Expert Witness | IP Counsel | Economic Analyst | AI, Big Data, Risk & Decision Modeler

Selected Accomplishments

Devised and implemented a strategy that secured a seven figure patent infringement settlement for small inventor.

Enabled divestiture of an asset blocking a merger valued over fifty billion dollars, securing clearance for the deal.

Obliterated plaintiff’s damage theory in litigation, reducing client defendant’s exposure by 99%.

Altered major oil company’s approach and behavior in political risk assessment.

Secured an assessment of zero damages for unindicted co-conspirator in a complex price-fixing case.

Conducted numerous analyses of patent damages, for both plaintiffs and defendants, under both Georgia Pacific and lost profits theories.

Explained interplay among cybersquatting laws, trademarks, computer technology, and Internet business models in simple English.

Testified as a technical infringement expert in cases disputing software copyrights and patents.

Served as an expert witness about the custom and practice of software licensing, on matters that included indemnification clauses, royalties, and technological shifts. Provided written reports and deposition testimony that helped clients settle cases on favorable terms.

Provided written reports, deposition and trial testimony on behalf of client assessing the damages incurred through government action diverting a trust fund from private hands.

Served as an expert witness for a patentee whose prior litigation counsel had generated eight figure legal fees litigating infringement claims in ways that generated zero value and legal sanctions. Helped establish the existence and amount of negligence damages separate from restitution that allowed the client to settle on favorable terms with the plaintiff and its insurer.

Served as an expert witness on the custom and practice of licensing in the software industry for a major multi-national client in a lawsuit with nine figure stakes. Submitted written expert reports and sat for a deposition. Suit settled on terms favorable to the client.

Provided expert assistance to counsel whose trade secret claim had been deemed insufficient by the trial judge. Facilitated communication between counsel and software-engineering clients necessary to describe the secrets with reasonable particularity. Obtained stipulation from opposing party that the pleading was sufficient, and yielded the result that the client had sought.

Performed numerous valuation and remedies calculations for litigation clients, ranging from parties dissolving small corporations to those valuing portfolios of intangible assets.

As a consultant to the World Bank, advised the Government of India about the steps necessary to complete the reform of their patent system. Contributed to overall study of India’s knowledge economy, the state of its innovation system, and the further reforms needed for the country to transition into the information age.

As a pro bono consultant to the Electronic Frontier Foundation, helped prepare and file an ultimately successful amicus brief in an appellate matter concerning the status of copyrighted software under the Digital Millennium Copyright Act.

Helped two major consumer goods companies gain antitrust clearance to consummate a merger worth more than $50 billion.

Advised a major research university about its internal intellectual property policy, governing the relationship among the institution, its faculty and students, and third parties with respect to the commercialization of patentable and copyrightable innovations.

Helped a Federal Appeals Court Judge prepare a dozen legal opinions deciding cases involving patents, digital copyrights, antitrust, government contracting, veterans’ affairs, tax, takings, and personnel. Worked closely with the Judge on both substance and presentation, and helped usher the opinions through the panel process to successful publication.

Wrote over forty bench memos to help a Federal Appeals Court Judge prepare for oral argument and decide cases relating to a broad range of legal issues in intellectual property, international trade, claims against the U.S. government, veterans affairs, personnel, and other areas of the law.

Integrated software engineering principles into antitrust arguments forwarded to the European Commission to aid its investigation of anticompetitive behavior in the software industry.

Investigated arguments favoring adoption of open source software by major organizations, with an emphasis on the global public sector. Advised both public and private sector clients about ways to leverage prevailing trends to effect growth.

Provided antitrust guidance to plaintiffs’ attorneys seeking to develop a major price-fixing case from secret documentary evidence.

Served as key economic advisor to lead litigation counsel in a complex antitrust matter. Client was rapidly losing market share to larger competitors who were vertically integrating into client’s market niche. Client was simultaneously engaged in a struggle to restructure its business model, business tort and antitrust litigation with one competitor, and merger negotiations with another competitor.

Advised counsel supporting a contested Internet merger about the varying economic theories of the Internet. Demonstrated the differing interpretations of those theories appropriate during and after the Internet equity bubble.

Designated as an expert witness in several litigation matters involving software and Internet firms. Provided counsel with insights into the nature of reasonable behavior inside the Internet bubble economy. Detailed the steps necessary to detect infringement of software, and the ways that such analyses differ in patent, copyright, and trade secret cases.

Testified on behalf of a client about the implications of Bayesian analysis and value of information calculations to consumer purchase decisions in advertising.

Advised a client with substantial market power in an old-line industry about the interrelationship between business models and antitrust exposure in the Internet economy. Helped configure final pre-launch projections and prices for the client’s Web product.

Assisted several Internet and software startups in the development of their preliminary business plans. Stressed the need for realistic forecasts of adoption rates and revenue models.

Weighed the federal interest in unencumbered markets against a State’s rights and interests in the regulation of alcohol on behalf of a client seeking to change state liquor laws.

Coordinated the economic analyses and data management tasks for unindicted price fixing co-conspirator. Analyzed the relationships among alleged behavior, transactional data, and antitrust and trade law. Jury found client liable but assessed zero damages.

Modeled and simulated the interrelationships among pending environmental regulations, engineering technology, energy demand, and real options markets. Guided client electric utility’s decisions about capital investments exceeding a half-billion dollars.