Expert Details

Expert in Patents, Copyrights and Intellectual Property, Technology, Financial Services, Health Care

Expert ID: 731183 New York, USA

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In 30 years of application development and support, Expert has worked on a wide range of local, wide area and global networking projects. This has required a high degree of expertize in technologies created around TCP IP. The software has supported a range of real time applications supporting many subject areas, including: pricing feeds for financial instruments, order processing in many different product areas.

He has used this knowledge when supplying litigation support in several cases covering the processing of: ATM and point of sales transactions, health care insurance claims and the trading of financial instruments.

Since 2002, Expert has provided litigation support as an expert in a wide range of cases covering patents. Expert has provided support for both the defense and plaintiff.

Areas of Expertise: Aiding attorneys analyze patents for the potential impact of the Supreme Court decision. Reading a patent document to extract the most important elements that could be used in the case. With the only part of the patent that can used in litigation is the Claims. Being involved with the attorney in discussions on aspects relating to a patent. Creating and analyzing claim charts. Performing research to check for any issues that can arise due related to prior art not found when the patent was granted, e.g. searching for prior art. Working with attorneys to select and use the claims of a patent and participating in discussions on how they be most effectively used in a case. Helping a defense attorney to examine the validity of a patent’s claim and developing approaches to rebut the claim that a client infringed the patent. Perform the detail analysis of IT applications and associated manual processes, comparing them to the patent and reporting the results.

Expert worked in the financial services sector for over 20 years being actively involved in all aspects of the business and developing technology solutions for: trading, back and middle office, audit, legal, treasury and regulation.

Expert has been actively creating, developing and implementing technology solutions for over 30 years in a variety of business environments, many providing support for 24 hour real-time global operations. Expert has been responsible for teams of around 30 developers to small developments of two people, but all have related to major elements of a firms business.

Managing and implementing large scale global projects using large teams of people. Actively involved in application development. Requirement gathering and documentation. Application specification and design. Coding in: C++, C#. Development of Windows based User Interfaces. Developmrent of Web based applications. Designing and developing complex service based architectures using abstraction of the UI and datasources via several tiers of services. Design and development of databases including: Sybase, SQL server, Oracle. Use of stored procedures to update and retrieve information from databases. Data analysis and database design. System load balancing and automated process recovery. Multi-Tired service based applications using MS queues and TCP IP. All elements of system testing; developing test plans, regression testing and evaluating results of testing. Rolling out applications to a large number of users.

Since 2002, Expert has provided litigation support as an expert in a wide range of cases related to copyrights. Expert has provided support for both the defense and plaintiff.

1. Copyright-Use of abstraction, filtration and comparison to compare applications and processes. Applying the standards of Substantial Similarity, look and feel protection and virtually identical to compare applications and processes. Creating detailed process flows, using screen shots and using the output from the two systems and to then perform a comparison process. This has the deliverable of identifying areas of commonality. Also to show there is no overlap. Examine: project plans, documents detailing user requirements, documentation of the design process, system architecture documentation, user testing plans and procedures.

2. Theft of Intellectual Property-Examining the systems in question to look for strong similarities in areas such as: architecture, code, form flow and function. Opportunity and motive on the part of the party that is accused of this breach of faith. Review depositions if they are available to see how the party alleged to have stolen application answered questions. Look at the skill sets of the party that is accused of stealing to see if they had the ability to: take or copy code, documents, sales plans or any other material that would aid in the theft. Examine security protocols of the owner of the material that was allegedly taken. This is used to analyze: whether the theft could have taken place and how it could have been done. All of this information would be collected and provided in a report to the client.

Expert in his role as an expert/consultant in case involving patents, copyrights and intellectual property as brought to his clients a range of expertise ranging from: business knowledge in financial services, trading, processing health care claims, processing banking transactions. Building trading desks and helping to create global trading and support operations. He has built several such paradigms from the ground up including: supporting technologies, operation procedures, legal and regulatory structures.

Expert may consult nationally and internationally, and is also local to the following cities: New York, New York - Yonkers, New York - Newark, New Jersey - Jersey City, New Jersey - Paterson, New Jersey - Elizabeth, New Jersey - Bridgeport, Connecticut - New Haven, Connecticut - Hartford, Connecticut - Philadelphia, Pennsylvania

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Education

Year Degree Subject Institution
Year: 1972 Degree: Computer Science BTECH Subject: Computer Science Institution: Brunel University, Uxbridge, Middlesex, UK

Work History

Years Employer Title Department Responsibilities
Years: 1992 to 2013 Employer: Undisclosed Title: Owner of Company Department: Undisclosed Responsibilities: Providing consulting for financial services companies and litigation services in patents, copyrights and intellectual property.
Years: 1991 to 1992 Employer: Company No Longer exists Title: Project Manager Department: Undisclosed Responsibilities: Worked with Standard and Chartered Bank in HK as a consultant employed to lead a team to create an online banking system for businesses.
Years: 1988 to 1991 Employer: Undisclosed Title: Project Manager Department: Undisclosed Responsibilities: Supported FX trading. Bank is now part of J.P. Morgan.
Years: 1986 to 1988 Employer: Merrill Lynch Title: Undisclosed Department: CEO's office Responsibilities:

International Experience

Years Country / Region Summary
Years: 1972 to 1988 Country / Region: United Kingdom Summary: Expert was a resident in the UK and gained extensive expertise in many business ares but the most significant was in financial services. His experience was gained in technology and the business process.
Years: 1990 to 1991 Country / Region: Honk Kong Summary: Managed a team of programs developing an online banking system for a bank that was to be used by commercial clients. It also involved extensive liaison with the client.
Years: 1988 to 1999 Country / Region: Singapore Summary: Working with a trading operation to create a global presence in Program Trading. Expert traveled between; New York, London and Singapore. Singapore was the location where the system was built. This utilized his extensive knowledge of; business, processes, procedures and the technologies needed to operation such an environment.

Additional Experience

Expert Witness Experience
Expert started working on cases involving intellectual property in 2002 and has continued supplying expertise in technology and various subject matter areas to aid attorneys in litigation involving patents, copyright and intellectual property.

Copyright
 Use of abstraction, filtration and comparison to compare applications and processes.
 Applying the standards of Substantial Similarity, look and feel protection and virtually identical to compare applications and processes.
 Creating detailed process flows, using screen shots and using the output from the two systems and to then perform a comparison process. This has the deliverable of identifying areas of commonality. Also to show there is no overlap.
 Examine: project plans, documents detailing user requirements, documentation of the design process, system architecture documentation, user testing plans and procedures.
 Performing code comparisons and reporting the results.
 Successfully helping a defendant to sue for Summary Judgment.
 Working for extended periods on one case, e.g. 2 years.
4. Theft of Intellectual Property
 Examining the systems in question to look for strong similarities in areas such as: architecture, code, form flow and function.
 Opportunity and motive on the part of the party that is accused of this breach of faith.
 Review depositions if they are available to see how the party alleged to have stolen application answered questions.
 Look at the skill sets of the party that is accused of stealing to see if they had the ability to: take or copy code, documents, sales plans or any other material that would aid in the theft.
 Examine security protocols of the owner of the material that was allegedly taken. This is used to analyze: whether the theft could have taken place and how it could have been done.
 All of this information would be collected and provided in a report to the client.

Theft of Intellectual Property
 Examining the systems in question to look for strong similarities in areas such as: architecture, code, form flow and function.
 Opportunity and motive on the part of the party that is accused of this breach of faith.
 Review depositions if they are available to see how the party alleged to have stolen application answered questions.
 Look at the skill sets of the party that is accused of stealing to see if they had the ability to: take or copy code, documents, sales plans or any other material that would aid in the theft.
 Examine security protocols of the owner of the material that was allegedly taken. This is used to analyze: whether the theft could have taken place and how it could have been done.
 All of this information would be collected and provided in a report to the client.
Vendor Selection
Expert has been responsible for bring many third party solutions into firms. This has required many skills including:

1. Defining the business goals.
2. Collecting and collating both business requirements.
3. Formulating RFPs to send to potential vendors.
3. Analysis of vendor responses to RFPs and helping the end user analyze and select a final solution.
4. Testing and implementing vendor solutions.
Other Relevant Experience
Banking
 ATM and POS (point of sale) transaction processing software.
 Check 21 (check image) processing.

Financial Instruments:
Globally traded products that are both OTC and Exchange Traded including:
 Equities; cash and futures;
 Index futures;
 Debt based instruments; bonds, municipal bonds etc.
 Debt based instruments; CMO, CDO etc.
 Foreign exchange: cash and futures.
 Commodities: cash and futures.

Trading Configurations:
 Multi-legged, multi-product swaps.
 Repos.
 Lending and borrowing.
 Origination.
 Buy and sell side.
 Algorithmic/program trading.
 High frequency trading.
 Portfolio management.
 Shorting.
 Arbitrage.
 Origination of debt backed instruments.
 Financial Services Operational Areas:
 Sales trading.
 Trading, back and middle office.
 Risk management and treasury.
 Accounting.
 Audit, compliance and legal.
 Regulatory reporting and investigations.
 Participating in the establishing trading desks.
 Data warehousing; creating and use.

Comparing Source Code from Different Applications:
Expert has over 30 years experience in computer technology and still actively codes in C++, C, C++ CLR, Java, JNI and C#. Expert also has extensive experience in database technologies. Expert has used these skills to compare sets of source code to locate circumstances where code has been copied or where an application violates a copyright or patent.
Expert does not use software tools when comparing applications and their source code. Expert uses a manual process by comparing each line of code and the architecture. This process has been found to be successful in several cases. The output from this process is a detailed report that is then used in subsequent stages in the litigation process.

Fields of Expertise

computer network, computer networking, computer software, computer software licensing, computer data communication protocol, computer network standard, Doctrine of Equivalents, patent claim chart, patent claim construction, patent claim construction brief, patent infringement, patent interpretation, patent law, patent prosecution, patent searching, patent trolling, patentability evaluation, software patent, United States patent, claim (patent), software standard, patent, legal patenting, churning (stock trade), insider trading, unauthorized trading, securities lending, securities regulation, securities settlement, securities valuation, regulatory organization, cross-platform development, data communication patent, data communication standard, database, graphic user interface, GUI software testing, Internet, object-oriented design, object-oriented development, object-oriented software testing, software configuration management, software design, software development environment, software documentation control, software engineering, software engineering baselining, software engineering benchmarking, software engineering process assessment, software engineering repository, software engineering systems analysis, software engineering systems design, software inspection, software installation, software integration, software internationalization, software life cycle, software localization, software maintenance, software measurement, software metric, software porting, software product assessment, software product development assessment, software rapid prototyping, software reliability, software reverse engineering, software testing standard, copyright, copyright infringement, copyright law, software copyright, direct infringement, literal infringement, hedge fund, contributory infringement, software registration process, analysis technique

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