David Smith is an experienced mechanical engineer (MS, PE) with seven issued patents. Award-winning inventor. Vice President of Alpine Engineering and Design, a mechanical engineering consulting company with clients around the United States ranging from individual inventors to Fortune 500 companies. Worked on the development of multiple successful products including among other things: aerial lifts, garbage trucks, thrill rides, ziplines, trailers, oil and gas equipment, exercise equipment, manufacturing equipment, and multiple consumer products.
Graduated Cum Laude with a bachelor's degree in mechanical engineering. Completed a master's of science degree in mechanical engineering and an MBA with an emphasis in product development. Licensed professional engineer (PE) and certified safety professional in comprehensive practice (CSP). Certified trainer for boom lifts, scissor lifts, rough terrain, and counterbalanced forklifts. Over 10 years of experience in product development, patents, equipment safety, and risk assessments.
Experienced expert witness having drafted over 200 reports/declarations in patent cases and catastrophic injury and death cases. Designed and built multiple custom testing devices to obtain data and evaluate opinions. Created multiple demonstratives to explain the mechanics and circumstances of accident sequences and patented devices. Testified in deposition 11 times and in trial once.
Jessie Stricchiola has over 23 years of experience in the fields of Search Engine Optimization (SEO), Digital Marketing, and Internet Technologies. She is the founder of Alchemist Media, Inc., a digital marketing consultancy launched in 2002 that provides various internet and search engine marketing consulting services, including SEO, website development, web analytics,and digital marketing strategies.
Ms. Stricchiola began studying search algorithms and digital information discoverability in 1997, and was first employed as a full-time search engine optimization (SEO) specialist in 1998. She is co-author of The Art of SEO, (O’Reilly Media, 1st Ed. 2009, 2nd Ed. 2012, 3rd Ed. 2015, 4th Ed, 2022), a treatise on the practice of SEO that has been used as required or recommended reading in courses at Georgetown University, USC, UCLA, UCSD, UC Davis, the University of Wisconsin, Syracuse University, the University of Mumbai, the City University of Hong Kong, and others.
Ms. Stricchiola has been a presenter and/or moderator at various search engine and internet industry conferences since 2002, including Ad:tech, O'Reilly's Web 2.0, Pubcon, Shop.org, FOO Camp (O’Reilly), Search Engine Strategies, Search Marketing Expo (SMX), and others. She is credited with having been the first to identify Click Fraud in the PPC (pay per click) industry in 2001. Her work on this issue has been featured in numerous media outlets, including NPR, The New York Times, The Wall Street Journal, Wired.com, CNN Money, and in The Google Story (First Edition, David a. Vise).
Litigation Support - Jessie Stricchiola has been qualified as an Internet Discoverability, Web Analytics, and Search Engine Optimization Subject Matter Expert in two US Federal District Courts, the Federal Court of Canada, and various California Superior Courts. Her services include pre-file case evaluation and research, expert consultant (non-testifying) engagements, and expert witness testimony at deposition and trial including claims construction and related testimony for patent litigation. CV available upon request
Parties to Litigation: U.S. Government, Uber Technologies Inc., Google Inc., Microsoft Online Inc., Yahoo! Inc., Dyson Technologies, Inc., IHG Hotels & Resorts, FremantleMedia, and others.
Areas of Expertise:
Internet / Web Forensics
Digital Data Discoverability
Digital Content Archives
Search Engine Visibility
Click Validity Measurement
Website Traffic Analytics
Open Source Data
Internet and Digital Marketing
Social Media - Facebook, Twitter, Instagram
Intellectual Property - Trademark, Patent, Prior Art
Three acknowledged experts in search engine optimization share guidelines and innovative techniques that will help you plan and execute a comprehensive SEO strategy. Complete with an array of effective tactics from basic to advanced, this third edition prepares digital marketers for 2016 with updates on SEO tools and new search engine optimization methods that have reshaped the SEO landscape.
Medical Product Design Expert Witness Karl Leinsing
Karl R. Leinsing, MSME, PE, President of ATech Designs, Inc., is a Professional Mechanical Engineer who specializes in Medical Device Product Development from concept to production. Mr. Leinsing has been granted over 34 patents (needle free IV valves, laparoscopic devices, needlescopic devices, suture lockers, catheters, mitral valve repair devices, knitting machines) and excels in solving the most complicated problems and design challenges. His company has a fully equipped medical lab with calibrated measurement and test equipment and all is fully documented with high quality reports with pictures and video to provide credible results and easy to understand compelling data.
The winner of five design awards, Mr. Leinsing is recognized as one of the top 100 medical device professionals in the nation by MD&DI. For dedication to his industry, he was made the 2014 Chairman of the Medical Device and Manufacturing Conference in Anaheim, CA. Mr. Leinsing has also been acknowledged for his work in a publication by Life Magazine. Mr. Leinsing offers litigation support services to the legal community. He has extensive experience with Patent and Product Liability cases including report writing, depositions, and testimony.
Experienced Medical Device Experts can assist with a case in many different ways. First, they have industry knowledge of the medical device industry and can assist with prior art in patent litigation cases for example. They understand the technology and how claim terms are understood for one skilled in the art of medical device design, testing, and manufacturing. This firsthand information can then assist with proper claim construction and infringement analysis. Experience with medical devices product development can also assist in determining what is obvious in the field and what is not as it pertains to patent validation.
SERVICES: Audio and video recording authentication, enhancement, transcription, and analysis, including body worn camera and security video recordings. Acoustic forensic analysis, including audibility of warning signals, speech - voice comparison, and gunshot - weapon recording analysis (e.g., Taser, ShotSpotter). Audio technology and patent expert witness/consultant. Forensic musicology analysis. Forensic field recording and analysis per ANSI and recognized standards.
EXPERTISE: Consultation in over 800 audio-video and acoustic forensic cases since 1987. Expert testimony over eighty times, in U.S. Federal and State courts including the United States International Trade Commission (USITC), and courts in Canada and International arbitration panels (World Bank-ICSID).
DEGREES/MEMBERSHIPS: Ph.D. UC San Diego (Computer Audio) 1987; Fellow, Audio Engineering Society (AES); Member, Society of Forensic Engineers and Scientists (SFES), Acoustical Society of America (ASA).
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.
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.
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.
Peter Crosby has over 45 years experience in the Medical Devices Industry. He has served as CEO of six medical device companies (public and private) in four countries, and has been a member of the board (including chairman of the board) of over 10 companies. Mr. Crosby is an accomplished entrepreneur and company builder, and has brought many medical device products to the world market. He is an inventor on over 50 US patents and applications.
Education includes a Bachelor of Engineering (Electrical) and Master of Engineering Science (Biomedical Engineering).
Litigation Support - Mr. Crosby has served as an expert in many cases including product liability, intellectual property (patent disputes including infringement, validity, IPR and ITC), alleged misappropriation of trade secrets, fiduciary duty of directors, and commercial contracts disputes (including commercially reasonable efforts").
Imagine this scenario: Early stage company Smallco develops an exciting new technology, which it uses to create the prototype of its first product - Brakethroo! A large company in the same field, Bigco, becomes aware of Brakethroo, and realizes that if the product works as hoped, it could be a valuable addition to Bigco's product range. Bigco offers to buy the technology and product from the shareholders of Smallco. The merger and acquisition (M&A) agreement specifies an up-front payment, and one or more payments dependent on achievement of milestones. Bigco agrees to use "commercially reasonable efforts" to achieve the milestones. Smallco and Bigco sign the agreement, the shareholders of Smallco get an immediate payout and look forward to further milestone payments.
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
Valuation of computer hardware, software and services
An property and casualty insurance agency acting as a managing general agent for several insurance lines sold through sub-agents throughout the United States had agreed to license a comprehensive agency management system from a developer of such software specifically developed for managing general agencies.
Dr. David Schaafsma, PhD has over 25 years of experience in Optical Systems, Microscopy, Fluorescence & Spectroscopy, Optical Materials, Lasers, Optoelectronics, Sensors, and Data Acquisition. Dr. Schaafsma specializes in multi-disciplinary projects primarily for the medical device field, involving optics, electronics, software, and sensors. He has worked in diverse areas such as semiconductor manufacturing, telecommunications, and biotechnology. Dr. Schaafsma has been offering expert witness services for over 10 years. He has been retained as an expert in several areas of expertise, from angioplasty catheters to retinography cameras to optical microscopes of various stripes. Dr. Schaafsma is available for consulting, testing, analysis, inspection, reports (opinion), deposition, and trial testimony.
"Experts.com is proud to announce its new member Dr. David Schaafsma. With over 25 years of experience in Optical Technology, Dr. Schaafsma is available as an expert witness and consultant in matters relating to optical engineering intellectual property patent dispute, medical device personal injury, and product performance loss of business issues. "
Mechanical Engineering Expert Witness Randy Clarksean
Randy Clarksean, PhD, PE, CFEI, CFII, is a Mechanical Engineer with over 30 years of engineering experience on a wide range of Mechanical and Thermal Systems. Specializing in Failure Analysis and Forensic Engineering, he has over 40 engineering conference and journal publications.
Dr. Clarksean is a Certified Fire and Explosion Investigator (CFEI), registered Professional Engineer (PE Idaho), and Certified Fire Investigation Instructor (CFII). He has extensive experience in the application of engineering analysis techniques for new designs or the analysis of system failures. Analysis experience includes hand calculations and spreadsheets all the way to complex three-dimensional heat transfer, fluid mechanics, and structural analysis.
Litigation Support - Dr. Clarksean offers expert witness services to attorneys for plaintiff and defendant. Services include thorough review, depositions, and trial testimony as needed. Types of cases have included personal injury, design defects, patent infringement, trade secrets, and insurance subrogation. Forensic investigations have included the review and application of engineering standards to numerous different systems (pipelines, irrigation systems, pressure vessels, HVAC systems, lithium-ion battery fires, etc.).
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.
Ray Horak provides litigation support as a consulting expert and testifying expert in cases involving the Telephone Consumer Protection Act (TCPA), product/service misrepresentation, contract disputes, and intellectual property (patent, copyright, and trademark/service mark infringement) disputes, as well as issues of taxes and fees allegedly owed to 911 districts and municipalities. Those cases have involved a broad range of technologies, including Automatic Telephone Dialing Systems (ATDSs), text messaging, cellular, DSL, E911, fax, PBX, prepaid cellular, push-to-talk (PTT), videoconferencing, VoIP, ringless voice mail and voice processing.
He also has performed numerous technical compliance reviews of the telephony systems that financial institutions and survey companies and their third party vendors employ in sales, collections, customer service and opinion polling. The objective of those engagements, several of which are ongoing, is to determine the specific nature and capacities (present, potential and theoretical) of the telephony systems (e.g., ATDS and PBX) and subsystems, the systems of record (i.e., databases), Customer Relationship Management (CRM) systems, Receivables Management (RM) systems, and any and all other peripheral systems, both premises- and cloud-based.
Ray 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. Ray authored the best-selling Communications Systems & Networks, (John Wiley & Sons), Telecommunications and Data Communications Handbook (Wiley-Interscience), and Webster’s New World Telecom Dictionary(Webster’s New World). Previously, Ray 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, Datapro, Network World, The Prepaid Press, Teleconnect, and Telecom Reseller. Ray also has served as Technical Editor for several book-length works, including Deploying Secure 802.11 Wireless Networks with Microsoft Windows (Microsoft Press, 2003).
In the context of the Facebook v Duguid decision, considering all the issues it addressed and didn’t, clarified and confused, honest and conscientious actors have to be freshly concerned about TCPA compliance. That means checking all the boxes, doubling down on all the right things, and identifying and plugging all the holes in your call center operations.
Not particularly surprising to those of us who work in the TCPA domain or are impacted by it, the published articles, blogs and such are mostly, if not all, written by attorneys in the defendants’ bar. I reckon those in the plaintiffs’ bar like to keep their opinions, musings and strategies to themselves until the litigation process begins. I provided some TCPA background and context in a previous article, TCPA: Facebook v Duguid, but will repeat some of that here to refresh your memory.
The decision of the Supreme Court of the United States (SCOTUS) in the matter of Facebook v Duguid has been perhaps the single most anticipated in the realm of the Telephone Consumer Protection Act (TCPA), at least in the last decade or so, and all over a punctuation mark - a comma, to be exact.
The Telephone Consumer Protection Act (TCPA) was passed into law in 1991. At the time, consumers were plagued by sales calls which it seemed always came at the most inconvenient times...In an effort to address a growing number of telephone marketing calls and certain other telemarketing practices...
Most of us know, at least in general terms, about the restrictions on unsolicited telemarketing calls to consumers and the national Do-Not-Call (DNC) list designed to end those annoyances...or opportunities, depending on your perspective. Just to refresh your memory, the TCPA states "It shall be unlawful for any person within the United States, or any person outside the United States if the recipient is within the United States—(A) to make any call (other than a call made for emergency purposes or made with the prior express consent of the called party) using any automatic telephone dialing system [ATDS] or an artificial or prerecorded voice
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.
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).
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.
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.
Carlo Scevola & Partners is an International Fiduciary Company headquartered in Geneva, Switzerland, with branches in six continents. We specialize in International Planning, Strategic Consulting and Wealth Management. Our clients trust us for everything from setting up an Offshore Company to Mergers and Acquisitions to Business Finance and Asset Protection.
CS&P’s customer-centric methodology ensures that each client gets a custom-tailored solution which addresses that business’ individual objectives and requirements. Our team has expertise in every functional category and every important geography. From finance to operations to human resources to marketing – from the Americas to Europe to Africa, Asia and Oceania – CS&P can bring together experienced executives who know how to advise you and will make your enterprise a success. All this while always protecting your privacy.
Services Offered: Business and Strategic Consulting
Intended as a unique source of inspiration for effective business organization and tax planning, as well as a quick and easy reference book, the Offshore Jurisdictions Guide is a comprehensive and objective guide to offshore jurisdictions offering personal taxation and business opportunities. Providing a solid overview of 100 jurisdictions around the world, this is an essential handbook for financial experts, legal advisors, consultants, and the general public.
Sam Malek is currently a Software Engineering Professor in the Informatics Department within the School of Information and Computer Sciences at the University of California, Irvine. He has over 20 years of experience in academia and industry.
Prior to his academic appointment, Prof. Malek worked for several years as a Software Engineer, Software Architect, and Programmer at a variety of companies, including the Boeing Company and PricewaterhouseCoopers Consulting.
Results of Prof. Malek's research have appeared in more than 120 manuscripts, which have been published in peer-reviewed scientific conferences and journals. These publications have been cited more than 9,000 times according to Google Scholar. Prof. Malek has received numerous awards for his scientific contributions to the field of computer science, including the ACM SIGSOFT test-of-time award (2020) and the National Science Foundation CAREER award (2013).
Litigation Support - In his capacity as an expert witness in more than 40 cases, Prof. Malek has come across and testified about a broad range of Software Technologies and Intellectual Property, including Patent Infringement, Trade Secret, Copyright, Breach of Contract, False Claims Act, Software-related Criminal Activity, and Software-related Personal Injury.
Prof. Malek has offered testimony at trial, deposition, and arbitration on more than 30 occasions. He has drafted validity, invalidity, infringement, and non-infrignement reports, and also has extensive experience with breach of contract disputes, often involving software development projects. Prof. Malek has testified in high-stakes jury trials in various US district courts and has submitted declarations and offered deposition testimony to the Patent Trial and Appeal Board (PTAB) in the Inter Partes Review (IPR) of patents. At trial, he draws on his teaching skills as an instructor to breakdown complex technical concepts in ways that can be explained to non-technical jurors.
Harry Direen, PhD, PE has over 30 years of experience as an engineer Designing and Developing Systems in the Electronics and Software Industry. He has taught engineering courses at the US Air Force Academy and at the University of Colorado. Dr. Direen currently works with a research group at the US Air Force Academy developing control systems and image processing using GPGPUs for UAVs. An inventor, he holds 3 United States patents.
Litigation Support - Dr. Direen has significant experience as an expert witness supporting counsel and testifying in complex patent infringement cases. He has a broad base of knowledge in electronic and software systems gained from a long career developing a wide range of products and systems. His litigation experience also includes encryption / decryption methods associated with databases and signal processing. Dr. Direen has reverse engineered a variety of complex systems over the years, including: media players, modems, modem compression algorithms, coriolis mass flow meters, database systems, and a range of other products to support patent infringement cases generating detailed claim charts and writing expert reports to demonstrate infringement. He has successfully discovered and analyzed complex digital signal processing algorithms and pertinent operations within these products. Dr. Direen's expertise is available to counsel representing both plaintiff and defendant. He is highly proficient in explaining complex systems to laymen.
Mark McFarland, is a licensed and Board Certified Electrical and Telecommunications Engineer. He provides expert consulting for plaintiff and defense counsel on civil and criminal cases nationwide.
Mark's practice covers a wide range of cases, typically involving electrical, electronic, software, cellular, GPS, and telecommunications evidence. He has worked with lawyers in several fields including: wrongful death, personal injury, product liability, securities fraud, homicide, sex trafficking, medical malpractice, class action, insurance claims, patent litigation, contract disputes, and more.
Mark has worked dozens of cases and testified in court for civil and criminal trials.
Many of the cases he's worked have settled on his expert report.
Contact Mark at Discovery Engineering when you have litigation involving electrical, electronic, software, cellular, or GPS evidence. Licensed & Board Certified. 720-593-1640