C.W. Communications, Inc. v. International Research
Service, Inc., Civil Action No. 84-890, (W.D. Pa. 1984), aff'd. Case No. 88-3331
(3d Cir., Oct. 31, 1988). Dr. Shamos testified
for plaintiff publisher as to the fame of its "Computerworld" trademark. Result: permanent
injunction against defendant. Judge McCune's Memorandum and Order states.
"We accept the conclusion drawn by Dr. Shamos."
E.F. Hutton, Inc. v. Gipson (W.D. Pa. 1985).
Dr. Testified for defendant-counterclaimant physician as to fraud in the inducement by a computer hardware supplier.
Plaintiff had provided capital financing for the purchase.
Result: defendant was awarded compensatory damages + $250,000 punitive damages.
In re Comprehensive Business Systems,
119 B.R. 573 (S.D. Ohio 1990). Testified for a
secured creditor in a bankruptcy case in which the creditor sought to
obtain software still in development for which it had advanced over $2
million in funding. Dr. Shamos opined as to the value of the
incomplete software. Result: the creditor was able to purchase the
software from the Trustee for $67,500. The Court referred in its
opinion to "the testimony of the eminent and impressive Dr. Shamos."
Levinson Steel Co. v. American Software, Inc. et al.,
Civil Action No. 96-282, W.D. Pa. (1996). Testified for plaintiff
concerning bad faith estimates of computer processing capacity resulting
in delivery of an inadequate system. Result: settlement in
favor of plaintiff in an undisclosed amount. Contact: Reed Smith LLP,
435 Sixth Ave., Pittsburgh, PA 15219.
ASE Limited v. INCO Alloys International, Inc., Civil
Action No. 98-1266, (W.D. Pa. 1998). Testified for defendant concerning
breach of computer services contract by declaratory judgment plaintiff. Result:
determination that defendant was free to seek services from a different vendor.
Twentieth Century Fox Film Corp. v. iCraveTV., 53
U.S.P.Q. 2d 1831 (W.D. Pa. 2000). Testified for Plaintiffs concerning Internet
technology used to stream video from U.S. TV stations through web sites in Canada.
Result: TRO and preliminary injunction issued against defendants prohibiting continued
infringement in the U.S. Contact:
Gregory Jordan, Esq.,
Reed
Smith LLP, 435 Sixth Ave., Pittsburgh, PA 15219
Invited testimony before the British House of Lords,
Subcommittee B of the European Union Committee, April 20, 2000. Subject: European
regulation of eCommerce. View testimony.
Universal Studios, Inc. v. Reimerdes, 111 F. Supp. 2d
294 (S.D.N.Y. 2000), aff'd 273 F.3d 429 (2d Cir. 2001). Served as an
expert for plaintiff movie studios concerning accused
software for decrypting DVDs in the first case interpreting the Digital Millennium
Copyright Act. Result: permanent injunction issued in favor of plaintiffs on August
17, 2000. Contact:
William Hart, Esq.,
Proskauer Rose LLP. View testimony. View opinion. View appellate
opinion.
MercExchange, L.L.C.
v. eBay, Inc. et al., Case No. 2:01-CV-736 (E.D. Va. 2001).
Served as an expert for defendant eBay
in an infringement case concerning U.S. Patent
6,202,051 for Internet
auctions. Following Dr. Shamos' reports, Defendants obtained
a summary judgment of noninfringement of the subject patent.
On the other patents, the case went to the U.S. Supreme Court, which
ruled that injunctions are not automatic in patent cases. Contact:
Tim
Teter, Esq., Cooley Godward Kronish LLP.
Powerquest Corp.
v. Quarterdeck Corp. et al., Case No. 2:97-CV-0783 (D. Utah 1997).
Served as an expert for plaintiff PowerQuest
in an infringement case concerning U. S. Patents
5,675,769 and
5,706,472 for
a method of resizing hard disk partitions. Dr. Shamos testified at the Markman hearing. Case settled when one of the defendants acquired
plaintiff. Contact:
Gregg
Anderson, Esq., Knobbe Martens,
Olson & Bear, LLP.
Sightsound.Com Inc. v. N2K Inc. et al.,
C.A. 98-118 (W.D. Pa. 1998). Served as an expert for defendants,
including a subsidiary of Bertelsmann AG, concerning validity of U.S. Patents
5,191,573
and 5,966,440
for distribution of digital audio via telecommunications lines. Case
settled. Contact: Steven M. Hayes,
Esq., Parcher, Hayes &
Snyder, 500 Fifth Avenue, New York, NY 10110.
Freemarkets, Inc. v. B2eMarkets, Inc.,
C.A. 02-162-SLR (D. Del. 2002). Served as an expert witness for
plaintiff concerning infringement of U.S. patents
6,216,114
and 6,223,167,
concerning methods of conducting electronic auctions. Case settled two
weeks after expert attended a demonstration of the accused product.
Contact: D. Michael
Underhill, Esq., Boies,
Schiller & Flexner, LLP, Washington, DC.
Lifecast.com, Inc. v.
ClubCorp, Inc., AAA
Case No. 71Y1170076301 (Dallas, TX). Served as an expert witness for
respondent in a case alleging copyright infringement of Internet websites.
Testified at arbitration. Result: Complainant's claims denied; award for respondent on counterclaims
and for attorney's fees. Contact:
Bill
Whitehill, Esq., Gardere Wynne Sewell
LLP, 1601 Elm St., Dallas, TX 75201.
IP Innovation LLC v. Thomson Learning, Inc.
et al., Case H-02-2031 (S.D. Tex. 2002). Served as a expert for
defendant The Princeton Review, Inc. concerning alleged infringement of U.S.
Patent 4,877,404
relating to online delivery of educational courses. Summary judgment
of non-infringement obtained for defendant after favorable Markman
proceeding.
Contact: Peter Vogel, Esq., Gardere
Wynne Sewell LLP, 1601 Elm St., Dallas, TX 75201.
Starpay.com LLC et al. v. Visa
International Service Association et al., Case 3-03-CV-976-L (N.D.
Tex. 2003). Served as an expert for defendant Visa concerning alleged
infringement of U.S. Patent
5,903,878
relating to online authentication of credit card customers. Dr. Shamos
provided the court with a Markman tutorial in 2004 and a non-infringement
and invalidity declaration in 2008. Case settled in February 2008. Contact:
Stanley Young, Esq.,
Covington & Burling LLP,
333 Twin Dolphin Drive, Suite 700, Redwood Shores, CA 94065.
Safeclick LLC v. Visa International Service
Association et al., Case C-03-5865 (N.D. Cal. 2003). Served as an
expert for defendant Visa concerning alleged infringement of U.S. Patent
5,793,028
relating to online authentication of credit card customers. Summary
judgment of noninfringement granted for Visa based on expert reports,
affirmed after appeal to the Federal Circuit. Contact:
Stanley Young, Esq.,
Covington & Burling LLP,
333 Twin Dolphin Drive, Suite 700, Redwood Shores, CA 94065.
Wells Fargo Bank
Minnesota, NA et al. v. UBS Warburg Real Estate Securities, Inc.,
Case 02-2849 (192d Judicial District, Dallas Cty., Tex, 2002) and LaSalle
Bank, NA et al. v. UBS Warburg Real Estate Securities, Inc., Case 02-2899-G
(134th Judicial District, Dallas Cty., Tex, 2002). Served as an
expert for defendant UBS Warburg in an electronic discovery matter involving
a case of first impression regarding Texas Discovery Rule 196.4 allocating
costs of discovery of electronic records. Status: pending.
Contact: Dawn Estes, Esq., Gardere
Wynne Sewell LLP, 1601 Elm St., Dallas, TX 75201.
American
Association of People with Disabilities et al. v. Shelley et al.,
Case No. CV04-1526 FMC (PJWx) (C. D. Calif., 2004). Served as an
expert for plaintiff AAPD, which has brought a claim against the California
Secretary of State that requiring DRE voting machines to be equipped with
audit trails violates the rights of disabled persons. Plaintiffs'
application for TRO and preliminary injunction denied. Contact:
John
McDermott. Esq., Howrey LLP, 550 South Hope St., Suite 1100, Los Angeles, CA 90071.
Paul Ware v. Target Corp.,
CA 4:03-CV-0243-HLM (N.D. Ga., 2003). Served as an expert for
defendant Target Corp., a large retailer, in a case involving U.S. patent
4,707,592, claiming a method of conducting credit card sales. Case
settled during Markman preparations. Contact:
Thomas
Burke, Esq., Ropes & Gray LLP,
1211 Ave. of the Americas, New York, NY 10036.
Viad Corp., v. C. Alan
Cordial et al., No. 03-1408 (W.D. Pa., filed 2003).
Served as an expert for defendants in an action alleging
misappropriation of trade secrets relating to software for automating
certain aspects of the exhibit booth and trade show industries.
Status: case settled immediately before trial, after plaintiff's
unsuccessful Daubert challenge of Dr. Shamos. Contact:
Barbara Scheib, Esq.,
Cohen & Grigsby, P.C., 11 Stanwix
Street, Pittsburgh, PA 15222.
Schade et al. v.
Maryland State Bd. of Elections et al., Case No. C0497297 (Cir.
Ct. Anne Arundel Cty. Md., 2004). Serving as an expert
for defendants in a case challenging the decision of the Board of
Elections not to decertify Diebold AccuVote system. Result:
Plaintiff's motion for preliminary injunction denied, upheld on appeal. Judge Manck's
opinion cites Dr. Shamos' testimony as
follows: "the court finds Dr. Shamos, Defendants' expert, to be the true
voice of reason and the most credible expert in this matter."
The denial of preliminary injunction was upheld by the Maryland Court of
Appeals, which commented extensively on Dr. Shamos' testimony in its
opinion.
Remainder of case is pending. Contact:
Michael
Berman, Esq., (formerly Maryland Deputy Attorney General),
Rifkin, Livingston,
Levitan & Silver, LLC.
Wexler et al.
v. Lepore et al., Case No. 04-80216 (CIV-COHN) (S.D. Fla. 2004) .
Served as an
expert for defendants, various Florida election supervisors against claim by
U.S. Congressman Robert Wexler that use of DRE voting machines without paper
audit trails violates the equal protection clause of the U.S.
Constitution. Dr. Shamos testified on Oct. 19, 2004. The trial
judge rendered
judgment in favor of defendants on Oct. 25. Contact:
Jason Vail, Esq., Assistant Attorney General, Department of Legal
Affairs, The Capitol, Tallahassee, FL 32399-1050.
Opinion.
Siemens Information and Communication
Networks, Inc. v. Inter-Commercial Business Systems, Inc., Civil Action 3-03CV2171-L (N.D. Tex. 2004).
Served as an expert for defendant against claim of copyright infringement
based on reverse-engineered firmware resident in telephone switching
systems. Status: case settled shortly after the submission of Dr. Shamos's rebuttal report on non-infringement. Contact: Bill
Whitehill, Esq., Gardere Wynne Sewell
LLP, 1601 Elm St., Dallas, TX 75201.
Soverain Software LLC
v. Amazon.com, Inc., C.A. No. 6:04-CV-14 (E.D. Tex. 2004).
Served as an expert for plaintiff regarding asserted patents
5,708,780,
5,715,314 and
5,909,492, relating to the shopping cart paradigm of electronic
commerce. Status: settled in Sept. 2005 with Amazon paying
$40 million to Soverain and taking a license under the patents in suit. Contact:
Thomas L. Giannetti, Esq.,
Jones Day, 222 E. 41st St., New
York, NY 10017.
CollegeNET, Inc. v. The
Princeton Review, Inc., Case '051205KI (D. Ore. 2005). Served as a expert for
defendant The Princeton Review, Inc. concerning alleged infringement of U.S.
Patent
6,460,042 relating to online delivery of educational courses.
Case settled in December 2007.
Contact: Peter Vogel, Esq., Gardere
Wynne Sewell LLP, 1601 Elm St., Dallas, TX 75201.
CombineNet, Inc. v. Verticalnet. Inc.,
GD 05-018911 (Ct. Common Pleas, Allegheny Cty., PA). Served as an
expert for plaintiff in an action for trade secret misappropriation
relating to a system for conducting electronic auctions. Plaintiff
won in arbitration. Contact:
Mark Knedeisen, Esq.,
Kirkpatrick
& Lockhart Preston Gates Ellis LLP, 535 Smithfield
Street, Pittsburgh, PA 15222-2312.
RealSource, Inc. v.
Best Buy Co., Inc. et al., No. A04-CA-771-LY (W.D. Tex.).
Served as an expert for defendant Lowe's Companies, Inc., against a
claim of infringement of U.S. patent
5,732,136 relating to validation of point-of-sale debit card
transactions. Provided a tutorial to the Court during Markman proceedings concerning debit card technology.
Defendants won summary judgment of non-infringement, affirmed by the Federal Circuit. Defendants Lowe's settled and
was not
involved in the appeal. Contact:
Michael S. Connor, Esq.,
Alston & Bird LLP,
Bank of America Plaza, 101 South Tryon St, Suite 4000, Charlotte,
NC 28280-4000.
DE Technologies, Inc. v.
Dell, Inc. et al., No. 7:04-CV-00628 (W.D. Va.).
Served as an expert for plaintiff DE Technologies, Inc., asserting a
claim of infringement of U.S. patents
6,460,020 and
6,845,364, relating to a system for implementing international
sales transactions. Case settled after and adverse summary
judgment. However, the Court used Dr. Shamos' testimony in its
opinion. Contact:
David Marder, Esq.,
Robins Kaplan Miller & Ciresi LLP,
800 Boylston Street, 25th Floor, Boston, MA 02199.
Eaton Power Quality Corp. v. J.T. Packard
& Associates, No. 05 C 3545 (N.D. Ill. 2005). Served as
expert for plaintiff in a claim of software copyright infringement
involving a system for configuring industrial uninterruptible power
supplies. Case settled in early 2007. Contact:
Keith Schoeneberger, Esq.,
Dewey & LeBoeuf, Suite 1175, 180 North Stetson Ave., Chicago, IL 60601-6783.
Taylor et al. v.
Onorato et al., CA 06-481 (W.D. Pa 2006). Served as an expert
for Commonwealth of Pennsylvania defendants in an action seeking to
enjoin the use of electronic voting machines in Allegheny County, PA.
Dr. Shamos testified at length in a preliminary injunction hearing held
April 25-27, 2006 before Judge Lancaster. The injunction was denied on April 28.
Suit was subsequently dropped by plaintiffs. Contact:
Mark Aronchick, Esq.,
Hangley Aronchick Segal & Pudlin,
One Logan Square, 18th & Cherry Streets, 27th Floor, Philadelphia, PA
19103.
FedEx Ground Package
System, Inc. v. Applications International Corp., CA No. 03-1512 (W.D.
Pa.). Serving as an expert for defendant counterclaiming for
copyright infringement and trade secret misappropriation relating to
software for maintaining occupational health and safety records.
Case is pending. Contact:
Ronald
Hicks, Esq., Meyer, Unkovic & Scott
LLP, 1300 Oliver Bldg., Pittsburgh, PA 15222.
NetMoneyIN, Inc. v. Verisign, Inc. et al.,
Cv-01-441-TUC-RCC (D. Ariz.). Served as an expert for defendants
Bank of America Merchant Services, Inc. and Wells Fargo Bank, N.A., who
are accused of infringing claim 23 of U.S. patent
5,822,737, relating to an electronic payment system. Wells
Fargo and Bank of America have settled. Contact:
Robert
Smith, Esq., Kirkpatrick
& Lockhart Preston Gates Ellis LLP,
State Street Financial Center, One Lincoln Street, Boston, Massachusetts
02111-2950.
Contois Music
Technology, LLC v. Apple Computer, Inc., 2:05-CV-163 (D. Vermont,
filed Feb. 13, 2006). Served as an expert for plaintiff in an
action alleging that the Apple iTunes software infringed U.S. patent
5,864,868, relating to a method for selecting music from am
electronic catalog. Case settled after a favorable Markman order.
Contact: John Rabena, Esq.,
Sughrue Mion, PLLC,
2100 Pennsylvania Avenue, NW, Suite 800, Washington, DC
20037-3213.
Banfield et al. v.
Cortes, 442 MD 2006 (PA Cmwlth. Ct.). Serving as an expert for
defendant Secretary of the Commonwealth of Pennsylvania in an action to
compel the decertification of all electronic voting machines in
Pennsylvania. Case is pending. In February 2008
Defendant successfully repelled an emergency motion for preliminary
injunction. Contact:
Alan Promer, Esq.,
Hangley Aronchick Segal & Pudlin,
One Logan Square, 18th & Cherry Streets, 27th Floor, Philadelphia, PA
19103.
Remote Inventory
Systems, Inc. v. WESCO Distribution, Inc., AAA Case No. 55 171 00493
05 (Pittsburgh, PA). Served as an expert for respondent in a case
alleging misappropriation of trade secrets in a computerized inventory
system. Contact:
Kirsten Rydstrom, Esq., Reed
Smith LLP, 435 Sixth Ave., Pittsburgh, PA 15219.
SyncSort, Inc. v.
Innovative Routines International, Inc., Civil Action No.
04-3623 (WHW) (D. New Jersey). Serving as an expert witness for
defendant in an action alleging misappropriation of trade secrets
embodied in plaintiff's Unix sorting software. Case is pending.
Contact:
David R. Fine, Esq.,
Kirkpatrick
& Lockhart Preston Gates Ellis LLP, 17 N. Second Street,
18th Floor, Harrisburg, PA 17101-1507.
Digital Impact, Inc.
v. Bigfoot Interactive, Inc., Civil Action C05 00636 (CW) (N.D.
Cal.). Served as an expert witness for defendant in an action
alleging infringement of U.S. Patent
6,449,634, relating to determining which file formats can be
processed by an email client. Result: defendant obtained
summary judgment of non-infringement, upheld by the Federal Circuit. Contact:
Arthur Dresner, Esq.,
Duane Morris LLP, 1540 Broadway, New York, NY 10036.
Prism Technologies LLC
v. Verisign, Inc. et al., CA 05-214-JJF (D. Del.). Served as
an expert for plaintiff in an action alleging infringement of U.S.
Patent
6,516,416, relating to use of a hardware key for authentication over
networks. Defendants prevailed on summary judgment of
non-infringement, which was upheld on appeal. Contact:
Robins Kaplan Miller & Ciresi LLP.
AdvanceMe, Inc.
v. Rapidpay LLC et al., Civil Action 6:05-cv-424 LED (E.D. Tex., Tyler
Division). Served as an expert witness for plaintiff in an action
alleging infringement of U.S. Patent
6,941,281, relating to an automated payment system for dividing
credit card proceeds between a merchant and another party.
Testified at a bench trial in July 2007 before Judge Davis, who held the
patent infringed but invalid for obviousness. Contact:
Ronald S. Lemieux, Esq.,
Paul, Hastings, Janofsky & Walker LLP, Five Palo Alto Sq., Palo
Alto, CA 94306.
IBM Corp. v. Amazon.com, Inc., CA 9:06-CV-242-RHC (E.D. Tex., Lufkin Div.) and
IBM Corp. v. Amazon.com, Inc., CA 6:06-CV-452-LED (E.D. Tex.,
Marshall Div.). Served as an expert for IBM in related actions
alleging infringement of U.S. Patents
5,319,542,
5,442,771,
5,446,891,
5,796,967
and
7,072,849, all concerning methods of conducting electronic
transactions, and a counterclaim for infringement of U.S. Patent
5,826,258, concerning a method for querying semistructured data.
Case settled early in discovery when the parties cross-licensed each
other's patents. Contact:
Mark Ziegelbein, Esq.,
Jones Day, 2727 North Harwood
Street, Dallas, TX 75201-1515.
The MathWorks, Inc. v.
COMSOL AB et al., CA 6:06-CV-334 (E.D. Tex., Tyler Division).
Served as an expert for plaintiff The MathWorks, providers of the mathematical
software system MATLAB, in an action alleging copyright infringement and infringement of U.S.
Patents
7,051,338 and
7,181,745 concerning methods for invoking object
methods from external environments. After trial, the case settled
with defendant admitting infringement, paying $12,000,000 in damages and
waiving appeal rights.
Contact: Krista Schwartz,
Esq., Jones Day, 77 W. Wacker
Dr., Chicago, IL 60601-1692.
Avante Int'l.
Technology Corp. v. Diebold Election Systems et al., Case 4:06-CV-0978
TCM (E.D.
Mo., Eastern Division).
Served as an expert for defendants Sequoia Voting Systems and Premier
Election Systems in an action alleging infringement of U.S.
Patents
6,892,944,
7,036,730 and
7,077,313 concerning
electronic voting technology. Dr. Shamos testified at a 5-day
trial in February 2009. Result: The jury found Plaintiff's
asserted claims invalid as anticipated and obvious.
Contact:
Peter Ewald,
Esq., Oliff & Berridge, PLC,
277 South Washington Street, Suite 500, Alexandria, VA 22314.
ACLU of Ohio et al. v.
Brunner et al., Case 1:09 CV 0145 (N.D. Ohio 2008). Served as
an expert witness in an action alleging that the use of central count
optical scan voting should not be permitted in Cuyahoga County, as had
been ordered by the county board of elections. A preliminary
injunction was denied in February 2008. The case became moot and
was dismissed in May 2008 when the Ohio Legislature granted by statute
the relief requested by plaintiff, prohibiting the use of central count
opscan in Cuyahoga County.
Contact: Meredith Bell-Platts, Esq.,
ACLU Voting Rights Project, 2600 Marquis One Tower, Atlanta, GA
30303.
Ariba, Inc. v. Emptoris, Inc., Civil Action 9:07-CV-90-RHC (E.D. Texas 2007).
Served as an expert for Ariba in an action alleging infringement of
U.S. Patents
6,216,114 and
6,499,018, relating to the conduct of electronic auctions.
Dr. Shamos testified in a jury trial on infringement and validity.
Result: verdict finding all asserted claims valid and willfully infringed. Contact:
Robert Fram, Esq.,
Covington & Burling
LLP, One Front St., San Francisco, CA 94111.
EpicRealm Licensing,
LP v. Autoflex Leasing Inc. et al., CA 5:07-CV-125 (E.D. Texas 2005).
Served as an expert for defendant Herbalife International of America,
Inc. in an action alleging infringement
of U.S. patents
5,894,554 and
6,415,335, relating to a system for
managing generation of dynamic Internet web pages. All defendants
have settled. See also the Oracle case below. Contact:
Ognian
Shentov, Esq.,
Jones Day, 222 E. 41st St., New
York, NY 10017. Also served as an expert for defendant
FriendFinder in a separate trial in this action. After a jury trial
before Judge Folsom, the
patents were found valid and infringed, but the jury awarded only $1.1M, the
smallest amount testified to by defendant's damages expert. Contact:
Michael J.
Sacksteder, Esq.,
Fenwick & West LLP, 555 California
St., San Francisco, CA 94104.
Oracle Corporation v. EpicRealm Licensing,
LP, CA 2-06-414 (D. Del. 2006).
Served as an expert for Oracle in a declaratory judgment alleging
invalidity
of U.S. patents
5,894,554 and
6,415,335, relating to a system for
managing generation of dynamic Internet web pages. The patents are
the same as those in the EpicRealm case, above. Oracle obtained
summary judgment of non-infringement, now on appeal to the Federal Circuit. Contact:
Theodore Herhold. Esq.,
Townsend and Townsend and Crew, LLP,
379 Lytton Ave., Palo Alto. CA 94301.
Saulic v. Symantec Corporation et al.,
Case No. SA CV 07-610 AHS (C.D. Cal., Santa Ana Division, 2007).
Served as an expert for defendant Symantec in a removal action alleging
violation of California Civil Code §1747.8, relating to the collection
of personal identification information in connection with credit card
transactions. Contact:
Chad Fuller, Esq.,
Foley & Lardner
LLP, 11250 El Camino Real, Suite 200, San Diego, CA 92130.
Gusciora et al. v.
McGreevey et al. (now Gusciora v. Corzine), Docket No.
MER-L-2691-04 (N.J. Super., Mercer County). Served as an expert
for defendants, including the Governor and Attorney General of New
Jersey, in a case alleging that the state's AVC Advantage voting
machines are unconstitutionally insecure. A bench trial was held
from January-May, 2009 before Judge Linda Feinberg.
The Court's
opinion adopts Dr. Shamos' testimony and comments on it extensively. Contact: Leslie Gore, Esq., Asst. Atty. Gen'l., 25 Market Street, P.O.
Box 112, Trenton, NJ 08625.
MOAEC, Inc. v. Pandora
Media, Inc. et al., Case No. 07-cv-654-bbc (W.D. Wisc.).
Served as an expert for plaintiff in a case alleging infringement of
U.S. Patents
5,969,283,
6,232,539,
6,953,886 and
7,205,471, relating to systems for organizing and retrieving digital
music. Two defendants obtained summary judgment of noninfringement;
the remaining defendant settled. Contact:
Joshua Krumholz, Esq.,
Holland & Knight, LLP,
10 St. James Avenue,
11th Floor,
Boston, MA
02116.
Web.com, Inc. v. The
Go Daddy Group, Inc., Case No. CV07-01552-PHX-MHM (D. Ariz.).
Served as an expert for defendant in a case alleging infringement of
U.S. Patents
6,654,804,
6,789,103,
6,842,769 and
6,868,444, relating to methods for managing configuration of web
servers and provision of Internet services. Case has settled. Contact:
Richard Frenkel, Esq.,
Wilson Sonsini Goodrich &
Rosati,
650 Page Mill
Road, Palo Alto, CA 94304.
Hummel et al. v. Dynacraft BSC, Inc. et
al., Case No. CV 052214 (Cal. Super. Marin Cty.). Served as
an expert for defendants in an action alleging breach of contract for
web hosting services. Dr. Shamos provided four hours of trial
testimony. Result: verdict for the defense. Contact:
Joe B.
Harrison, Esq., Gardere Wynne
Sewell LLP, 1601 Elm St., Suite 3000, Dallas, TX 75201.
Tegg Corp. v.
Beckstrom Electric Co. et al., Civil Action No. 2:08-CV-00435-NBF (W.D.
Pa.).
Served as an expert for defendants in a case alleging infringement of
copyright in computer software for administering field maintenance of
electrical equipment. Case has settled. Contact:
Richard Kelley, Esq.,
Reed Smith LLP, 3110
Fairview Park Drive, Suite 1400, Falls Church, VA 22042.
Cordance Corporation v.
Amazon.com, Inc., Civil Action No. 06-491-MPT (D. Del.).
Serving as an expert for plaintiff in a case alleging infringement of
U.S. Patents
5,862,525,
6,088,717 and
6,757,710, relating to an infrastructure for conducting online
transactions. In August 2009 a jury found one patent valid but not
infringed and another infringed but invalid. Contact:
Robert Abrahamsen, Esq.,
Wolf, Greenfield & Sacks, P.C., 600 Atlantic Avenue, Boson, MA 02210.
Anthurium Solutions, Inc. v.
MedQuist, Inc. et al., Case No. 2:07-vcv-484 (DF/CE) (E.D. Texas).
Served as an expert for plaintiff in a case alleging infringement of
U.S. Patent
7,031,998, relating to a distributed workflow system. Case
settled ten days after responsive expert reports were served. Contact:
Joshua Krumholz, Esq.,
Holland & Knight, LLP,
10 St. James Avenue,
11th Floor,
Boston, MA
02116.
Performance Pricing, Inc. v.
Google, Inc. et al., Case No. 2:07-cv-432(LED) (E.D. Texas).
Served as an expert for defendant Yahoo! in a case alleging infringement
of U.S. Patent
6,978,253, relating to determining prices for items sold online.
Case has settled as to defendant Yahoo!. Contact:
Michael A.
Jacobs. Esq., Morrison & Foerster LLP,
425 Market Street, San Francisco, CA 94105.
Now serving as an expert for remaining defendants Google
and AOL. Contact:
David A. Perlson. Esq., Quinn
Emanuel Urquhart Oliver & Hedges, LLP,
50 California Street, San Francisco, CA 94111.
CBS Interactive, Inc.
v. Etilize, Inc., Case No. C -6-05378 (MHP) (N.D. Cal.).
Served as an expert for plaintiff in a case alleging infringement of
U.S. Patents
6,714,933 and
7,082,426, relating to web crawling technology to aggregate product
information. Defendant consented to an injunction against further
infringement and the case settled. Contact:
Glenn E. Westreich, Esq.,
Winston & Strawn, LLP, 101
California Street, San Francsico, CA 94111.
Geographic Services,
Inc. v. Anthony Collelo, Case 2008-9961 (Fairfax Cty., Va.)
Served as an expert for plaintiff in a case alleging misappropriation
of trade secrets involving determining and proofing geographic names as
applied to maps and satellite imagery. Case was dismissed by Judge
Ney on technical legal grounds at the close of Plainitff's case. Contact:
Mark Wasserman, Esq.,
Reed Smith LLP, 3110
Fairview Park Drive, Suite 1400, Falls Church, VA 22042.
ODS Technologies, LP v. Magna Entertainment
Corp, et al., CV 07-03265 DDP (D. Del.). Serving as an
expert for defendants in a case alleging infringement of U.S. Patents
5,830,068,
6,004,211,
6,089,981,
6,554,709 and
7,229,354, relating to off-track wagering systems and methods for
restricting wagering based on location. Case is pending.
Contact:
Virginia DeMarchi, Esq., Fenwick &
West, LLP, 801 California Street,
Mountain View, CA 94041.
Gannett Satellite Information Network,
Inc. v. Office Media Network, Inc., C.A. No. 08-96-GMS (D.Del.).
Serving as an expert for defendant in a case alleging infringement of
U.S. Patents
6,288,688,
6,622,826,
6,981,576 and
7,270,219, relating to display of advertising information on screens
in elevators. Case settled shortly after Dr. Shamos's deposition. Contact:
Steven R. Trybus,
Esq., Jenner & Block LLP, 330
N. Wabash Avenue, Chicago, IL 60611.
Avante Int'l.
Technology Corp. v. Premier Election Solutions et al., Case
4:06-CV-091367-ERW (E.D.
Mo., Eastern Division).
Served as an expert for defendants Sequoia Voting Systems and Premier
Election Systems in an action alleging infringement of U.S.
Patents
7,422,150,
and
7,431,209 concerning
electronic voting technology.
Case settled in December 2009. Contact:
Peter Ewald,
Esq., Oliff & Berridge, PLC,
277 South Washington Street, Suite 500, Alexandria, VA 22314.
Accenture Global Services GmbH et al. v.
Guidewire Software, Inc., Civ. No. 07-826-SLR (D. Del.).
Serving as an expert for Accenture in a case alleging misappropriation
of trade secrets and infringement of U.S. Patents
7,013,284 and
7,017,111, relating to automated insurance claim handling.
Case is pending. Contact: L.
Scott Oliver, Esq., Morrison & Foerster LLP,
755 Page
Mill Road, Palo Alto, CA 94304.
Alexsam, Inc. v. Evolution Benefits, Inc.
et al., Case No. 2:07cv288-TJW (E.D. Texas). Served as an
expert for plaintiff in a case alleging infringement of U.S. Patent
6,000,608, relating to multifunction epayment cards. Case
settled four weeks after Dr. Shamos's deposition. Contact:
James
Foster, Esq.,
Wolf, Greenfield & Sacks, P.C., 600 Atlantic Avenue, Boson, MA 02210.
IMX, Inc. v. E-Loan, Inc. and Banco
Popular North America, Inc., No. 09-20965 (S.D. Fla.). Serving
as an expert for defendants in a case alleging infringement of U.S.
Patent
5,995,947, relating to an interactive loan processing and mortgage
trading system. Case is pending. Contact:
Samuel A. Lewis, Esq., Feldman
Gale, PA, One Biscayne Tower, 30th Floor, 2 South Biscayne Blvd.,
Miami, FL 33131.
Soverain Software LLC
v. Newegg, Inc., C.A. No. 6:07-CV-511 (E.D. Texas). Serving as
an expert for plaintiff in a case alleging infringement of U.S. Patents
5,715,314,
5,909,492,
and
7,272,639, relating to methods of conducting electronic commerce.
Case is pending. Contact:
Thomas L. Giannetti, Esq.,
Jones Day, 222 E. 41st St., New
York, NY 10017.
Netcraft Corp. v. AT&T Mobility LLC et
al., C.A. No. 07-651-GMS (D. Del.). Serving as an expert for
defendants in a case alleging infringement of U.S. Patents
5,974,221,
6,351,738 and
6,411,940, relating to electronic commerce billing methods.
Case is pending. Contact:
H.
Jonathan Redway, Esq.,
Dickinson Wright
PLLC, 1875 Eye St., Washington, DC 20006.
ValueClick, Inc. v. Tacoda, Inc., AOL,
LLC and Platform-A, Inc., Case No. 2:08-cv-04619 DSF (JCx) (C.D.
Cal.). Serving as an expert for defendants in a case alleging
infringement of U.S. Patents
5,848,396 and
5,991,735, relating to software and methods for creating
psychographic profiles of network users. Case is pending.
Contact: Paul
R. Gupta, Esq., Orrick, Herrington
& Sutcliffe LLP, 666 Fifth Avenue, New York, NY 10103.
SP Technologies, Inc. v. Garmin Limited
et al., Civil Action No. 08-CV-3248 (N.D. Ill.). Serving as an
expert for TomTom, Inc. in a case alleging infringement of U.S. Patent
6,784,873, relating to graphical keyboards on touchscreens.
Case is pending. Contact:
Brian
Pandya, Esq., Wiley Rein LLP,
1776 K Street NW, Washington DC 20006.