Intellectual Property Copyrights Expert Witnesses

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.

FORENSIC EXPERT WITNESS - PHOTOGRAPHY

Professor Jeff Sedlik has decades of experience at the highest level of professional photography including advertising, corporate, editorial and stock. He is a respected and acknowledged authority on photography having served as Past National President of professional photography's leading trade organization,  "Advertising Photographers of America". Professor Sedlik is also an experienced Expert Witness. 

Areas of Expertise:

Contracts Copyright Licensing Publicity Rights Model Releases

Lost/Damaged Film Stock Photography Business Practices Forensic Scene Recreation Forensic Image Analysis

Gabriele Goldaper has over 45 years experience in the Fashion, Garment, Textile Industry, as a retailer, manufacturer, consultant, and college instructor. Ms. Goldaper is a perceptive and articulate Expert Witness who has been involved in more than150+ Apparel Industry Legal Disputes. She has been deposed and testified in bench and jury trials and arbitrations, for both defendants and plaintiffs.

Ms. Goldaper has owned her own clothing manufacturing company and has held key executive positions in major public and private companies in Southern California. She has been a Management Consultant to over 200 new, failing or growing apparel companies, and completed assignments for USAID in Romania, Egypt, El Salvador, Moscow, Thailand and Bulgaria as an apparel expert.

Ms. Goldaper is a 30-year member of the faculty at the Fashion Institute of Design and Merchandising.

Areas of Expertise Include:

• Copyright Infringement and Trademark Cases
• Opinions on Originality and Substantial Similarity
• Fabric/Print Design, and Origin Issues
• Garment Construction and Design issues
• Customs, Practices and Operations of Clothing Business
• Financial Conditions, Valuations and Financial Matters
• Issues with Manufacturing Contractors/Factories: Domestic and Off-Shore
• Wholesale Distribution to Retailers and Internet Sales
• Quality Standards/Specifications used in Production of Garments

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

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

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

His Product Liability Expert Witness litigation background includes all types of Safety Systems, Electrical Systems, Fires, Accident Reconstruction, and Evaluation of Alternative Designs for Automotive, Medical and other industries. He has over 29 years of experience in Automotive Safety Systems, Sensors, Seatbelts, Airbags / Curtains, Seats, Diagnostic Systems, Crash Recorders, Crash Pulse Analysis, System Diagnostic, Fault Codes, Structure (including roof-crush and door) and front, side & roll-over systems (including sensing and algorithm development) for domestic and international corporations. He is thoroughly familiar with all regulatory (including FMVSS), and corporate due-care requirements, & preemption arguments, occupant kinematics, & injury causation.

Rob Wallace has unique expertise in Trademark, Trade Dress, Copyright, Brand Identity and Package Design Infringement. For 35+ years, Rob ran one of the nation's top Brand Identity Strategy and Package Design Resources providing global branding expertise to Fortune 500 companies in virtually all CPG categories. His clients include P&G, Nestle, Pepsico, Unilever, Kraft, Colgate, The Home Depot, Brown-Foreman, Novartis, J&J and more than 50 market leading companies. Manhattan-based, Rob has been an expert witness for important litigation involving:

• Likelihood of Consumer Confusion
• Secondary Meaning
• Brand Valuation & Dilution
• Package Graphic/Structural Design
• Product Design
• Branding Industry Best Practices
• False/ Deceptive Advertising
• Corrective Advertising
• and all brand related issues.

Rob has commissioned literally hundreds of consumer surveys and is uniquely qualified to determine the results of all research. He has worked for attorneys on both the plaintiff and defense sides of his cases. He is effective and efficient with the average project report requiring between 10 and 12 hours.

Dr. Larry Chiagouris has a rare combination serving as a senior Fortune 500 executive and as an accomplished academician. He has provided expert testimony and written opinions on damages, marketing, advertising, intellectual property issues (including the use of survey research) for plaintiffs & defendants at major national & local firms.

Experience summary:

• Experience evenly divided between plaintiff and defendant engagements over 25 cases

• Several cases include elements of intellectual property issues

• Majority of cases involve elements of consumer behavior or survey research

• Majority of cases involve elements of advertising related strategies and tactics

• Majority of cases involve elements of Internet related tactics

• Majority of cases involve written opinions and depositions

• Written and oral testimony in several Federal District Court jurisdictions

• Engaged by both large multinational law firms and small boutique firms

• Class action cases evenly divided between plaintiffs and defendants

Selected by Agency Magazine as one of 10 best and brightest researchers. He brings extensive experience as a Senior Marketing, Branding and Research Executive responsible for directing major assignments for companies such as AT&T, Campbell Soup, Kraft, Miller Brewing, Peugeot, Pfizer, Prudential and Visa.

He has a Ph.D. in Marketing, is Past Chairman, Advertising Research Foundation and Former Director of the American Marketing Association.

Brooks Hilliard, CMC, CCP is the only actively practicing expert witness in the world who is both a Certified Management Consultant and a Certified Computing Professional specializing in computer system selection and problem resolution. He has testified more than 30 times as a computer expert witness and has been engaged on more than 90 such matters for both plaintiffs and defendants. Mr. Hillard has done expert witness and consulting assignments in 25 states, and has qualified as an expert witness on computer software and hardware (including ERP, SCM and CRM systems) in both state and federal litigation. His expert witness engagements have included courtroom and deposition testimony in lawsuits, arbitrations, mediations and formal governmental hearings. 

Areas of Expertise:

• Allegations of ERP and CRM system failures and/or defective business software/systems
• Computer Forensics
• Intellectual property
• Valuation of computer hardware, software and services
• Regulatory, Procurement and Tax matters

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.

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FORENSIC ARCHITECTURE: Plaintiff and Defendant ™
David Erik Chase, AIA, NCARB, LEED GA, is an Architect with over 50 years of experience, personally responsible for more than $1 billion of constructed projects, as designer, interior designer, specifier, project manager, Architect-of-record, or Principal-in-charge.

Litigation Support - Based on this foundation of technical and practical experience, Mr. Chase has served as an expert witness, testifying in depositions and at trial on over 75 cases, for forensic construction assignments for plaintiffs and defendants in a variety of matters. His cases have included insurance issues, standard of care, schedule delay, construction defects, contract disputes, copyright, water intrusion, mold, errors and omissions together with a specialty in Florida 718 Statutes for condominiums.

Currently practicing Architecture in Florida, Mr. Chase is licensed in 21 states. He has extensive experience in educational, stadium, criminal justice, housing (senior, assisted living, public, multi-family and single detached), health care, commercial, hospitality and retail projects. Mr. Chase has negotiated, authored and administrated design-bid-build, design-build, construction manager-at-risk, fast-track, fixed price, bridging, sole source and private/government contracts.

Mr. Chase serves as an Expert Witness to highlight issues of fact, to bring clarity to due diligence on both sides of the table, and to advance resolution. As a Mediator and neutral third party, he has expertly guided parties in dispute through an informal, non-adversarial process toward a mutually agreeable resolution without prescribing what that solution should be. Mr. Chase has also served as an Arbitrator on a dozen cases to guide opposing parties through a formal, rule-based process that establishes a binding resolution and reasoned awards.

Areas of Expertise:

Architectural Standard of Care Architectural Contracts Building Codes, Standards Construction Defects Building Envelope Systems Design – Build Delivery

Water Intrusion Matters Errors and Omissions Claims Stucco and EFIS Systems Betterment Issues Florida 718 Condominium Statutes Wrongful Death Events

Fast Track Processes 1990 A D A Guidelines Architectural Copyright Infringement Change Order Analyses Breach of Contract Government Contracts

Howard J. Cohen, PhD, has over 30 years of experience in Software Engineering, Architecture and Implementation. He possesses particular expertise in Algorithms, Relational Databases, Graphical User Interfaces (GUIs) and Software Applications in general. His experience has been in a broad spectrum of technology, in several languages, in a wide variety of applications, and on multiple platforms. Dr. Cohen's background includes Electronic Design Automation, Bioinformatics, Digital Cartography, Banking Systems for Foreign Exchange Traders, and many more. He is the co-inventor on approximately 120 patents.

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

Expert Witness Projects Include:

• Trade Secrets
• Copyright
• DMCA - Digital Millennium Copyright Act
• Patent Infringement
• Source Code Analysis
• Business Practices
• Damages Analysis
• Computer Software Security / Forensics

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Drew N. Kelner, PhD, is a classically trained Biochemist with 30 years of experience in the Biopharmaceutical Industry as both a hands-on scientist and scientific leader in process, analytical, and formulation development, product commercialization, and product quality assessment.

During his long tenures at Bayer and Amgen, Dr. Kelner had the privilege of participating in the development, registration and/or lifecycle management of 15 biological drugs (9 BLAs), including Epogen, Neupogen, Aranesp, Neulasta, Prolia, Kogenate (Factor VIII), and Vectibix. He has deep experience in the development of biologicals for oncology and immune disorders, including Imlygic, the first licensed oncolytic virus for melanoma, and Blincyto, the first licensed immunotherapy (for leukemia) using a bifunctional ("BITE") antibody. His experience covers all aspects of biopharmaceutical product development, with proven expertise in the commercialization of manufacturing and quality operations for biopharmaceuticals, as well as extensive experience with global regulatory filings at all stages of the product lifecycle. Dr. Kelner’s development and commercialization experience cover both innovator (including first-in-class) therapeutics as well as multiple biosimilars.

Litigation Support - As President of Colorado Biotechnology Consultants, Dr. Kelner has experience as an expert consultant for Biopharmaceutical Patent Infringement and Trade Secrets litigation. He has written multiple declarations (U.S.) and Affidavits (Canada), largely around issues related to biosimilar patent infringement, leveraging his vast knowledge of the scientific literature and experience as a process development leader in both establishing intellectual property while designing ways around existing patents to enable unencumbered process and product development (where feasible).

Areas of Expertise: Dr. Kelner's scientific expertise covers all aspects of bioprocess development and commercialization, including extensive expertise in regulatory filings on a global basis. His areas of expert knowledge include Protein Biochemistry, Cell Biology, Immunology, and Protein Pharmacokinetics.

Ideal Client Engagement:

• A small to mid size biotechnology company that needs consulting expertise in organizational management, process and product development, and regulatory affairs. Dr. Kelner specializes in solving the most difficult process and product development challenges
• An attorney who is involved in biopharmaceutical patent infringement and trade secret litigation

Oded Gottesman, PhD, CTO of Compandent Inc., technology IP expert witness in such areas as telecommunications, cellular phone, and signal processing, provides technology expert witness services, prior art search, and consulting for Technology Patent Infringement, Patent Invalidity, Trade Secret Disputes, source code review, hardware analysis, and related matters. Dr. Gottesman has more than 17 years of experience as an expert witness, deposed 14 times, testified 4 times in Jury trial and 2 times in ITC trial, worked on IPR and Ex Parte Reexamination petitions, and wrote numerous reports. Among his areas of expertise are:

DSP Digital Signal Processing Telecommunications Cellular Networks (4G LTE, 3GPP, GSM) Packetized Networks VoIP Streaming audio, streaming video Real-time Systems Cellular Timing and Synchronization Location and Position Systems (UTDOA, GPS, etc.) Error Control Coding

Speech Coding, voice compression, vocoder, Audio Compression, and Video Compression, codec (MPEG, AAC, AMR) Signal Compression and Signal Enhancement Computer Software, and Algorithms Computer Hardware Embedded Systems Smartphones, Portable Devices Client-server Web Applications Mobile Applications

Litigation Support - Dr. Gottesman has more than 17 years of experience as an expert witness, deposed 14 times, testified 4 times in Jury trial and 2 times in ITC trial, worked on IPR and Ex Parte Reexamination petitions, and wrote numerous reports.

Selected Clients - Dr. Gottesman's clients have included: Alston & Bird, AZA Law, BakerHostetler, Bracewell & Giuliani LLP, Comcast, Cooley Godward Kronish, Cummins, Dechert, Echelon, Fenwick & West, Fish & Richardson, Google, Hill Kertscher & Wharton, Kirkland & Ellis, Sidley Austin, Weir & Partners, Woodcock & Washburn, MagicJack, Microsoft, Milbank, Tweed, Hadley & McCloy LLP, Nokia, Parts Geek, Samsung, Toshiba, TruePosition, Vinson & Elkins LLP, Wiav, and Williams & Connolly LLP.

View Dr. Gottesman's Consulting Profile.

CONSOR® Intellectual Asset Management has been a global industry leader in Intellectual Property valuation, expert witness services, monetization assistance, licensing strategies and more for the last 25 years. CONSOR's core areas of expertise are the valuation, management, and licensing of intangible assets. They are proud to be the only market-based consulting firm specializing in intellectual property.

Litigation Support - CONSOR® offers a variety of services to accommodate a wide range of IP litigation needs, including Expert Witness Services, Intellectual Property Valuation and Damages Analysis, Infringement and Confusion Analysis, Customs and Practices Consulting, and Bankruptcy and Disposition Support. CONSOR's areas of expertise cover all types of IP and intangible assets that can be the subject of litigation, including:

Patents & Technology Trademark & Corporate Brand Assets Sports & Events Licensing

Celebrities & Publicity Rights Copyrights, Media & Entertainment Assets Estate & Tax-Related Issues

Weston Anson, Chairman of CONSOR®, is a seasoned Licensing Valuation and Marketing professional with a long history of successful programs at firms such as Booz-Allen & Hamilton, Playboy Enterprises and Hang Ten International. He holds a Masters degree in Business Administration (honors) from Harvard University and is active in all of the major international trademark and intellectual property associations as a speaker and an officer.

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

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

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

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

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

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Reasoning, Inc. provides expert testimony for trademarks, defamation, authorship attribution, and communicative malpractice related to faulty tests and surveys. Reasoning is a group of doctoral-level linguists and logicians with superior understanding of all aspects of language. We do linguistic and logical analyses of publications, newspapers, books, letters, interviews, advertisements, manuals, contracts--to identify meanings, inferences, innuendoes, bias, actual malice, damage to reputation, similarity to other documents, copyright infringement, plagiarism, breach of contract, authorship, and fraud.

As a specialist in educational testing, Dr. Habick provides expert testimony on educational practices related to fairness, bias, psychometrics, and flawed test questions or testing programs. He provides Linguistic Analysis of news reports and other communications and in the assessment of Violations of Legal, Ethical, and Professional Standards.

Dr. Habick testified as an expert witness in linguistics in the U.S. District Court, Trenton, in The United States of America v. Tyshon Bey. Dr. Habick performed linguistic analyses on defamation and trademark cases for Pisanelli-Bice, Las Vegas; Shumaker, Loop & Kendrick, Tampa; Seed Intellectual Property Law Group, Seattle, and Perkins Coie, Seattle.

Reasoning, Inc. also provided expert testimony on unfair testing, grading, and educational practices for Seals v. State of Mississippi et al.

Areas of Expertise:

Libel Defamation Slander Trademarks Invasion of Privacy Copyright Infringement Discourse Analysis Logical Analysis Logically Flawed Argumentation

Plagiarism Education Educational Examinations Bias and Fairness Psychometrics Authorship Identification Interpretation of Contracts Taped Conversations

Professional Affiliations
American Dialect Society (ADS)
International Association of Forensic Linguists (IAFL)

Eric Forister, PhD, is an expert Economist with testifying experience on market definition, market power, and damages. His expertise includes applying advanced statistical techniques to datasets, synthesizing information from documents, and designing and evaluating surveys. A Senior Economist at Econ One, he focuses on relevant questions to tackle complex issues with an efficient and effective style of communication. Dr. Forister also has extensive experience consulting on issues including royalty rates, irreparable harm, sampling, survey design, common impact, and materiality.

Ideal Client Engagement: For litigation-related matters, an ideal engagement would be providing an opinion on economics, damages, market power, or market definition; or providing pre-litigation advice on the economics of potential claims, or the merits of a survey. For non-litigation matters, an ideal engagement would be helping to explain the economics of different business models or consulting to those considering buying or starting an optometry office.

Experience: Dr. Forister has acted in a support/consulting role on over 100 matters. His support work has been a mix of plaintiff and defense work. Dr. Forister has designed and evaluated surveys for IP and marketing cases and worked on a wide range of other matters, including:

• Antitrust - price fixing, exclusionary conduct, monopsony, unfair competition, Robinson-Patman
• Intellectual Property - SEP, FRAND, patents, trademark, irreparable harm
• Marketing - false advertising, product labeling
• General Damages - breach of contract, bankruptcy

Education/Training:

• PhD in Business Administration (Field: Economics), Stanford Graduate School of Business
• BS in Mathematics / Economics, University of California at Los Angeles, magna cum laude

View Dr. Forister's Consulting Profile.