Mr. Broyles represents 14 years experience in providing expert witness and forensic examination services combined with 32+ years experience in research, design & development of computer software and electronic products to include forensic lab equipment and forensic audio/video/image software. This combination of experience gives invaluable insights into the forensic processes and application in each unique case or project. Court Qualified. Detail CV available on request.
Specializing in Recorded Evidence Analysis, Enhancement and Restoration Services of Video, Audio, Sound, Voice, Surveillance and Time Lapse Recordings; both digital and analog; through the use of custom and professional analysis systems.
Providing court qualified expert witness services to assist litigation support, public defenders, law enforcement, attorneys, government, and the general public. Since 2004. Local, nationwide and international.
Stated goal is to help you get the most from your recorded evidence. Call now to get started.
Memberships, Affiliations and Training:
Audio Engineering Society (AES)
Institute of Electronics and Electrical Engineers (IEEE)
Law Enforcement Video and Emergency Services Video Association (LEVA)
New York Institute for Forensic Audio (NYIFA)
Society of Motion Picture and Television Engineers (SMPTE)
International Association of Identification Rocky Mtn Division (RMDIAI)
Barry G. Dickey is the certified forensic expert for Audio Evidence Lab, a laboratory specializing in the Analysis of Audio / Video Evidence. Mr. Dickey has examined evidence in over 1500 cases in the USA, Canada, Mexico, Japan, Philippines and Europe. With over 20 years of experience, he has provided expert testimony in federal and state courts on issues involving audio, video, and voice identification. Utilizing DSP technology, analytical equipment, and microscopic resolution, Mr. Dickey employs scientifically accepted techniques to provide the critical evidence required in the courtroom.
He has consulted with news networks in reference to the "Osama bin Laden Tapes" and "2012 Presidential Debates" as well as tapes released by other foreign news networks. Recent cases also include "NFL Bountygate" and "Holy Land Foundation" investigations.
The recent proliferation of audio and video recordings coming from various terrorist organizations around the world presents two distinct areas of concern to the forensic examiner. This article presents information on the authenticity methodology of videotapes, including a perspective on "implied evidence" and the continuing necessity for voice identification.
Bruce E. Koenig is the senior examiner and founder of BEK TEK LLC. He has been involved in the Forensic Analysis of Audio and Video Recordings on a full-time basis since 1974. Mr. Koenig & his associates conduct forensic examinations of audio, video & still images (e.g. JPEG) media to authenticate, improve voice intelligibility, identify/classify voice and non-voice signals, and enhance video & images.
On-Site Evaluations of Acoustical Sounds and Environments
Presents Expert Testimony
Assists Attorneys in Preparing for Cross-Examination of Opposing Experts
Evaluates Appropriate Recording and Analysis Equipment
Provides Forensic Training in Audio/Video Analysis
The formal procedures for the scientific authentication of audio media in investigative matters and legal proceedings have been updated as a result of the widespread conversion from analog to digital technology since the 1990s.
Authenticity examinations of VHS (video home system) cassettes are commonly performed in forensic laboratories and can usually determine whether a submitted recording is original, continuous, and unaltered. One of the important determinations of this analysis is identifying any portions that have been recorded over
David Crowe has worked in the Telecommunications / Wireless Communications industry for almost 35 years. Internationally renown, he was lead software designer on an early cellular switch, and went on to develop industry standards for core networks, emergency services, smart cards, security, location services, international roaming, numbering systems and more. He continues to make technical contributions, and has received several awards for his work.
Mr. Crowe has consulted for leading telecom organizations including Alcatel, ATIS, AT&T Wireless, Compaq, CTIA, HP, Neustar, Qualcomm, Telcordia, Rural Cellular Association, Syniverse, and TIA. He has extensive experience in the development and implementation of wireless telecom standards, telecom protocols and also in real-time software development, particularly software related to wireless telecommunications.
Litigation Support - As an expert witness, David Crowe has testified in a variety of environments, from District Court in Chicago to County Court in Maryland to Federal Court in Australia, working in cases covering patents, other intellectual property, and business disputes. He is currently serving as an Expert Witness in US, Canadian, and Australian courts. Mr. Crowe's writing and debating skills are a big advantage both for testifying, and for report writing.
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.
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.
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 6 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
Cellular Networks (4G LTE, 3GPP, GSM)
Streaming audio, streaming video
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
Smartphones, Portable Devices
Litigation Support - Dr. Gottesman has more than 20 years of experience as an expert witness, deposed 16 times, testified 6 times in Jury trial and 2 times in ITC trial, worked on IPR and Ex Parte Reexamination petitions, and wrote numerous reports.
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, and voice processing.
He also has performed technical compliance reviews for several clients of the telephony systems they 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, Network World, The Prepaid Press, and Teleconnect. 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).
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.
Wireless Telecommunications Expert Witness Mark McFarland
Mark McFarland, PE, is a licensed Electrical Engineer and Statistician with over 20 years of extensive education and experience in electrical engineering, telecommunications, wireless, and applied research. He is currently the CEO of Discovery Engineering, as well as a communications researcher at the US Department of Commerce in Boulder, CO. His practice areas include:
Mr. McFarland is published in several national and international peer-reviewed journals and is a recognized expert by city, state and federal governments. He has been a speaker at a number of national and international technical conferences. He has performed investigations into electrical, electronic, and communications systems involving design, use, defects, equipment breakdown, and malfunctions for government, commercial, research, and liability matters.
Litigation Support - Mr. McFarland consults on cases that require the evaluation and analysis of electrical, telecommunications, wireless, and electronic systems, and other technologies. His expert witness and analytic services are available to legal, insurance, business, industry, and government clients. Mr. McFarland provides thorough reporting, depositions, and testimony services to attorneys representing both plaintiff and defendant.
David H. Williams is an internationally-known expert in the Wireless / Mobile Location field and President and Founder of E911-LBS Consulting.
Litigation Support - Mr. Williams provides the highest quality and most impactful expert witness services related to wireless location, across the full range of IP / Patent, criminal, and civil case dimensions from the most technical to those regarding business methods. His services include forensic analysis, reports, and testimony on the validity and accuracy of various types of cell phone/sensor location surveillance devices and associated tracking using GPS, Call Detail Records(CDRs), Cellebrite data extraction, and other location data sources. He is an expert in determining how social media and other mobile application usage can play a key part in various cases.
Mr. Williams has successfully provided expert witness services in over 100 patent, civil, criminal, anti-trust, and ITC cases, including several successful Inter Parte Reexaminations (IPRs) and numerous civil, criminal, and law enforcement administrative proceedings. His credentials in wireless location prior art go as far back as the early 1980s. He has been deposed 8 times and testified in arbitration proceedings and the Eastern District of Texas, winning both IPR and infringement cases. His work with both prosecution and defendants have resulted in numerous key wins/favorable outcomes. His experience is differentiated based not only the amount of experience but its type, having worked "on-the-inside" of various carriers and location-service application developers. This enables knowing the right questions to ask of such providers, and to "break through the wall" that such providers often put up in litigation.
The basis of Mr. Williams' expertise is his 30+ years in mobile/wireless communications and information technology solutions design, implementation and ongoing management, Mr. Williams has extensive experience in the activities and issues needed to get mobile location applications to market, including design at the application, system, interface / integration, network, IT, operational and customer facing levels. Mr. Williams has extensive expertise in all aspects of LBS delivery across the mobile location ecosystem including enabling network communications, location technologies / sensors, map data, geospatial platform / GIS, GPS and other location chipsets, location data management, and device, infrastructure, and integration providers. David Williams has developed and implemented industry-leading product and technology strategies and solutions for numerous LBS applications and markets and provides consulting and research services to some of the leading carriers and enterprises in the U.S., Asia, and Europe. His client list includes Apple, AT&T, FedEx, GE, GM, Google, The Houston Police Department, The Los Angeles District Attorney's Office, Samsung, Sprint, Toyota, Verizon Wireless, and numerous medium, small, and startup companies, plus numerous law firms of all sizes. He also provides support to various State Public Defenders Offices on a partial pro-bono basis.
Areas of Expertise:
Mobile Location-Based Services
Wireless 911 (E911); NG911
GPS Systems; Network-Based Location Determination Systems
Indoor Location Systems, incl. Real Time Location Systems (RTLS); RFID and other RF-based Location systems; WiFi-enabled positioning systems (WPS); Beacon-based systems; Hybrids/Combinations
Wireless Network Location Design
Location Data Privacy Protection and Data Security Design
Ian Cullimore, PhD, has over 30 years of hands-on Software and Hardware Development experience. He specializes in handheld devices, palmtops, PDAs, low power embedded systems, and Internet server technologies.
Background - Dr. Cullimore has held many employment and consulting posts as a software/hardware developer and inventor. He invented the world's first pocket PC which he licensed to Atari as the 'Portfolio'. He is also the co-inventor of the 'Poqet PC', acquired by Fujitsu. Dr. Cullimore is an experienced hi-tech CEO/CTO, yet still very hands-on with respect to architecture and coding. He has many years of experience both in the UK and California (Silicon Valley and LA) in companies ranging from small startups to large corporations, and in building and managing software and hardware teams.
An entrepreneur and start-up and young company specialist, Dr. Cullimore has helped to raise Angel and VC rounds, and has taken startups to exit. He has much experience interfacing with Boards, Investors, and sales/marketing/bizdev groups.
Litigation Support - Dr. Cullimore has a long track record as a Patent and Software / Hardware Expert Witness. His experience includes 19 cases, 16 written Expert Reports, 7 Depositions, and 1 trial. His services are available to attorneys for both plaintiff and defendant.
Jacob Sharony, PhD, MBA, has over 25 years of experience in Mobile and Wireless Technologies. He is currently an adjunct professor at Columbia University, teaching wireless technologies and applications. He also served as a faculty member of the electrical and computer engineering department and director of the Center of Excellence in Wireless and Information Technology at Stony Brook University. Dr. Sharony held engineering and management positions in diverse technology disciplines at Time Warner Cable, Motorola, BAE Systems, NEC Research Institute, and IBM Research. He has over 50 US patents (pending and issued) and has served on several government expert panels.
Litigation Support - Dr. Sharony provides Patent and Class Action litigation support and expert consulting in mobile and wireless technologies. This includes patent infringement and invalidity analysis, FRAND analysis, writing expert reports, and deposition, and testimony in court. His deep knowledge of target markets, including telecom, healthcare, logistics, transportation, government, hospitality, mobile commerce and supply chain management, combined with extensive expertise in wireless and mobile technologies ensure innovative and successful solutions.
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
Dr. Istvan Jonyer is an expert in Machine Learning, Artificial Intelligence, Smart TVs, Smart Phones, Telecommunications, Multimedia Streaming, Virtual and Augmented Reality, and High Performance Computing.
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 and the San Francisco Bay Area. 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:
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.
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.