Research. He has over 50 US patents (pending and issued) and has served on several government expert panels.

Litigation Support - Dr. Sharony provides Patent and Class Action litigation support and expert consulting in mobile and wireless technologies. This includes patent infringement and invalidity analysis, FRAND analysis, writing expert reports, and deposition, and testimony in court. His deep knowledge of target markets, including telecom, healthcare, logistics, transportation, government, hospitality, mobile commerce and supply chain management, combined with extensive expertise in wireless and mobile technologies ensure innovative and successful solutions.

Areas of Expertise:
  • WiFi
  • 4G LTE and WiMAX
  • 5G Access / Backhaul
  • Millimeter Waves (mmWave) 60 GHz
  • Bluetooth / BLE
  • ZigBee
  • MIMO
  • VoIP
  • RTLS
  • RFID
  • IoT
  • M2M
  • Wireless Sensing Technologies
  • Antenna Issues
  • Small Cell Issues
  • Security Issues
  • View Dr. Sharony's Consulting Profile.
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    Avinash Vashistha
    Chairman / CEO
    2/10, II Floor
    RMV Extension, II Stage , 80 Feet Road
    Bangalore 560094
    IND
    phone: 91-80-23519760
    fax: 91-80-23519762
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    Avinash Vashistha has dedicated his career to the unique requirements of the Global Outsourcing Market. His background and understanding of the practices surrounding Offshore Markets provides clients with a custom offshoring strategy, supplier / build mapping, favorable pricing, reduced risk, successful transition and sustainable performance contracts that address issues unique to offshore delivery.

    Mr. Vashistha has evaluated and conducted due diligence on over 200 supplier firms, including companies in India, Russia, China, Philippines, Malaysia, C&E Europe, US, Canada, UK, Ireland and Vietnam. He has directed sourcing assessments, IT and BPO / KPO sourcing transactions and executed program governance models realizing $6 Billion in savings for clients. Avinash also developed significant expertise in the areas of R&D, Technology, Human Resources, Finance and Accounting, Analytics, Investment Research, claims processing and other domain specific voice and back office business processes. Mr. Vashistha has been a strong proponent of well-qualified, but lesser known tier-two suppliers in the competitive sourcing process.

    Thought Leader: His opinions are sought and recognized by worldwide organizations and conference organizers such as IDC, NASSCOM, CITEM, C-Level, Private Equity Conference, the Indo-American Chamber of Commerce, CII, SBPOA and IAOP. Leading media conglomerates such as the Wall Street Journal, Financial Times, Time, The Straits Times, The Business Times, USA TODAY, CNN, CNBC, Forbes, Business Week, Bangkok Post, NDTV, Times Group, Business Standard and Cyber Media have featured Avinash extensively. He has been recognized by HRO Today as ‘HRO Superstar’ for 2006 and 2007 in the category of thought leaders and advisors on outsourcing. He has also been recognized as ‘FAO Superstar’ for 2007.
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    J. Armand Musey
    President
    535 Fifth Avenue, 4th floor
    New York NY 10017
    USA
    phone: 646-843-9850
    J-Armand-Musey-telecommunication-Valuation-Expert-photo.jpg
    J. Armand Musey, CFA, JD/MBA, founder and president of Summit Ridge Group, LLC, provides expert witness testimony for the Satellite, Media and Telecommunications Industries. Mr. Musey is a highly regarded financial analyst with expertise in Asset Valuation, Business Valuation, Financial Analysis of Economic Damages and Financial Scenario Analysis. He also has significant experience in corporate governance and investment research practices. He offers litigation support for clients with complex financial analysis or valuation projects. His background includes Wall Street research methods and practices on behalf of defendants in insider trading cases.

    Mr. Musey's industry knowledge, financial expertise and extensive writing experience allow him to expediently craft well-argued independent written direct testimony documents that withstand scrutiny in depositions and during courtroom cross-examination. Prior expert witness experience and years of communicating with investors of all types have honed his skills at orally communicating his industry knowledge and financial expertise. Moreover, Mr. Musey's legal background facilitates his ability to communicate with legal professionals, understand the legal relevance of case facts and efficiently read legal documents.

    Areas of Expertise Include:
    • Industry and Business
      • Broadband Communications
      • Broadcasting
      • FCC Spectrum Licenses (including orbital slot valuation and wireless spectrum valuation)
      • Wireless Communications
      • Satellite Communications Industry and Related Media and Telecommunications Topics
    • Financial and Economic
      • Asset Valuation
      • Business Valuation
      • Financial Analysis of Economic Damages
      • Financial Scenario Analysis
    • Other
      • Corporate Governance
      • Investment Research Practices - including accepted used of information sources and relationships with company management
    View Consulting Profile.
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    David Shaw
    9 Wimpole Street
    London W1G 9SG
    GBR
    phone: 44-207-193-8355
    David Shaw is an independent Technical and ICT Expert and Consultant involved in a wide range of high profile System, Integrations, remedial work on Failed Systems and Programs, Litigation, Expert Witness, Mergers and Acquisitions, Financial and Ultra-High Speed Trading Systems, Cyberwarfare and Defence work.

    Services Offered:
  • Governance
  • Strategy
  • Programme Definition
  • Capability
  • Enterprise Architecture
  • Process Engineering
  • Portfolio Management
  • Programme Management Office Implementation
  • Individual Assignments
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    Ray W. Nettleton
    Telecommunications Expert / Consultant
    23301 Ridge Route, SPC 112
    Laguna Hills CA 92653
    USA
    phone: 949-916-2960 Cell: 303-809-4223
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    Dr. Ray Nettleton is globally known for his expertise in Telecommunications, Satellite, Cellular, and Wireless Networks. Dr. Nettleton's career has included roles as an entrepreneur, corporate officer, international businessperson, engineer, educator, author, lecturer, and researcher. He is a life member of the IEEE.

    Litigation Support - Dr. Nettleton has served as consultant and expert witness in over 60 high profile regulatory, patent infringement, breach of contract, theft of IP, and other cases. He has provided expert witness testimony to Government hearings in Colombia, Brazil, New Zealand, Poland, UK, Ireland, South Africa, Philippines, and the FCC.

    Client attorneys include Wilmer Hale, Keker Van Nest, Latham Watkins, McKool Smith, Orrick, Hogan & Hartson, Freeborn & Peters, Patton Boggs, Kenyon & Kenyon, Finnegan Henderson, Alston Bird, Workman Nydegger, Ropes & Gray, Baker Botts, and Wilson Sonsini.

    Areas of Expertise:
    • Telecommunications
    • Wireless
    • Radio
    • Networks
    • Wireless Networks
    • Cellular Network
  • Wireless Standards
  • Satellite
  • Wireless LANs
  • Wi-Fi
  • WiLan
  • 3G, 4G
  • View Dr. Nettleton's Consulting Profile.
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    Ioannis Kanellakopoulos
    135 Cypress Point Rd
    Half Moon Bay CA 94019-8004
    United States
    phone: 4088501242
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    Dr. Kanellakopoulos is a technology leader with 25+ years of experience in R&D and engineering management in both academia and industry.

    He has designed and built telecom products such as DSL and Carrier Ethernet hardware and software, as well as a prototype fully automated electric vehicle. He has conducted applied research in adaptive control of nonlinear systems, with applications to automotive driver assistance systems (adaptive cruise control, blind spot monitoring, vehicle collision avoidance) and active suspensions. He has significant experience with international telecommunication standards (ITU-T SG15/Q4), and has directed collaborative projects with several automotive/truck manufacturers and vendors (Ford, Mercedes-Benz, DaimlerChrysler, Freightliner, Gentex, Visteon).

    His deep technical expertise in the areas of telecommunications and automotive driver assistance systems has allowed him to analyze patents and products in detail, and explain clearly (in expert reports, depositions, and court testimony) the main issues that the judge and jury need to comprehend in order to understand the essence of the case. His extensive educational experience allows him to help judges and jurors understand the topic they are dealing with, instead of confusing them with unnecessary technical details.

    After all, it takes excellent teaching skills and a deep understanding of a complex technical concept to convey the essence of that concept to non-experts without talking down to them.
    Ioannis Kanellakopoulos, PhD, et al
    Using a pedagogical style along with detailed proofs and illustrative examples, this book opens a view to the largely unexplored area of nonlinear systems with uncertainties. The focus is on adaptive nonlinear control results introduced with the new recursive design methodology--adaptive backstepping. Describes basic tools for nonadaptive backstepping design with state and output feedbacks.
    Ioannis Kanellakopoulos, PhD
    Abstract: A systematic procedure for the design of adaptive regulation and tracking schemes for a class of feedback linearizable nonlinear systems is developed. The coordinate-free geometric conditions, which characterize this class of systems, do not constrain the growth of the nonlinearities. Instead, they require that the nonlinear system be transformable into the so-called parametric-pure feedback form...
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    Hoyt Layson
    6202 Miramonte Dr.
    Unit 104
    Orlando FL 32835
    USA
    phone: 727-424-6180
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    Hoyt Layson is an award- winning global CIO, CTO, inventor, and innovator developing products and services by fusing enabling technology and conducting R&D and product development.

    Mr. Layson has worked in high level positions for leading corporations including Xerox, Honeywell, Verizon, 3M, and General Dynamics. He has also worked with leading agencies including NASA, the US Department of Defense, and other classified agencies. Mr. Layson has 6 issued Patents, 1 issued Trademark, and 8 Patents Pending in GPS, wireless, Video, GIS, Wireless, Wearables, Digital Signage and Internet technologies. He has licensed 5 Issued Patents and 4 Patents Pending to 3M and General Dynamics.

    Litigation Support - Mr. Layson is experienced in civil, criminal, and patent cases. He can provide Expert Witness testimony in many areas including LBS (Location Based Services), GPS Technology, Vehicle Fleet Telematics, Offender Monitoring, Asset Tracking, and much more. His work experience and titles give him a unique perspective into Internet Technology and Intellectual Property litigation. Mr. Layson's services are available to counsel for plaintiff and defendant.

    Areas of Expertise:
    • GPS Technology
    • Vehicle Black Box
    • Vehicle Fleet Telematics
    • Wearables
    • Virtual Reality
    • Smart Phone Applications
    • Infotainment
    • Asset Tracking
    • Embedded Software (Firmware)
    • Patents
    • Offender Monitoring (GPS Tracking of Released Criminal Offenders)
    • LBS (Location Based Services)
    • M2M (Machine to Machine)
    • IoT (Internet of Things)
    • Wireless (Cellular, Bluetooth, WiFi, NFC, RFID)
    • Video - Dash Cam, Body Cam, Driver Cam, Payload Cam, Mobile Video, Surveillance Video
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    Monty G. Myers, PE
    3305 Northland Drive
    Suite 305
    Austin TX 78731
    USA
    phone: 512-459-9292
    Eureka-Software-logo.jpg
    Monty Myers Computer Software Expert PhotoMonty G. Myers, PE, is an active Software Industry Executive with 30+ years of experience, including the founding of Eureka Software Solutions, Inc. (“Eureka”) and acting as CEO of Eureka for 28 years.

    Mr. Myers has provided services to a balanced mix of plaintiffs and defendants in over 40 litigation matters ranging from billion dollar, landscape-changing lawsuits between worldwide industry leaders to smaller-scale litigation between individuals or local businesses. Mr. Myers' clients have included Global 1000 and Fortune 500 companies in industries such as Enterprise, Finance, Military and Defense, Transportation, Oil and Gas, Security, Healthcare, and Automotive.

    Litigation Support - Monty Myers is a Computer and Software Expert Witness, experienced and proven at offering expert testimony under-oath at trial, hearings, and depositions. For the last 5+ years, he has provided expert witness services for engagements including Software Patent or Software Trade Secret litigation matters.

    Mr. Myers is available as a consulting and/or testifying expert witness to assist with understanding the technology and technical issues in the case and providing review, analysis, and testimony (report, deposition, or courtroom) regarding the technology, software, or patents involved in the case. He has worked extensively with counsel in the taking and defending of depositions, reviewing and challenging the testimony of others, and assisting with and implementing an overall trial strategy.

    Areas of Expertise:
    • Source Code Review
    • Source Code Comparison
    • Source Code Reconstruction
    • Source Code Misappropriation / Theft
    • Source Code Copyright / Patents
    • Software Patents
    • Trade Marks
    • Trade Secrets
  • Antitrust
  • NDAs
  • Open Source Licensing
  • Computer Forensics
  • Mobile / Wireless Technology
  • Cloud and Web Business
  • Hardware / Infrastructure
  • Contract Performance / Project Management
  • Capabilities:
    • Adept at taking highly technical material and effectively communicating it to counsel, the judge or a jury in terms they can understand via testimony or reports/declarations
    • Skilled at reviewing and comparing software source code and functionality in the litigation context in relation to protected intellectual property including, trade secrets, copyrights, and patents and/or license or other contractual commitments and requirements
    • Able to reverse engineer and reconstruct hardware and software environments from backups, remnants, and fragments of deprecated software along with re-creating historical hardware and software environments
    • Highly familiar with functional and performance testing of software against applicable specifications, warranties, or industry standards using proprietary and commercial testing tools and techniques
    View Monty Myers' Consulting Profile.

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    Anthony Wechselberger
    President
    Escondido CA 92029
    USA
    phone: 760-740-9719
    fax: 760-740-9719
    Broadband & Multimedia Consulting & Expert Witness Services
    Specialized in cable, satellite, broadcast & Internet communications systems, and associated content distribution technologies. Thirty years experience in communications systems, including twenty years in leadership & executive positions (engineering, operations, sales & marketing). Substantial experience in Intellectual Property Litigation and Patent Infringement.

    Technology
  • Systems, Architectural & Design Engineering
  • Digital Rights Management, Conditional Access & Copy Protection Systems
  • Consumer Appliances (set top boxes, DVR/PVR)
  • Pay TV, Video on Demand, Interactive TV, Internet TV
  • Digital Television & Compression Systems
  • Technical & Business Management
  • Business & Product Development Practices
  • Technical, Strategic, & Product Marketing
  • Account & Contracts Management
  • Manufacturing, OEM & 3rd Party Relationships
  • Sales, Support, Installation & Field Engineering
  • Engineering & Product/Project Management
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    David H. Williams
    PO Box 220442
    Saint Louis MO 63122
    USA
    phone: 203-423-9015
    E911-LBS-Consulting-Logo.jpg
    David Williams Telecommunications Expert PhotoDavid H. Williams is an internationally-known expert in the Wireless / Mobile Location field and President and Founder of E911-LBS Consulting.

    Litigation Support - Mr. Williams provides the highest quality and most impactful expert witness services related to wireless location, across the full range of IP / Patent, criminal, and civil case dimensions from the most technical to those regarding business methods. His services include forensic analysis, reports, and testimony on the validity and accuracy of various types of cell phone location surveillance devices and associated tracking using GPS, Call Detail Records(CDRs), Cellebrite data extraction, and other location data sources. Mr. Williams has successfully provided expert witness services in over 35 patent, civil, criminal, anti-trust, and ITC cases, including several successful Inter Parte Reexaminations (IPRs) and numerous civil, criminal, and law enforcement administrative proceedings. His credentials in wireless location prior art go as far back as the early 1980s. He has been deposed 4 times and testified in arbitration proceedings.

    The basis of Mr. Williams' expertise is his 30+ years in mobile/wireless communications and information technology solutions design, selection, implementation and ongoing management, Mr. Williams has extensive experience in the activities and issues needed to get mobile location applications to market, including planning and design at the application, system, interface / integration, network, IT, operational and customer facing levels.

    Mr. Williams has extensive expertise in all aspects of LBS delivery across the mobile location ecosystem including enabling network communications, location technologies / sensors, map data, geospatial platform / Geographical Information Systems, GPS and other location chipsets, location data management, and device, infrastructure, and integration providers.

    David Williams has developed and implemented industry-leading product and technology strategies and solutions for numerous LBS applications and markets and provides consulting and research services to some of the leading carriers and enterprises in the U.S., Asia, and Europe. His client list includes Apple, AT&T, GE, General Motors, Google, Houston Police Department, Los Angeles District Attorney's Office, Samsung, Sprint, Toyota, Verizon Wireless, and numerous medium, small, and startup companies, plus numerous law firms of all sizes.

    Areas of Expertise:
    • Mobile Location-Based Services
    • Wireless 911 (E911); NG911
    • GPS Systems; Network-Based Location Determination Systems
    • Indoor Location Systems, incl. Real Time Location Systems (RTLS); RFID and other RF-based Location systems; WiFi-enabled positioning systems (WPS); Beacon-based systems; Hybrids/Combinations
    • Wireless Network Location Design
    • Location Data Privacy Protection and Data Security Design
  • People, Wearables Tracking / Monitoring
  • Asset Tracking / Location Management
  • Telematics / Driverless Car Ecosystem
  • Navigation Systems; PNDs
  • Map Data, Digital Mapping and GIS
  • Vehicle-to-Vehicle; Fleet Management
  • Mobile Social / Business Networking
  • GPS Forensics; Mobile / IT Integration
  • Location-centric Process Design
  • Mobile Product Design / Implementation
  • M2M, Smart Grid / Energy Systems
  • LBS Big Data and Cloud Computing
  • View David Williams' Consulting Profile.
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    Dr. David Lucantoni
    Principal Consultant
    10 Oak Tree Lane
    Ocean NJ 07712-3487
    USA
    phone: 908-433-1190
    fax: 732-493-4465
  • Dr. David Lucantoni is an internationally renowned Telecommunications Expert with over 30 years experience.

  • Expertise: Voice over IP (VoIP), Networking, Switching, Performance, ATM, IP, Wireless, Satellite, Telecommunications, Reliability, Statistics, Telecom Traffic Control.

  • Consulting clients include: AT&T Laboratories, Motorola, Lockheed-Martin, Intel, Telcordia, Allied Riser Communications, A.T. Kearney, AirNet Communications, Chiaro Networks.

  • Honors and Awards are listed on his CV.

  • Previous experience in Telecom litigation.

  • 5/23/2012 · Telecommunication
    The versatile Markovian point process was introduced by M. F. Neuts in 1979. This is a rich class of point processes which contains many familiar arrival process as very special cases. Recently, the Batch Markovian Arrival Process, a class of point processes which was subsequently shown tobe equivalent to Neuts' point process, has been studied using a more transparent notation.

    10/10/2011 · Telecommunication
    We study the performance of a statistical multiplexer whose inputs consist of a superposition of packetized voice sources and data. The performance analysis predicts voice packet delay distributions, which usually have a stringent requirement, as well as data packet delay distributions.

    6/10/2011 · Telecommunication
    Recent studies have shown that the superposition of packet sequences generated by packetized voice sources with speech detection exhibit high burstiness due to inherent correlations between successive interarrival times in the superposition stream.

    4/26/2011 · Telecommunication
    We present an overview of recent results related to the single server queue with general independent and identically distributed service times and a batch Markovian arrival process (BMAP).

    3/10/2011 · Telecommunication
    We develop an algorithm for numerically inverting multi-dimensional transforms.

    11/13/2010 · Telecommunication
    Much energy is being devoted to studying the promising new asynchronous transfer mode (ATM) technology for supporting multiservice high-speed communication networks-e.g., see Roberts [39]. As indicated in [39], interest in ATM is stimulated by two factors: First, by new technology making it possible to transmit and switch at very high bandwidths; and, second, by the growing demand for more sophisticated and powerful communication services.

    11/13/2010 · Telecommunication
    Two of the many many applications of queueing models in communications networks are sizing links in transport networks and buffers in routers. A fundamental part of a queueing model is the arrival process. A Markov-modulated Poisson process (MMPP) is an attractive model for describing backbone packet traffic.

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    Prof. J. Gregory Sidak
    1717 K Street, NW
    Suite 900
    Washington DC 20006
    USA
    phone: 202-518-5121
    gregory-sidak-logo.jpg
    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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    Telecomunications Consultant
    Puerto Rico, UK, Canada
    ALL STATES USA
    phone: 719-434-0700 or 530-710-8185
    fax: 530-226-5194
    David-Cotton-Telecommunications-Expert-Photo.jpg
    David C. Cotton, Jr, PE, PEng, CEng, MIET is an Engineer focused on Telecommunications, especially Wireless. He has many years of experience in the military and commercial wireless sectors.

    Mr. Cotton is a licensed engineer in many jurisdictions in all 50 states plus DC and Puerto Rico. He is also a Professional Engineer in Canada (Saskatchewan, Ontario Chartered Engineer) and in the United Kingdom (Institute of Engineering and Technology/Engineering Council). He is chartered through and a member of the Institute of Electrical and Electronics Engineers (IEEE).

    Mr. Cotton has experience with:
    • System Design and Optimization
    • Site Compliance with FCC OET-65 and other Safety Standards - both with infrastructure and RF safety
    • Setting up roaming and financial clearinghouse arrangement for small carriers
    • Wireless Standards - served on 3GPP and IEEE C95 standards committees
    Litigation Support - Mr. Cotton has served as an expert witness, primarily at zoning hearings, focused on base station / tower siting. He has also served as an expert for a litigation involving wireless roaming and potential revenues. His expertise is available to counsel representing both plaintiff and defendant, insurance companies, and government agencies. Mr. Cotton's services include site inspection, written reports, deposition, and trial testimony as needed.

    Areas of Expertise:
    • Telecommunications, Cellular Carrier Compliance
    • Towers / Site Modification - Radio Frequency Omissions
    • Electromagnetic Safety
    • Engineering Design
    • Wireless Communications
    • Radio Frequency Engineering
    • Systems Engineering
    • Roaming
    • Site Safety
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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
    ray_horak_photo.jpg
    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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    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.
    8/30/2017 · Audio Forensics
    Recordings involving cellular telephones or personal digital assistants (“PDAs”) are increasingly the source evidence in audio forensic examinations, compared to recordings originating with other devices such as hand-held digital recorders. On modern PDA cellular telephones recordings can be made either directly to the telephone or transmitted as voice mail messages. The current investigation focuses on differences in the two types of recordings in terms of dynamic range and linearity of levels. Such information can be important for characterizing the distance of sound sources relative to the microphone and are important for understanding transformation of recorded speech and non-speech sounds.

    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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