HOWARD J. COHEN, Ph.D.
President
Cohen Software Consulting, Inc.
3272 Cowper Street
Palo Alto, CA 94306-3004
(650) 856-8123
(650) 856-4273 (fax)
howard@cohensw.com
http://www.cohensw.com/

Selected Projects

• Thompson & Knight, Dallas, TX
  Working for the Defendant in a legal malpractice case that includes a software patent case within a case. Code analysis of existing and missing code for significance to the patent. Technology is an automated self-service gasoline pumping system. My line of inquiry was terminated when no new evidence (not already argued in a dismissed rebuttal to a Motion for Summary Judgement in a previous matter) was uncovered. Case still in process.
• K&L Gates, Chicago, IL
  Expert Witness for the Plaintiff in a patent matter involving 11 patents in the area of automated medical diagnosis and treatment advice systems. Analyzed patents and Defendant's on-line systems and source code, prepared claim charts. Case settled out of court.
• deVries Law Firm, Sacramento, CA
  Expert witness for the Plaintiff in a wrongful denial of disability benefits case for a software engineer/computer scientist. Wrote Expert Report. Case settled out of court.
   
• Darin R. Dominguez, Cerittos, CA
  Expert witness for the defense in a trade secret misappropriation case involving software for chiropractic practice management. Work involved comparing MSSQL database schemas, stored procedure, views, etc., as well as source code in C#. Plaintiffs dropped the action before full discovery.
   
• Richard C. Young, esq., Reno, NV
  Expert Consultant in a divorce case where one party had created a complex engineering software package and company. Work involved understanding the system and helping with appropriate discovery requests.
   
• Paul Hastings Janofsky & Walker, Palo Alto, CA; Stetina Brunda Garrett & Brucker, Aliso Viejo, CA
  Patent infringement and cross complaint in the area of scanned document image cleanup and recognition. Wrote Expert Report. Case settled out of court.
   
• Kirkpatrick & Lockhart Preston Gates Ellis LLP, Boston, MA; DLA Piper, Boston, MA
  Software Copyright infringement case in the area of portfolio management and valuation. Languages were C/C++, Java, PL/SQL; older code in Vax Basic and Visual Basic. Wrote two Expert Affidavits. Prepared to testify at trial. Case settled while in trial.
   
• Lowrie Lando & Anastasi, LLP, Cambridge, MA
  A software patent infringement case. Technology area is image processing for biomedical research instrumentation. Environment is Windows, C++. Case settled out of court.
   
• Timothy D. McGonigle Professional Corporation, Santa Monica, CA
  Breach of contract, software plagiarism, copyright infringement, trade secret misappropriation involving medical practice management software and clinical management software (EMR or Electronic Medical Records). Environment is Windows, C/C++, MS SQL Server, .NET, C#, XML, SQL. Wrote several Declarations and two Expert Reports. Deposed twice, testified at Arbitration hearing. Case decided by Arbitrator in my client's favor.
   
• Mehaffy Weber, P.C., Houston, TX
  Software patent infringement and trade secret misappropriation matter. Analyzed productions. Language is Java; database is MS SQL Server. Technology is construction management and QA software, including statistical analyses. Case settled out of court.
   
• Ropers Majeski Kohn Bentley, Los Angeles, CA
  A software trade secret misappropriation and copyright infringement matter. Technology is Electronic Medical Records systems, with an emphasis on Cardiology practice. Languages are C, C++, XML, SQL; environment is Windows and MS SQL Server. Case settled out of court.
   
• Carver, Kirchhoff, Schwarz, McNab, & Bailey, LLC, Denver, CO
  Also, Horowitz & Forbes, LLP, Denver, CO
  A software copyright infringement matter involving the DMCA. Technology is digital mapping software and ambulance dispatch systems. Languages are C and VB; environment is WindowsCE. Created Expert Report, deposed, testified at trial. Case ruled in Plaintiff's favor in jury trial.
   
• Robins, Kaplan, Miller & Cerisi, LLP, Minneapolis, MN
  A software trade secrets misappropriation case in the field of non-native data recovery and extraction. Code analysis, creation of an Expert Report, Rebuttal Report, deposition. Case was settled out of court rather favorably for my client.
   
• Timothy Johnson, Esq., Houston, TX
  A software patent infringement case in the field of Registered Email. Patent analysis, code analysis, creation of an Expert Report. Deposed. Case settled in my client's favor in Summary Judgement.
   
• Horowitz and Rubinoff, Oakland, CA
  A wrongful termination case where I repaired a damaged email archive and then analyzed it and a home directory archive for relevant documents. Case settled out of court.
   
• Hinton, Cochran and Borba, Santa Rosa, CA
  Expert witness in a civil suit involving issues around porting a complex application between operating systems. Code analysis. Wrote Expert Report. Deposed. Case settled out of court.
   
• Carr and Ferrell, LLP, Palo Alto, CA
  A trade secret misappropriation case where I helped analyze the Rebuttal Report and framed a detailed response thereto, in collaboration with other expert consultants. Investigated alleged prior art, patents, theses, and commercial systems. Case is on appeal.
   
• Pillsbury and Winthrop, LLP, McLean, VA
  Expert consultant in an eCommerce patent infringement suit, including code analysis. Court ruled in favor of my clients.
   
• Levy, Ram & Olson, LLP, San Francisco
  In a class action suit against a large bank, I was involved in database issues over whether and how the class could be determined and the alleged damages assessed. The Court certified the class.
   
• Kapczynski vs Comier
  A divorce case where I was engaged directly by one of the parties to testify about the nature of email kept on the ISP's server.
   
• Albini and Cohn, San Francisco
  Expert witness investigating an ISP's automatic disconnect policies for dial-in connections for a civil suit.
   
• McDonald, Rogers and Rizzolo, Somerville, NJ
  Expert witness in an alleged computer break in and vandalism case. Analysis of system logs and dumps, various scenarios. Case against my client was dismissed.
   
• O'Melveny and Myers, LLP, Los Angeles
  Expert witness consulting in a software development contract dispute. Analyzed an RFP, Proposal, and Design Specification for completeness, reasonableness and appropriateness. Case was settled out of court.
   
• O'Melveny and Myers, LLP, San Francisco
  Expert witness consulting in a high profile software theft case. Analysis of very large sets of source code looking for plagiarism.

 
PROFESSIONAL AFFILIATIONS

Forensic Expert Witness Association
Professional and Technical Consultants Association
American Association for the Advancement of Science
American Physical Society
Institute of Electrical and Electronic Engineers (IEEE), Senior Member
IEEE Consultants' Network of Silicon Valley (IEEE CNSV)

 
CERTIFICATIONS

Certified by S.A.F.E. Corporation in the use of the CodeSuite® software analysis tool set in intellectual property litigation.

Copyright © 2002-2010 Cohen Software Consulting, Inc., All Rights Reserved
For further information, please contact howard@cohensw.com