Alpine Engineering & Design, Inc. has 6 consulting mechanical engineers. We have a total of nearly 100 years of experience designing mechanical equipment. We have been retained on over 600 lawsuits, both intellectual property along with product liability. Our engineers have over 80 U.S. patents on products we have designed.
We have testified regarding patent IPRs, patent infringement/non-infringement, and patent validity/invalidity, product liability, mechanical design, human factors, industrial safety, accident reconstruction, failure analysis, DOT compliance, compliance with OSHA and other standards (i.e. ANSI, ISO ASTM, etc), hydraulic systems. With all of our experience, you will find us a joy to work with.
Our services include a testing and prototype lab, model shop, computer graphics and animations, the ability to create full-size prototypes. There is nothing better than a good model or animation to get our points across. Often we come up with arguments that were not previously considered. We give honest, understandable opinions with the underpinning required to help attorneys, judges, and jurors make good decisions.
Expert Witness Services
Professional Expert Reports
Compliance with Standards
Patent & Patent Related Issues
Provisional Patent Complete with Illustrations
Patent Infringement Review
Powerful Design Tools
Full Service Fabricating Materials
Finite Element Analysis (FEA)
Hydraulics, Pneumatics, Electrical
Structural Integrity Tests
Fred P. Smith, PE, CSP,
I have been retained over 500 times as an expert in intellectual property, and product liability cases where I have testified regarding claim construction, infringement, invalidity, breach of warranty, negligent misrepresentation. Testified in court over 40 times in multiple state courts, Federal Court, before the Patent Trial and Appeal Board (PTAB), the Federal Trade Commission (FTC), and the International Trade Commission (ITC). I have over 70 patents on such products with a number of patent applications still pending. Received the Utah Genius Award for being one of Utah’s top inventors.
Directed the development and improvement of a wide variety of products including trucking equipment, refuse equipment, hydraulically operated mobile equipment, cranes, manlifts, specialty axles and suspensions, zip lines, amusement rides, exercise equipment, radiofrequency and magnetically shielded enclosures, rotomolded containers, aerial lifts and a variety of consumer products.
Keith Mallinson has more than 25 years of experience in the Telecommunications Industry: as a research analyst, consultant, and testifying expert witness. Complementing his industry focus, he has a broad skill set including technologies, market analysis, regulation, economics, and finance.
Background Information - Prior to founding WiseHarbor in 2006, Mallinson led Yankee Group's global Wireless/Mobile research and consulting team as Executive Vice President, based in Boston, from 2000. Until then, he had overall responsibility for the firm's European division, as Managing Director from 1995. Prior to that he was the European Research Director. Keith Mallinson started his career in military communications design, project management and commercial systems engineering at the UK Ministry of Defence. He also worked as an engineer at an electronic security systems company. For several years he was a director at a seed capital investment firm specializing in ICT and biotechnology. He has an undergraduate electronic engineering degree from London University's Imperial College and an MBA from the London Business School, including an academic exchange with Northwestern University's Kellogg Graduate School of Management in Illinois. Mr. Mallinson has published numerous articles and speaks publicly at major industry events on a wide variety of topics including next-generation mobile network technologies, broadband wireless, fixed-mobile convergence and substitution, handset semiconductor technologies, intellectual property patents and licensing, emerging markets in developing nations, mobile search, and advertising.
Litigation Support - Having published research on a wide variety of commercial, technical, and regulatory matters, Keith Mallinson applies his skills in market and competitive analysis, advocacy, and expert testimony. He couples sector knowledge with financial and economic analysis to derive valuations or estimate litigation damages. His skills span Telecommunication Industry Analysis and Patent Licensing. Mr. Mallinson's services are available to attorneys representing both plaintiff and defendant.
Technological improvements in cars over the decades have generally reduced costs or increased performance and safety. “Analog” technologies including collapsible steering columns, crumple zones and seatbelts have saved car occupants from death or serious injury. Many digital technologies have also improved our in-car experience with entertainment, mobile communications
Patent pooling is increasingly attractive for licensing cellular technologies with emerging IoT including 5G because it can provide greater transparency, predictability, and various efficiencies such as lower transaction costs at scale in standard-essential patent (SEP) licensing with multiple dimensions and complexities including
While litigation is bogging down the licensing of cellular standard essential patents (SEPs) in vehicles with disputes about where in the production supply chain licensing may or must occur, this is also delaying payment of Fair, Reasonable and Non-Discriminatory (FRAND) royalty charges in these cases and causing confusion about licensing value.
While there is much uncertainty about the outlook for standard-essential patent royalty rates in court determinations, there are plenty of solid benchmarks in well-established comparable licenses (“comps”). The former rates are thin on the ground and have been made up based on some dubious and fiercely...
A European Commission DG Growth initiative described in its Roadmap on Standard Essential Patents for a European digitalised economy aims to increase information on SEPs so implementers can get a better idea about which of these they might be infringing. Additional disclosures on how patent claims might read on the standards could be beneficial. Requirements should reflect the dynamics and uncertainties in standards development and patent prosecution and must not be onerous to patent owners. These are issues for standards development organisations to consider.
The notion of "peak smartphone" is widely discussed of late, including by the Economist. Revenues are flattening with longer replacement cycles, saturating markets, resistance to Apple's price increases, decreasing prices among Android's fiercely competitive OEMs and allegedly diminishing technical improvements in successive new device models. 5G holds massive growth potential, but much of that is in industrial and IoT markets that will take at least several years to establish themselves and grow to levels that will have substantial impact on overall device and service revenues.
US, China, Japan and Korea are seizing global leadership in 5G with support of coherent and helpful industrial policies in those nations across the entire mobile ecosystem including technology development, spectrum licensing, site acquisition and operator consolidation. All these nations will launch 3GPP standard-compliant 5G services in 1Q 2019, except for the US, that might start sooner, and Japan, where the first launches are expected before yearend 2019. The first 5G smartphones will probably be sold to consumers to be sold to consumers in 2Q 2019.
Recent new technology deployments with gigabit LTE at Telstra in Australia, Sprint in the U.S. and EE in the UK highlight how much mobile communications technologies have improved since the introduction of mobile data services with circuit-switched and then packet-switched offerings from around 20 years ago. Peak and average user speeds have increased by a factor of 10,000. By way of comparison, microprocessor performance doubling every couple of years, as predicted by Moore's Law, has increased it only one thousand-fold over that period. Cellular performance improvements are therefore quite spectacular given the vagaries of connecting through the ether up to hundreds of meters, as well as processing those signals in the confines of around one square centimeter of baseband processor silicon!
In March 2015, IEEE significantly amended its patent policy in what was couched as an "update" but that seeks to significantly revise commitments from parties holding patent claims essential to IEEE standards to license those rights on reasonable and non-discriminatory (RAND) terms. Changes disallow patent holders from receiving any value attributable to the standards, require licensing at the smallest saleable patent practicing unit level, and deny these rights holders entitlement to seek an injunction against an unlicensed implementer until appellate review is exhausted. IEEE’s stated objective was to protect implementers from patent holdup, which was alleged without any substantiation. IEEE is promoting, by reducing technology licensing costs, the short-term interests of certain implementers while undermining standard-essential patent values and the ability of SEP owners to receive adequate compensation, they are entitled to, from licensing their SEPs.
At last, American authorities are also beginning to do the right thing for owners of standard-essential patents. Under the previous administration of President Barack Obama, America's agencies did the wrong thing by seriously undermining standard-essential patents in various ways. For example, this existentially threatened the independence of Qualcomm, which relies substantially on its patent-licensing business to fund long-term R&D including that in upcoming 5G mobile communications. Thankfully, President Donald Trump's administration has recognised the important need to support, not undermine, the nation's technology innovators, and uphold their patent rights, as enshrined in the US Constitution.
In a major ruling that underscores judicial independence, federal judge Richard J. Leon has just unconditionally approved the merger between AT&T and Time Warner, rebuffing the US government's effort to stop the $85.4 billion deal.
Major innovations in cellular technologies arise largely from the substantial Research and Development (R&D) investments and inventions of relatively few companies, followed by widespread collaborations including many more in the process of standard setting.
While Ericsson is a leading contributor to mobile communications standards, a US District Court in California has significantly undervalued Ericsson's standard-essential patents (SEPs) by relying heavily on flawed "top-down" valuation analysis that prorates royalties by company for 2G, 3G and 4G based on SEP counting. This analysis applies a series of inaccurate assumptions which whittle down royalty rates from an understated notional maximum in a succession of unreliable steps. The resulting rates derived are a lot lower than those found in a European court's FRAND determination for the same company in the same year (2017) and for the same 2G, 3G, and 4G patent portfolios. The differences between these US and European determinations are irreconcilable.
Radio spectrum is the lifeblood of wireless networks. Traditional methods of doling out spectrum have somewhat hindered rather than helped maximize the availability of affordable Internet access, even if this was not the case with voice and text. Instead of seeking to aggrandize auction proceeds by creating scarcity, more flexible allocations including shared as well as traditional licensed and unlicensed assignments are required.
I participated as a panelist in a session entitled, "Economists: Do They Have a Place?," at the Patents in Telecoms and the Internet of Things conference at George Washington University in Washington, D.C. on November 10, 2017. This article is substantially my remarks in that conference panel session. Before my remarks, Stephen Haber of Stanford University said that I had posed the defining question for the entire conference in an audience question-and-answer exchange the previous day. It had perturbed me to hear a panel speaker mischaracterize the communications standards as platforms of preexisting technologies upon which Internet of Things (IoT) innovation will occur. In response, I said that communications standards are rich in technology innovation and patented intellectual property.
As I explained in IP Finance last week, following President Trump's blocking of Broadcom's hostile bid to acquire Qualcomm, by remaining independent the cellular technology leader will be able to maintain its long-term commitment to high levels of R&D investment (at 23 percent of sales recently), most significantly including that in 5G communications standard-essential IP.
The broadband performance and economics of cellular with 4G and 5G is making it possible for many of us to do without any wired connection at all - already including those who, on average, stream up to an hour of video per day. Nevertheless, most homes will continue to need fixed connections; but 5G fixed-wireless access will serve many of these.
At a conference entitled Patents in Telecoms & the Internet of Things, at George Washington University in the District of Columbia last week, I was perturbed to hear a speaker mischaracterizing the communications standards as platforms of preexisting technologies upon which IoT innovation will occur. Major research and development investments are being made in communications technologies and standards to satisfy the anticipated demands of 5G and IoT. In fact, these investments, with significant innovations resulting already, are largely a leap of faith in advance of hoped-for IoT applications development and proof of demand for these.
Consumers are only beginning to use LTE in unlicensed spectrum. So far chatter has mostly been about operator trials, commercial chipsets and sales of devices to seed the market before anyone is to be able to use the new service feature. Nevertheless, the commercial impact will be quite dramatic within a few years.
The new US Department of Justice antitrust leader says antitrust enforcers are too accommodating to IP implementers when in dispute with standard-essential patent owners. Instead, patent owners should be allowed to decide how they want to exercise their property rights: "under the antitrust laws, a unilateral refusal to license a valid patent should be per se legal" – he also reminds us "the right to exclude is one of the most fundamental bargaining rights the patent owner possesses."
Technology innovation by chip, device and equipment vendors plus intense competition among national oligopolies of mobile network operators has improved cellular performance and reduced costs to the enormous benefit of consumers. Meanwhile, recent financial gains in the mobile ecosystem are largely accruing to Silicon Valley's tech titans including Apple, Alphabet, Facebook and Netflix. The massive network investments required for 5G may not be forthcoming if this imbalance persists.
Expert witness testimony for complex litigation involving damage analyses of lost profits, reasonable royalties, lost earnings, and lost value of business, forensic accounting, fraud investigation, investigative analysis of liability, marital dissolution, and tax planning and preparation. Excellent communicators with extensive testimony experience. Prior Big Four accountants. Specialties include: accounting, antitrust, breach of contract, business interruption, business dissolution, construction defects, delays and cost overruns, fraud investigation, asset tracing, intellectual property including patent, trademark and copyright infringement and trade secrets, malpractice, marital dissolution, personal injury and employment litigation, product liability, real estate, securities, spousal support, taxation, unfair advertising, unfair competition, valuation of businesses, and wrongful termination.
Business Litigation and Valuation Barbara Luna, PhD, CPA, CFE, ASA, CVA, ABV, CGREA, CCRA, CREA Dean Atkinson, CPA, CFE, ABV, CAC, CFF John Luna, JD/MBA, CPA, ABV, CFF David Turner, CPA, ABV, CFF Drew Hunt, MBA, CPA, ASA
Personal Injury / Employment Litigation Barbara Luna, PhD, CPA, CFE, ASA, CVA, ABV, CGREA, CCRA, CREA Venita McMorris, MA
Dr. Barbara Luna is the partner in charge of the commercial litigation department of White Zuckerman. She has been providing Forensic Accounting, Economic Damages, Valuation, and Expert Witness Services for the past 30 years and has testified in court over 450 times. She has a PhD in Applied Mathematics from Harvard University with application to Physics and Finance and a BA in Physics from Wellesley College. Barbara is a Certified Public Accountant, a Certified Fraud Examiner, an Accredited Senior Appraiser in Business Valuation, a Certified Valuation Analyst, Accredited in Business Valuation, a Certified General Real Estate Appraiser, and a Certified Financial Forensic. She previously was a partner with Coopers & Lybrand and has taught working capital management, business finance, forensic accounting and intermediate accounting at UCLA Graduate School of Management, California State University at Northridge and Pepperdine University.
Dean Atkinson is a partner in the commercial litigation practice of White Zuckerman. He has testified as an expert witness in Commercial Litigation and Family Law Matters and has been involved in Resolution and Settlement Negotiations since 1987. He holds credentials from the AICPA as a Certified Public Accountant, Accredited in Business Valuation and Certified Financial Forensics and from the Association of Certified Fraud Examiners. Dean is experienced and has qualified as an expert in business valuation, business litigation and family law matters.
John Luna is a partner in the commercial litigation practice of White Zuckerman. He analyzes Financial, Accounting, Economic Damages, Business, Real Estate and Valuation issues and testifies as an expert witness on his findings. He has been an investment banker with Macquarie Capital, GCA Savian and Lazard. John has a JD from UCLA School of Law (Order of the Coif), an MBA from UCLA Anderson School of Management (Edward W. Carter Fellow), and an AB in Engineering Sciences from Harvard University. He is a Certified Public Accountant, Accredited in Business Valuation, a Certified Financial Forensic and a member of the California Bar.
Venita McMorris is a partner and an Economist in the Personal Injury and Employment practice of White Zuckerman. She has been providing economic damages and expert witness services for over 20 years and has testified extensively in court. She has a Master of Arts degree in Economics from California State University, Fullerton and a Bachelor of Arts degree from San Diego State University. She previously was a manager with Coopers & Lybrand and an economist with a medical malpractice trust in Southern California. Venita has taught macroeconomics and microeconomics to college students at Pasadena City College as a full-time tenured instructor and at Glendale Community College as a part-time instructor.
Los Angeles 15490 Ventura Boulevard, Suite 300 Sherman Oaks, CA 91403 Phone: (866) 981-4266 or (818) 981-4226 Fax: (818) 981-4278 Email: firstname.lastname@example.org Website: www.wzwlh.com
Bruce Weiner is an Information and Internet Technology executive with over 30 years of in-depth experience managing product and software development for contracting companies and Fortune 100 companies. Since 2012, he has been a Technology leader at the Federal Reserve Bank of New York.
Mr. Weiner is a Princeton trained computer scientist and electrical engineer, and a patent holder. Over his career, he has gained extensive experience in Information Systems management, program/project management, software development, software architecture, internet delivery, business applications, technology vendor selection, IT Outsourcing, and customer contact center operations.
Litigation Consulting Services: Mr. Weiner has experience as a consulting and/or testifying expert witness in software development, patent infringement, and commercial litigation matters for both plaintiffs and defendants. He is adept at translating complex software, patent, and technology issues for the lay person audience. He consulted on industry transforming anti-trust cases in the travel industry.
Travel Industry Technology - Former technology leader for American Express Travel and Chief Technology Officer of United.com;
Loyalty Industry Technology - 30 years experience in the technology that powers loyalty programs, working on Membership Miles, Thank You Rewards, Mileage Plus, #1 Gold, eRewards, MyPoints, Blockbuster Rewards, and AAdvantage
Financial Services Technology – 30 years experience working with Financial Services Companies (American Express, Citibank, and Chase) on credit card and banking technology.
Tony Mason has 34 years of experience helping attorneys solve complex Computer Operating System issues. His experience includes software development, teaching and writing about technology, and working with dozens of companies in a consulting role to solve their problems.
Mr. Mason has worked with multiple operating systems including Microsoft Windows, UNIX, and Linux. He is the author of two books, including, Windows NT Device Driver Development, several peer-reviewed papers, and numerous non-peer-reviewed publications.
Mr. Mason is the primary inventor on 12 patents:
US/9830329 Methods and Systems for Data Storage
US/9600486 File System Directory Attribute Correction
US/9535759 Work Queue Thread Balancing
US/8990228 Arbitrary Data Transformation
US/8903874 File System Directory Attribute Correction
US/8539228 Managing Access to a Resource
US/8521752 Arbitrary Data Transformations
US/8024433 Managing Application Resources
US/7809897 Managing Lock Rankings
US/7512748 Managing Lock Rankings
US/7949693 Log-Structured Host Data Storage
US 15/791,486 Methods and Systems for Data Storage
Litigation Support - Mr. Mason has gained extensive experience clearly explaining technical subjects so they are easily understood by non-experts. His expert witness services primarily focus on assisting in the preparation of materials necessary for computer operating systems patent litigation. He provides research, prepares reports, and explains technical terms clearly and lucidly. He is available for depositions and trial testimony as needed.
For years, this has been the definitive and comprehensive technical reference for software engineers, systems programmers, and any engineer who needs to understand Windows NT systems internals. While this text has a fresh new look on the outside, the text, pictures, code samples and references on the inside are vintage 1998. Nevertheless, the book retains a tremendous amount of value in its clear (erudite even) descriptions of the Windows NT operating system architecture and internals; information on the implementation of standard Windows NT kernel mode drivers; Key details on the workings of Windows NT I/O Manager; and detailed technical discussions on interrupt management and synchronization issues.
Dr. Jules Kamin received his Ph.D. in business economics, finance and management science from the University of Chicago Graduate School of Business, rated #1. He is an expert on Economic Damages and Economic / Financial Aspects of Liability. He brings to the practice of forensic economics a unique combination of educational background, practical business and teaching experience, and a proven record of expert retention and testimony in over five hundred cases since 1987. Services Include:
Commercial damages occur in breach-of-contract and business-tort cases that result in claims of lost profits or diminished business goodwill or business value. Intellectual-property-infringement cases and antitrust cases also can involve such loss claims. The measurement of damages in these types of cases follows a basic methodology, with some variations in intellectual-property matters. Measurement of damages in securities-fraud cases uses a different approach.
Dr. Lavian holds a Ph.D. from the University of California, Berkeley, in computer science, specializing in networking and communications. He is a consummate expert in network communications, telecommunications, Internet Protocols (TCP/IP), LAN/WAN, Streaming media, VoIP, mobile wireless, and Internet/Web technologies. He has over 30 years of experience, has invented over 120 patents, and has co-authored over 25 scientific publications. For 20 years, Dr. Lavian has researched, studied, and lectured at UC Berkeley Engineering. He has served as an industry fellow and lecturer with UC Berkeley’s Industrial Engineering IEOR, Berkeley Engineering’s SCET, UC Berkeley’s start-up accelerator, SkyDeck, as principal investigator for CRadar.Ai and CTO for Aybell.
Areas of Expertise:
Network communications, telecommunications, Internet protocols (TCP/IP), VoIP, Streaming Media, and mobile wireless:
Communication Networks: Internet protocols; TCP/IP suite, TCP, UDP, IP, Ethernet, 802.3, network protocols, network software applications, data link, network, and transport layers (L2, L3, L4), packet switching, data center network architecture.
Mobile Wireless: Wi-Fi, 802.11, Bluetooth, MAC, PHY, Wireless LAN (WLAN). Cellular systems, SMS, instant messaging (chat), mobile devices, smartphones.
Internet/Cloud: Internet Technologies, Web applications, HTTP, e-mail, SMTP, POP, IMAP, Java, C/C++, file transfer FTP, client-server, cloud computing, distributed computing.
Mr. Blum, CPA, CFE, CPEA, CFF has over 30 years of professional experience as a forensic accounting testifying expert in damages, intellectual property, reasonable royalties & royalty audits. Mr. Blum is a leading licensing contract terms expert. He was 2017 California CPA of the Year & 2012 Certified Fraud Examiner of the Year.
Strengths in intellectual property, royalties, patents, trademarks, copyrights, DMCA, toys, entertainment, energy, music, breach of contract, and consumer products. Former Chief Audit Officer at Beats Electronics, 20 years as an accounting firm Partner including the Big 4. Employee of Fortune 50 companies Occidental Petroleum, Unocal, and the Walt Disney Company. While at Ernst & Young, Mr. Blum led fraud and forensic investigations nationally. Vice Chair (2016-2017) Board of Regents of the 80,000 member Association of Certified Fraud Examiners. Mr. Blum has lead more than 1,500 forensic accounting investigations.
Complex Economic Litigations and Intellectual Property Expert Witness - As an Economic Damages expert witness, Mr. Blum has worked on matters from simple to several billion dollars complex litigations. He has been retained as an expert witness for more than 100 matters. Most retentions have required a Federal report. Mr. Blum is a Certified Fraud Examiner, Certified Professional Environmental Auditor, and Certified in Financial Forensics by the AICPA. His damage calculations have consistently been accepted over other experts. His reports are noted as best examples by judges. Broad range of clients for leading law firms. Representative clients: Amgen, Microsoft, Disney, Dolby, Sony, Paramount Pictures, Mattel, GM, Sears, IGT, IMG, Tessera, Philips, Diageo, Harley-Davidson, DKNY, Chrysler, Ross, Steven Spielberg, Tom Hanks, Shark Tank, WWE, Warner Bros., McDonalds, SAG, DGA, WGA, Conor McGregor, UMB Bank, Bank of America, Everlast, etc.
Royalty auditing is a niche service that has exploded in popularity over the last 20 years. The primary purpose of a royalty audit is to test whether a licensee has complied with a license agreement or statutory requirement. The royalty auditor is hired by an intellectual property owner (aka, licensor) or minerals owner to inspect the books and records of a licensee primarily to determine if usage-based monetary amounts have been paid as contractually required. In addition to monetary damage calculations, most royalty audits examine for breach of contract in a wide variety of areas, such as intellectual property protection, record keeping, distribution channels, and permitted usage.
This book navigates readers through the nuances of drafting the best possible financial terms for license and other self-reporting agreements and shows how proper monitoring and auditing should occur once a deal is in place. The 2014 Edition includes updated information on how to properly write the financial aspects of royalty contracts to protect the licensor, licensee, and other concerned parties. Additional sample terms and "real-world" agreements have also been included.
This book navigates the nuances of drafting financial terms for license and other self-reporting agreements and shows how proper monitoring and auditing should occur once a deal is in place. This book will modernize and remold how agreements are written and will greatly enhance the bottom line of licensors and other contractors. Lawyers involved in drafting license and other self-reporting contracts typically understand boilerplate provisions but not the financial nuances that are subject to high degrees of interpretation that eventually costs their clients significant money and business relationships.
Dr. Istvan Jonyer is an expert in Machine Learning, Artificial Intelligence, Telecommunications, and Networking.
Background Experience: Dr. Jonyer is a scientist, engineer, educator, investor, and serial entrepreneur, with extensive research, development, and management experience in various areas of computer science with leading technology companies. Dr. Jonyer has been a venture capitalist with three different funds with responsibilities covering machine learning, autonomous vehicles, AR/VR, and mobile and streaming media delivery, among others. At Google he was responsible for launching Google TV devices with device OEMs and SoC vendors, such as Sony, Logitech, LG, Sharp, Samsung, Vizio, Intel, Marvell, and MediaTek. He has designed mobile communication systems for Nortel Networks and evaluated numerous telecommunications technologies as a venture capitalist.
Dr. Jonyer is a serial entrepreneur with two startups under his belt, and continues to be involved with the startup ecosystem by both investing in and advising early-stage startups. He has published extensively in machine learning and telecommunications, and has presented numerous times to a wide range of audiences, such as boards of directors, at conferences, and as a regular investor panelist.
Litigation Support: Dr. Jonyer offers testifying expert witness services to both defendants and plaintiffs with local presence in Los Angeles . Services include source code analysis, deposition, trial testimony and second chair.
Has completed cases in:
Patent infringement, ITC
Breach of contract
Technical due diligence
He has been retained on cases involving major technology companies, including:
Attorney, Antonio R. Sarabia II, has 30 years of experience in Consumer Licensing matters (revenue, standards, performance, and breaches), Trademarks, Copyrights, and issues occurring in the Apparel Industry.
Background Experience - Mr. Sarabia is intimately familiar with the business problems and legal issues fashion companies may face. At the beginning of his apparel industry experience, Mr. Sarabia spent nine years as part of the senior management of Guess?, whose sales grew 400% during a single year. Over the course of his time there, the company transformed from a fad into a mainstay fashion company. Since leaving Guess?, Mr. Sarabia has advised various other apparel companies, from publicly-held companies to fast-growing companies like Earl Jean, to smaller start-up companies. .
Litigation Support - Mr. Sarabia is available to serve as an expert witness, whether through testifying, identifying important or relevant issues, or suggesting discovery in his areas of expertise. His services are available to attorneys for plaintiff and defendant.
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.
The Hewlett Packard pretexting scandal received widespread publicity. There were two main legal aspects. First, there is the criminal case filed against Ms. Patricia Dunn· (former Chairperson of the Board), a senior Hewlett Packard lawyer and several private investigators.
The Hewlett Packard pretexting scandal received widespread publicity. While a criminal case is pending and there may be spin off litigation, the deal Hewlett Packard made with the California Attorney General is inked and done.
Dr. John Strawn, Ph.D. (Stanford, 1985) has served as testifying expert in patent and trade secret cases, conducted extensive prior art searches, and written expert reports, working for both plaintiffs and defendants. He has conducted software analysis of thousands of pages of source code. Dr. Strawn has over 30 years experience in software development (assembly language, Fortran, C, C++, Java, HTML, XML). He is experienced in digital signal processing, especially for audio and music, including audio compression such as MP-3. As an employee and as an independent consultant he has worked on teams in large and small companies on cutting-edge technology. Having been a Fulbright scholar in Germany, he can easily work with source material in German. He is an accomplished public speaker and has published extensively.
Testifying Experience: 19 depositions and 3 trials to date. includes Lucent v. Microsoft (San Diego, CA, February 2007).
In public talks about audio, one often sees a timeline in which "major changes in the audio industry" are said to occur every 10, 25, or perhaps 50 years. Rather than searching for periodicity in a one- or two-dimensional timeline, in this article it will be more helpful to start out by enumerating some of the multidimensional axes along wchich change occurs
Christopher M. Daft, PhD, is an award winning, Oxford Educated Materials Scientist whose areas of expertise include medical imaging, electronics, semiconductors, medical devices, sensors, MEMS, signal processing, and image processing. A serial inventor who holds 23 United States Patents with several pending, Dr. Daft has diverse industry experience including multi-nationals such as GE, Medtronic, Fujifilm, Samsung, and Siemens as well as several start-ups. He is a well-published winner of grants from the National Institute of Health. Dr. Daft has been an Institute of Electrical and Electronic Engineers (IEEE ) Senior Member since 2004. He has three years of experience teaching electrical and computer engineering at the University of Illinois. Dr. Daft holds a BA and MA in Physics from Oxford University as well as Doctorate from Oxford in Materials Science.
Litigation Support - Dr. Daft provides litigation support in the areas of Intellectual Property and Medical Devices including Imaging, particularly Medical, Patents, Minimally Invasive Surgical Guidance, and more. His experience includes a variety of cases in the areas of wearable electronics, imaging systems, and surgical technology. Dr. Daft has extensive deposition and trial testimony experience.
Ian 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.
Robert O. Peruzzi, PhD, PE is a Licensed Professional Electrical Engineer with particular expertise in Mixed-Signal Integrated Circuits (MSICs). His subspecialty within this broad category is with Integrated Circuits (silicon chips) used for signal-processing.
Dr. Peruzzi has a Wide ranging experience within the electronics industry, beginning with assembling, then repairing, and designing test equipment. He then moved on to integrated circuits, first testing, then designing subcircuits, and finally modeling and verifying large mixed-signal "systems on a chip".
Dr. Peruzzi has been court qualified as an Electrical Engineering Expert. Areas of practice: Electronic and Electro-Mechanical Systems and Mixed Signal IC Patent Litigation . His services are available to attorneys for both Plaintiff and Defense.
Dr. George Edwards, Ph.D. is an expert in Computer Software, Internet Applications, Web Technologies, Mobile Phone/Tablet Applications, Digital Video and Multimedia, Medical and Embedded Software, and Aerospace/Defense Systems. He has more than a decade of experience as a scientist, engineer, and technical consultant to academic research labs, government agencies, technology companies, and attorneys. Dr. Ewards has authored dozens of articles and papers related to software engineering for scientific journals and industry magazines. He is listed as a co-inventor on two pending patent applications for novel software technology and has served as a software expert witness in patent litigation matters.
Dr. Edwards provides expert consulting in the following areas:
Intellectual property and patent infringement
Software design/source code audit and review
Expert witness and depositions
Dr. Edwards is an expert in the following technologies :
The importance of software patents has increased dramatically in recent years. The high profile patent disputes between Apple, Google, and other smartphone companies have attracted the most attention in the press, but patent battles are being waged all across the software industry.