Expert Witness Resume
Software Intellectual Property
HOWARD J. COHEN, Ph.D.
Cohen Software Consulting, Inc.
3272 Cowper Street
Palo Alto, CA 94306-3004
(650) 856-4273 (fax)
- Gill & Mullholand, LLP, Toronto, Ontario, Canada
For the Plaintiff in a copyright infringement matter involving
educational software and web sites. Used CodeMatch and shared
libraries analysis. Code in C#, java, C++, php, js, SQL.
- McPharlin Sprinkles & Thomas, LLP, San Jose, CA
For the Defendant in a trade secret aspect of a larger litigation.
Analyzed the defendant's web sites and the plaintiff's automated
chip testing software to opine on whether one may have been derived
from work done on the other. Case settled.
- Baker Botts, LLP, Dallas, TX
For the Defendant in a patent infringement matter involving GIS (Geographical
Information Systems) and store locator functionality. Read patents and file
histories, discussed claim terms in preparing for a Markman brief and
hearing. Case settled.
- Baker Botts, LLP, Dallas, TX
For the Defendant in a patent infringement matter involving combined geographical
and topical search, specifically store locator functionality. Analyzed patent
and Defendant's (java) source code. Wrote rebuttal non-infringement report.
Deposed. Case settled.
- Hahn Loeser & Parks, LLP, Cleveland, OH
For the Plaintiffs in a matter involving breach of contract, non-literal
copyright infringement and trade secret misappropriation. Application
area is web based systems for automating and tracking post-discharge calls
to hospital patients for follow up. Analyzed systems and documentation,
ran CodeMatch on source code sets (C#, .NET, SQL), wrote an expert report
and a rebuttal report, was deposed. Case settled.
- The Law Offices of Christopher P Berney, PC, Atlanta, GA
For the Defendants in a copyright infringement matter involving MSSQL
stored procedures and php code running against a MySQL DB. Application
area is credit/debit card transaction processing. Set up and ran
CodeMatch, analyzed source code, wrote a rebuttal report. Case settled.
- Perkins Coie, LLP, San Francisco, CA
For the Defendants in a copyright infringement matter. Set up and
ran CodeMatch on part of the Defendant's versus the Plaintiff's
- Baker Botts, LLP, Dallas, TX.
For the Defendant in a patent infringement matter involving combined
geographical and topical search. Analyzed patent and extensive source
code sets in multiple languages (python, ruby, C++). Wrote rebuttal
non-infringement report. Case settled.
- Foley Bezek Behle & Curtis LLP, Costa Mesa, CA
For the Plaintiff in a copyright infringement matter involving
reverse engineering and copying of screens and workflow in a web
based application for the appraisal management industry.
Analyzed historical screen shots and three demo programs.
Wrote Expert Report, Rebuttal Report; was deposed; testified at
a JAMS hearing. Case settled.
- Baker, Manock and Jensen, PC, Fresno, CA
For the Defendant in a copyright infringement matter involving 1990's
Foxpro code for the tomato processing industry and related financials.
Analyzed several code sets. Case settled.
- Antonelli, Harrington, & Thompson LLP, Houston, TX
For the Plaintiff in a patent infringement suit involving auto-complete
functionality. Began analysis. Court declared patent invalid.
- Holland & Hart, LLP, Las Vegas, NV and Clark Wilson, LLP, Vancouver, BC,
For the Complainants in a commercial arbitration involving a software
development contract and claims of unusability, as well as counterclaims
of copywrite infringement. Performed CodeMatch analysis, wrote expert
report. Case settled.
- Moscone, Emblidge and Sater, San Francisco, CA
For the Defendants in a trade secret counter claim in a complex
multi-party contract dispute. Technology involved municipal tow
truck dispatching and management systems. Analyzed purported trade
secrets, wrote an Expert Report. Trade secret aspect decided in
my clients' favor in MSJ ruling.
- Pillsbury Winthrop, McLean, VA
For the Defendants in a copyright infringement matter. Technology
involved a NASA web site created in HTML and ColdFusion. Analyzed
aspects of the web site and rebutted Plaintiff’s experts' reports.
Wrote Expert Report. Case decided in Defendants’ favor in MSJ ruling.
- Husch Blackwell, Kansas City, MO
For the Defendants in a copyright infringement and contract dispute
matter, with counter claims. Technology involved web based systems
for managing accounts and credentials of insurance agents and brokers,
with customization for individual states. Performed CodeMatch analysis
on two large systems (sets of source code in multiple languages),
looking for evidence of one being derived from the other.
- Cozen and O'Connor, Los Angeles, CA
For the Defendants in a trade secret misappropriation matter.
Application area is electronic bingo games. Education of attorney,
code analysis. Wrote Declarations.
- Wang and Chang, San Francisco, CA
For the Plaintiff in a trade secret misappropriation matter. Technology
area was Network Management Systems and Element Management Systems
for real-time inventory and status of network equipment, including
embedded software. Used CodeMatch to compare java, XML, and DTD
code/files; manual comparison of SQL files, showing massive code
copying as well as web site copying. Wrote Expert Report. Case settled
out of court.
- Ford Family Law, Oakland, CA
Expert Consultant in a divorce proceeding, for the Plaintiff (wife).
Assisted the financial expert in evaluating technology and marketplace
for husband's software company products. Case resolved.
- Kilpatrick & Townsend, Winston-Salem, NC and Atlanta, GA
Expert witness for two Defendents in a patent action to be tried in
the Eastern District of Texas. Analyzed the patent and Linux networking
code to argue non-infringement. Wrote Expert Report, was deposed,
prepared for trial. Case settled out of court.
- Hinshaw & Culbertson, Chicago, IL
Expert Witness for the Defense in a matter involving alleged theft of
trade secrets. Analyzed a proprietary binary file format to opine on
the ease or difficulty of reverse engineering the format. Wrote Expert
Report. Prepared for trial. Case settled out of court.
- Harbin & Hein, Chicago, IL
Expert Witness for the Plaintiff in a copyright infringement case
involving court rules data sets and software for
the rules. Used CodeMatch to analyze source code. Analyzed a number of
court rules data sets (using shell scripts, sed, sort, uniq, and emacs,
among other tools). Wrote Expert Report. Case settled out of court.
- Thompson & Knight, Dallas, TX
Expert Wiitness 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
- 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
- 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
- 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
- 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 consultant in a high profile software theft case.
Analysis of very large sets of source code involving the graphical user
interface of several electronic design automation systems looking for plagiarism.
Forensic Expert Witness Association
Professional and Technical Consultants
American Association for the Advancement of
American Physical Society
Institute of Electrical and Electronic
Engineers (IEEE), Life Senior Member
Network of Silicon Valley (IEEE CNSV)
Certified by S.A.F.E. Corporation in the use of the
software analysis tool set in intellectual property litigation.
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Last update: 7 November 2017
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