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Publications & Patents
Expert Deposition and Trial Appearances
Expert Deposition and Trial Appearances 1992 - 2005
MR. JERRY A. KLEIN, PRESIDENT

2005

SPRINT LLP v. DR. THOMAS NUTTING, et al.
In the State of California
Action for loss of use of a cut in a fiber optic cable
Deposition January 2005


Testified as to custom and practice in the industry and determination of damages. Case settled successfully after deposition.

Law Offices of Glaspy & Glaspy
Walnut Creek, California

NEELY v. GOSS, DREW MEDICAL CORPORTATION, et al.
In the State of Florida
Action for malpractice by a medical center and radiologist based upon an alleged facsimile communication
Deposition January 2005


Testified as to the interpretation of communication records. Case settled successfully after deposition.

McEwan, Martinez & Dukes, P.A.
Orlando, Florida


2004

FORD MOTOR COMPANY and GREENLEAF LLC v. TECHNOLOGY SOLUTIONS COMPANY
In the State of Michigan Wayne County Circuit Court
Action for breach of contract and failure to deliver a large ERP software system.
Trial May 2004, Deposition December 2004
Jury verdict for Ford


Testified at trial for Ford Motor Company as to custom and practice in the industry for the design development and implementation of a large ERP software system. Testified as to user requirements and system performance.

Brooks & Kushman P.C.
Southfield, Michigan

LG ELECTRONICS, INC. v. QUANTA COMPUTER, INC., QUANTA COMPUTER USA, INC., and Q-LITY COMPUTER, INC.
In the United States District Court for the Northern District of California
Action for patent infringement for a collaborative computing system.
Matter on appeal


Testified at deposition on matters of infringement and validity March 2004.

Morgan Lewis & Bockius
Washington, D.C.

PAO-CHIN CHEN v. COMPAQ COMPUTER CORPORATION
In the United States District Court for the Southern District of Texas, Houston Division
Action for Alleged Patent infringement of a patent for Computer Keyboard Switches
Expert Report submitted May 2002
Trial February 2004, Re-tried October 2004


Testified as to non-infringement on a patent for a computer keyboard switch mechanism.

Williams, Morgan & Amerson PC
Houston, Texas


2003

FORD MOTOR COMPANY and GREENLEAF LLC v. TECHNOLOGY SOLUTIONS COMPANY
In the State of Michigan Wayne County Circuit Court
Action for breach of contract and failure to deliver a large ERP software system.
Deposition August 2003


Testified as to custom and practice in the industry for the design development and implementation of a large ERP software system. Testified as to user requirements and system performance.

Brooks & Kushman P.C.
Southfield, Michigan

GRG TRANSPORT, INC, A FLORIDA CORPORATION v. CERTAIN UNDERWRITERS AT LLOYD'S, LONDON, et. al.
In The Circuit Court Of The 11th Judicial Circuit In And For Miami-Dade County, Florida
Action for insurance claim with a dispute over definition of electronics.
Deposition June 2003
Matter settled 2003


Testified as to definitions of various electronic equipment.

Ritter Chusid Bivona & Cohen, LLP
Boca Raton, Florida


2002

ANGRES et. al. v. SMALLWORLDWIDE PLC. (GENERAL ELECTRIC)
In the United States District Court for the District of Colorado
Class Action by the Shareholders for Allegations of the improper recognition of revenue, announcement of a new software product and delivery of the Beta version of a software system.
Deposition May 2002
Matter settled 2003


Testified as to custom and practices in the industry regarding the announcement of new software systems and the delivery of Beta versions of software systems.

Hale & Dorr
Boston, Massachusetts

CHEN v. COMPAQ CORPORATION
In the United States District Court for the Southern District of Texas, Houston Division
Action for Alleged Patent infringement of a patent for Computer Keyboard Switches
Expert Report submitted May 2002, deposition pending


Expert report opining on the issues of alleged patent infringement and patent validity on a patent for a computer keyboard switch mechanism.

Williams, Morgan & Amerson P.C.
Houston, Texas

OCEAN GARDEN PRODUCTS v. IBM GLOBAL SERVICES
In the United States District Court, Southern District of California
Action for Breach of Contract, Fraud, Negligence and other claims in a failed implementation of a large ERP Software System
Expert Report Submitted May 2002, Depositions pending


Expert report opining on customs and practices in the implementation of a large ERP Software System and related issues of the RFP, contracting, software system project management, software system design, development of user requirements and other related issues.

Gray, Cary, Ware & Freidenrich
San Diego, California


2001

SHOP SOLUTIONS, INC. v. THOMSON INTERNATIONAL, MITCHELL Et. Al.
Superior Court State of California; Los Angeles Action for Fraud Regarding a Software Program for Auto Dealers Deposition January 2001


Testified as to custom and practices in developing and releasing a software product, the testing of the software product; custom and practices of distribution channels in the computer industry.

Gray, Cary, Ware & Freidenrich
San Diego, California

THE DOCTORS' COMPANY v. SDS/INSPIRE
Mediation, State of Texas
Action for Breach of Contract, Failure to Deliver and Failure to Perform of a Major Software System (ERP) for a Medical Malpractice Insurer.
Deposition May 2001


Testified as to custom and practices in the software industry as to contract terms, development procedures for the development of a large ERP software system including specifications, testing and system integration.

Lewis, D'Amato, Brisbois & Bisgaard Law Firm San Francisco, California

HARTMARX CORPOPRATION v. JBA INTERNATIONAL, INC. Et. Al.
United States District Court, Northern District of Illinois, Eastern Division Action for Breach of Contract, Fraud Etc. In The Development and Implementation of a Large ERP Software System
Deposition October 2001
Trial pending


Testified as to issues of custom and practice in the computer industry, project management and issues of the design, development, testing and implementation of the software system.

Grippo & Elden
Chicago, Illinois

KEY KNIFE v. INTERACTIVE, DATAWORKS, PLATINUM et al
AAA # 74 Y 117 0027700LMT Breach of Contract, Fraud et al for Failure of ERP Software System Implementation Mediation San Francisco
December 2001


Testified as to issues of custom and practice in the computer industry and as to issues relating to the implementation of an ERP system for the company.

Bullivant Houser & Bailey
Portland, Oregon

2000

TANGENT COMPUTER v. TANGENT SYSTEMS

U.S. Patent and Trademark Board of Appeals
Trademark Dispute
Deposition
San Francisco February 2000


Appeared on behalf of tangent computer regarding likelihood of trademark confusion.

Law Offices of Stuart Kaufman
San Francisco, California

MCCUBBREY, BARTELS & WARD, ET. AL. V. AMERICAN HOME, ET. AL.
Superior Court of The State Of California
Civil Action No. 992756
Action for Legal Malpractice/Patent Infringement Action
Deposition November 1, 2000


Testified as to PTO practice and patent status/file history review.

Lewis, D'Amato, Brisbois & Bisgaard Law Firm
San Francisco, California

1999

TAURUS IMPRESSIONS, INC. V. GENERAL BINDING COPORATION

U.S. District Court Northern District Of California
Action C-96 21029 JW EAI
Action for Breach of Contract Relating To a Development Agreement between the Parties for an Office Product
Deposed February 1999


Report and testimony relating to the behavior of the parties and events as to custom and practices in the industry.

Law Offices of G. Kip Edwards
Palo Alto, California

1998

CENTILLION v. AT&T
United States District Court
Southern District of Indiana
Civil Action No. Ip96-0394-C-B/S
Patent Infringement and Validity
Telecommunications System
Deposition Testimony January 9, 1998


Irell & Manella
Los Angeles, California

ALLISON BUSINESS SYTEMS Et. Al. v. THOMSON PUBLISHING, MITCHELL AUTOMOTIVE GROUP Et. Al.
Superior Court State of California
County Of San Diego No. 00705813 Action for Fraud Relating To Software Products
Deposition Testimony July 7, 1998


Testimony relating to custom and practice in the computer industry for business decisions.

Gray, Cary, Ware & Freidenrich
San Diego, California
San Diego/Palo Alto, California

1997

GALIMBA v. ROADNET, Et. Al.
Superior Court State of California
County of Monterey
Deposition February 18, 1997
Trial Testimony March 26, 1997


Product development and diligence of a manufacturer of a new computer product.

Ericksen, Arbuthnot, Kilduff, Day & Lindstrom
San Jose, California

POSTAN Et. Al. v. II MORROW, TOPPAN MOORE, UPS Et. Al.
Superior Court State of California
Redwood City
Testimony Submitted April 18, 1997


Product development and diligence of a manufacturer of a new computer product.

Bullivant, Houser, Bailey, Pendergrass & Hoffman
Portland, Oregon

BEYOND WORDS v. SAMNA/LOTUS DEVELOPMENT
United States District Court
Northern District of California
Deposition June 23/24, 1997
Trial Testimony September 10, 1997


Theft of trade secrets/software product. Issues of trade secrets/value/product comparison.

Fish & Richardson
Menlo Park California
Wilson & Jaffer
Sarasota, Florida

1996

NEHER Et. Al. V. II MORROW, TOPPAN MOORE, UPS Et Al 1996

United States District Court
Western District Of Washington Seattle
Case No. C94-1613wd
Deposition July 19, 1996
Trial Testimony September 19, 1996


Product development and diligence of a manufacturer of a new computer product.

Bullivant, Houser, Bailey, Pendergrass & Hoffman
Portland, Oregon

T-NETIX CORPORATION V. GATEWAY TECHNOLOGIES, INC. 1996
Federal District Court
Dallas Texas
Deposition and Expert Report
Patent Suit and Counter-Suit


Telecommunications apparatus.

Fenwick & West
Palo Alto
Hughes & Luce
Dallas Texas

1995

AZTECH SYSTEMS PTY V. CREATIVE TECHNOLOGIES LTD 1995

High Court of Singapore
Suit 688 Of 1993
Civil Appeal No. 181 Of 1995
Trial Testimony


Copyright infringement in a computer sound board.

Drew & Napier
Singapore
Crosby, Heafey, Roach & May
Oakland, California

TETRA ASSOCIATES V. NATSTEEL 1995
United States District Court
Northern District of California
San Jose District
Case No. C9320674 Jw Pvt
Deposition


Contract issues regarding manufacturer representatives and foreign corporation.

Fenwick & West
Palo Alto, California

DAVEY V. NATURAL MICROSYSTEMS 1995

Federal District Court
San Diego
Testimony


Wrongful termination and compensation.

Dumont Law Office
Palo Alto, California

McGOVERAN V. PACIFIC TELESIS ET. AL. 1995
California Superior Court
Deposition and Trial Testimony


Theft of trade secret of relational database software: issues of valuation.

Wylie, McBride, Jesinger, Sure & Platen
San Jose, California

1993

CSC V. TIGERA 1993
Arbitration
Testimony


Custom and practice issues in the introduction of software products by the manufacturer.

Brobeck, Phleger & Harrison
Palo Alto, California

1992

TDM V. ROLM/IBM
Federal District Court
Northern District Deposition


Issues of forecasting and royalties in the development of a digital PABX.

Popelka, Allard, McCowen & Jones
San Jose, California

TECOM V. CAELUS
Federal District Court Central District
Deposition


Contracting issues and product development issues in a manufacturing (MRP) software product.

Berman & Clark
Santa Monica, California
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