This document is a summary of my experiences related to intellectual property matters.

Since one of the patents is still pending and one of the cases is still in process, some of the details on these will be limited. Further, in several cases some of the details of the cases are not available due to confidentiality requirements.

Intellectual Property Related Cases

AT&T v. Microsoft
2002: I was retained by Cooley Godward (Frank Pietrantonio, partner; Stephen Neal, lead litigator) representing AT&T in the matter of AT&T Corp.,v. Microsoft Corporation, U.S. District Court for the Southern District of New York. The case involved AT&T’s allegation of speech compression patent infringement by Microsoft. Over the course of two years, I reviewed and analyzed the operation of three speech codecs. The source code (they were for codecs on Windows) was provided under a protective order during the course of discovery. I worked with the lawyers and other experts to prepare reports for the case, and provided an expert report and the analysis of a rebuttal report. I participated in the development of extensive presentation materials for my direct examination. I was deposed and testified in front of a jury over the course of two days. After the presentation of our case, the matter settled. Details of the settlement are confidential.

DSA v. Netplex
2000: I was retained by Netplex Group, Inc. (Netplex), represented by Michael Lampert of Saul Ewing, to support their defense in a suit brought against them by Data Systems Analysis, Inc. (DSA) in a contract matter. The case was known as Data Systems Analysis, Inc. Plaintiff, v. The Netplex Group, Inc., Technology Development Systems, Inc., and Xcellenet, Inc., Defendants, U.S. District Court for the District of New Jersey, Civil Action No. 97-4652 (JBS-RBK). Netplex had sold software to DSA that enabled certain kinds of inter-computer messaging. Netplex had then gone on to develop a very large and full-featured computer communications system. There was embedded in what Netplex had subsequently built a component of what had been sold to DSA; at the time of my involvement in the case this fact was not in contention. DSA was attempting to apply a formula for computing damages based on the number of lines of code. I was retained to produce an expert report suggesting more reasonable means of assessing how much of DSA’s code was in the Netplex system. My report argued that “functionality” and “effort required to create” were both better metrics than “number of lines of software” for assessment. I was deposed for several days in this case. I also provided analysis of other expert reports and assisted with preparing Netplex’s lawyers for depositions. The case was settled.

SMARTS v. Avesta
January 1998: I was hired by SMARTS, then represented by Tom Moreland at Kramer
Levin, in a patent infringement suit, SMARTS v. Avesta, U.S. District Court, Southern District of New York, 97 Civ. 8101 (RWS), and was known as System Management Arts Incorporated, Plaintiff, v. Avesta Technologies, Inc. and David Zager, Defendants. In early 2000, SMARTS retained Kenneth Rubenstein of Proskauer Rose; he was my primary contact on the case from that point forward. SMARTS held a patent in the area of automatic diagnostics of faults in communications networks. The key element of the work involved the rapid computation of the root cause of a problem based on raw streams of error messages generated by the network. SMARTS’s patent taught a very rapid method based on pre-computed lookup tables and codebooks. Avesta had a system with similar claimed capabilities but used methods from Artificial Intelligence to solve the problem. I studied the system from Avesta and produced an expert report. I participated extensively in strategy discussions and analysis sessions on all aspects of the case. I was deposed and the case was settled.

KBT v. IBM
1997: I was retained by Knowledge Based Technologies (KBT), represented by Karen Jocobs Louden of Morris, Nichols, Arsht & Tunnell, to help in their suit against International Business Machines (IBM). The case was known as Knowledge Based Technologies, Inc. v. International Business Machines Corp., United States District Court for the Southern District of New York, Case No. 96-9461 (JSR). This was a contract matter centered around the application of Fuzzy Logic techniques. I generated an expert report for this case that assessed several pieces of fuzzy logic software. I was deposed and the case was settled.

Unisys v. Corel
1997: I was retained by Taeus in much the same manner as in the Unisys v.
Rockwell case and in support of the same patent. In this case, I was reverse
engineering and documenting the operation of the CorelDraw product, using
conventional debugging technologies to document the operation of the CorelDraw
software. I produced a report that demonstrated that the software was implementing an algorithm that was substantially similar to that which was claimed by the Unisys patent. The case was settled and I was not deposed.

Unisys v. Rockwell
March 1994: I was retained by Intellectual Property Consultants Inc. (IPCI) who was representing Unisys to defend the LZW patent on lossless compression; this included patent 4,558,302. I reverse engineered the software in the Rockwell modem chipset that implements the v.42bis data compression standard. I worked in conjunction with a semiconductor laboratory to generate detailed ROM listings of the chipset as well as RAM captures of the running software. From these materials I documented the operation of the modem and provided an expert report. The research demonstrated that the Rockwell chipset was implementing an algorithm that was substantially similar to that which was claimed by the Unisys patent. My work with IPCI was done with President Arthur M. Nutter and VP of Engineering James Adams; IPCI subsequently changed its name to Taeus, located at www.taeus.com. The case was settled and I was not deposed.

Patents Awarded

US5235326: Multi-mode identification system
The multi-mode identification system is a short-range cooperative electronic identification system for use in the identification of fish, birds, animals, and inanimate objects. The system consists of readers and tags wherein a reader in the proximity of and inductively coupled to a tag may interrogate and obtain a response from the tag in accordance with a specified process if the tag belongs to a certain class of tags. The response consists of an identification code unique to the tag together with data supplied by sensors incorporated within the tag. Tags are minuscule in size and intended to be implanted within living tissue or concealed beneath the surface of inanimate objects. Communication between tag and reader is accomplished by a reader establishing a
reversing magnetic field in the vicinity of a tag and the tag varying its absorption of power from the field in accordance with the information to be transmitted. The reader detects these variations in power absorption and extracts from these variations the information transmitted by the tag. The multi-mode reader is capable of generating a magnetic field at a plurality of frequencies and is capable of extracting information in accordance with a plurality of protocols thereby permitting the reader to be used with tags of different designs and made by different manufacturers.

US5963202: System and method for distributing and managing digital video information in a video distribution network. The video distribution network system includes client configuration data, a client video buffer for storing video information, a client video driver coupled to the client video buffer for presenting a portion of the video information on a display device, a current status manager for determining current client status information indicative of the portion of video information presented, a computations engine coupled to the client video buffer and to the current status manager for forwarding a burst of video information to the client video buffer based on the client configuration data and on the client status information, and a video buffer controller coupled to the client video buffer for controlling storage of the burst in the client video buffer.

US6430531: Bilateral speech system
A speech processor that both speaks and listens uses speech recognizers as well as speech synthesizers to allow a user to engage in a verbal dialog with a data base. An element of working memory holds whatever is the context of the dialog so that the system can respond to successive requests or statements with greater and greater specificity.

US6472975: Electronic identification system with improved sensitivity
The coil in the reader that is used to establish an alternating magnetic field is transformer coupled through capacitors to a push-pull driving circuit consisting of four field-effect transistors connected in a bridge arrangement. The coil, capacitors, and coupling circuitry are maintained in a tuned condition by continually adjusting either the driving frequency, the coil inductance, or the capacitor capacitance during communications. A tag utilizes a coil to couple with the reader's alternating magnetic field and a capacitor to resonate the coil, thereby extracting power from the field more efficiently. Transformer coupling of the coil and capacitor is utilized for improved impedance matching. The coil, capacitor, and coupling circuitry can be maintained in a tuned condition by continually adjusting either the coil inductance, or the capacitor capacitance during communications. Certain configurations of the system may require that tuning maintenance be discontinued during the transmission of data.

I have one patent pending at present.