INFRINGEMENT AND TRADE SECRET LITIGATION
Expert witness and technical consultant to Michael Best & Friedrich LLP in
2014-15 on behalf of Agis Automatisering B.V. of the Netherlands in connection
with patent litigation in the U.S. District Court for the Western District of
Wisconsin. Technology relates to motion sensors and algorithms for detecting
behaviors, rumination and estrus of dairy cows via telemetry. Plaintiffs are
VocalTag Ltd. and SCR Engineers Ltd. of Israel. Provided expert reports relating
to invalidity, non-infringement and defended same in deposition. A judgment was
entered in favor of defendant Agis Automatisering B.V., granting summary
judgment of non-infringement and no willful infringement, dismissing without
prejudice defendant's counter claims for declaratory judgment of invalidity
and dismissing the case. The U.S. Court of Appeals for the Federal Circuit
affirmed the U.S. District Court decision in 2016..
Retained in 2013 by Kenyon & Kenyon LLP of New York City on behalf of respondents, Lenovo (United States) Inc. and Lenovo Group Ltd. of Hong Kong in patent infringement litigation relating to optical disc drive servo technology, “Certain Optical Disc Drives, Components Thereof, and Products Containing the Same,” in the U.S. International Trade Commission. Complainant is Optical Devices, LLC.
Expert witness and technical consultant to Pillsbury Winthrop Shaw Pittman LLP of McLean, Virginia on behalf of Pegasus Technologies in 2012 in patent infringement case relating to electronic pen and handwriting capture technology, Epos Technologies Ltd. and Dane-Elec v. Pegasus Technologies Ltd. and Luidia Inc. in the U.S. District Court for the District of Columbia. Provided expert reports regarding validity and infringement of the six patents-in-suit and defended same in deposition.
Expert witness and technical consultant to Perkins Coie LLP of Denver and Phoenix in 2011 in TriQuint Semiconductor v. Avago Technologies in U.S. District Court for the District of Arizona and
in Avago Technologies v. Aigner and Fattinger in U.S. District Court for the Middle District of Florida. Provided expert rebuttal reports regarding alleged trade secret misappropriation and testimony in depositions and also served as a 30(b)6 witness on behalf of TriQuint. Technology relates to bulk acoustic wave (BAW) device technology used in RF wireless communications and to MATLAB programming. Case settled out of court with a favorable settlement for the client and IP cross licenses.
Expert witness and technical consultant to Kasowitz, Benson, Torres & Friedman LLP of San Francisco in 2011 and Weil, Gotshal and Manges LLP of Redwood Shores, California in 2010 on behalf of defendants in patent infringement case relating to disk drive technology, Convolve, Inc. v. Dell, Inc., Western Digital Corp., Hitachi Global Storage Technologies, and Hitachi Ltd. in U.S. District Court for the Eastern District of Texas, Marshall Division. Provided an expert report on invalidity on behalf of Hitachi, Western Digital and Dell, and provided an expert report regarding non-infringement on behalf of Hitachi. Technology relates to servo control and end user interface technology for seek acoustic noise reduction in disk drives. Provided testimony in deposition and at the trial in U.S. District Court for the Eastern District of Texas, Marshall Division in which plaintiff sought nearly $200 million in total damages.
Hitachi, Dell and Western Digital obtained favorable jury verdicts by being assessed a total of less than three percent of that sought.
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