Software expert witness services
Investment Advice. Technology Strategy. Due Diligence.
Machine Learning Expert Witness
A large technology company was accused of trade secret misappropriation when the company published an algorithm that appeared very similar to that of a smaller competitor. A leading litigation finance investor hired us to evaluate the merits of the case in support of their investment decision. We evaluated the machine learning technology, separated the novel aspects from prior approaches, interviewed experts and attorneys involved with the case, analyzed all declarations submitted by either side, and reviewed related publications in the field. We also opined on the economic damages that the startup could potentially seek. Relying on our venture capital expertise, we were also able to give our client extensive context on the VC investment thesis, the startup’s potential and viability in the market, and the value of the technology to a big corporation. In similar cases, we have also acted as source code reviewers and drafted declarations. Dr. Jonyer offers expert witness consulting services to both plaintiffs and defendants in the full range of litigation matters where technical expertise is of great importance. He is most often retained as a testifying expert, but he has also provided preliminary analyses, second opinions, and source code review services.
Telecommunications Expert Witness
A telecommunications equipment manufacturer was interested in understanding the value of their newly acquired patent portfolio and enlisted our help. We analyzed the asset by categorizing the patents by area of invention, organized them into sub-areas and families, and identified potential targets for assertion. As a second step, we analyzed a specific set of patent families against a specific target. We identified sets of assertable patents across several patent families and assisted with creating initial claim charts. In such cases, we are also able to support our clients by identifying patent vulnerability by prior art search, obviousness analysis, and eligibility. Dr. Jonyer brings decades of academic, business, and investing experience to give a more holistic view of technical issues. At the same time, he has the academic research and industrial technology innovation background to be able to opine on what knowledge persons of ordinary skill in the art had at a certain period of time, and what may or may not have been reasonable leaps of innovation versus common knowledge.
Smart TV Expert Witness
The holder of many universal remote-control patents sought to be compensated for the use of its technologies by a smart TV manufacturer. The potentially offending technologies were located across the defendant’s many software components, including the main smart TV operating system, a variety of universal remote-control devices, the smart phone apps (iPhone and Android), and the device drivers. We analyzed the defendant’s software (in C, C++, Java, Objective C, and Swift) for infringement of 9 different patent families and drafted expert reports of our findings in both federal and ITC cases. Smart TVs are also becoming smart home hubs with extensive interconnectivity across many types of devices and brands. At the same time, smartphones are becoming versatile remote-control devices for smart TVs. As a result, smart TVs, smartphones, and smart home devices are slowly merging into one ecosystem. Dr. Jonyer’s expertise with Google TV, Chromecast, Android, iOS, and other smart devices makes him exceptionally well qualified to opine on cases in the smart ecosystem.