"Mr. Zatkovich’s approach to the cases has been both diligent and creative."
Kilpatrick Stockton LLP
Partial Client List
Alston & Bird
America's Criminal Defense
Amster, Rothstein & Ebenstein
Cooley Manion Jones
Dorsey & Whitney
Fenwick & West LLP
Fish & Richardson
Fitch, Even, Tabin & Flannery
Harness Dickey Matthew
Patterson Belknap Webb & Tyler LLP
Stemela & Lubbe, Inc.
Ward & Olivo
Wolf Greenfield & Sacks
Case highlights for the types of cases eComp Consultants has provided technical and prior art analysis, expert reports, deposition and testimony:
TGIP v. AT&T, IDT, et.al.
Provided non-infringement rebuttal report and invalidity report. Served as testifying expert for pre-paid mobile calling cards, IVR call processing and point-of-sale calling card provisioning, Retained by defendant Telecom Co.
Ronald A. Katz: Multi-District Litigation (v. 79 defendants)
The Ronald A. Katz (or RAKTL) cases have been the most prevalent Telecommunications patent cases for the past decade. So numerous are these cases that they are combined into a MDL venue which required grouping the cases into 3 separate tracks and schedules. With eComp Consultant's extensive knowledge of Telecommunications, call centers and IVRs, our experts consulted and testified for defendants in 9 of the cases, as well as providing common invalidity consulting. In total, these cases covered 21 patents and 278 claims.
eComp Consultants implemented a specialized database for managing the large set of infringement and non-infringement arguments. This method used "concept driven" contentions to efficiently and rigorously analyze the accused systems. Cross-referencing all information in the database made the addition, refinement and substitution much easier to manage across multiple defendants.
For these cases eComp Consultants provided:
- detailed analysis of 12 accused Call Center systems
- 7 non-infringement rebuttal expert reports
- 6 depositions
More importantly, eComp Consultants was able to use its extensive knowledge of the technical history of call centers. Our experts were able to compare and contrast practices and technologies that were common in the early history of call centers with newer capabilities that are significantly different both in structure and functionality.
Nuance v TellMe (Microsoft)
Testifying expert in patent litigation case involving speech recognition technology, call center systems and telecommunications automation. Analyzed prior art and researched historical telecommunications products. Provided invalidity and non-infringement expert reports, deposition and testimony. Retained by Microsoft (defendant)
eBay v. IDT Corp
Testifying expert in Voice Over IP (VOIP) and message routing technologies. Analyzed prior art, performed code reviews and provided infringement and non-infringement expert reports. Retained by IDT (defendant and plaintiff for countersuit)
Dominion Resources, Inc. v. Aspect Software, Inc. and Rockwell Automation, Inc.
Consulting expert to legal counsel for subsequent suit by Katz defendant to recover damages from software vendor providing solution. Expertise in telecommunications and IVR call processing. Provided expert declaration and testimony on which parties performed which limitations of the asserted claims in order to determine liability. Retained by Aspect Software (defendant)
Dow Jones v. Ablaise
Consulting expert in web browser and dynamic web page technology. Analyzed defendant product and provided infringement contentions. Retained by patent holder (plaintiff).
Bid for Position LLC v. AOL, Microsoft, Google, MIVA inc.
Testifying expert in web search engines and auction of search keywords. Provided expert report on non-infringement and invalidity. Retained by MIVA (defendant).
Sitrick v. Electronic Arts
Consulting expert for software developer suing game company for infringement of multi-console game patent. Provided declarations of prior art in online gaming technology. Retained by gaming company (defendant).
Logiclink v. Keylink
Testifying expert in a patent litigation case involving the infringement of ecommerce kiosk technology for business centers at hotel chains such as Hilton Hotels. Analyzed the defendant’s product and provided a detailed infringement report comparing the accused product with the asserted patent claims. At trial, the expert was successful in explaining to the court both the complex technology and the asserted infringement. Retained by Logiclink (plaintiff)
Cohen v US
Testifying expert for internet copyright infringement. Analyzed websites where copyrighted documents were provided free for view and download without plaintiff’s knowledge or approval. Additional analysis performed for traffic and popularity of sites and materials during infringement period. Provided damage assessment based on publishing industry standards. Provided website analysis and damage assessment, expert report, deposition and testimony. Retained by Cohen (plaintiff)
Great Lakes Intellectual Property Ltd, v. Sakar International Inc.
Consulting expert for patent damage assessment. Provided expert report and damage valuation for reasonable royalties for international distribution of patent-infringing mouse chip. (defendant)
General Electric v. Kodak
Consulting expert for patent valuation. Assisted General Electric in valuation of semiconductor portfolio in potential patent infringement matter with Kodak. (plaintiff)
Palmetto Health Credit Union vs. Open Solutions, Inc.
Testifying expert for software license and professional services agreement dispute. Provided expert report including damage assessment on software licensing and professional services practices. Retained by Palmetto Health Credit Union (plaintiff)
CBSI v. Sempra Energy
Consulting expert in consumer billing applications. Provided expert report showing invalid contract termination. Retained by software vendor (plaintiff).
Patent Holding Consortium
Consulting expert engaged to determine licensing and infringement potential for e-ticketing patent.
Consulting expert engaged to evaluate prior art, licensing and infringement potential of 50 call center patents.
Duick v Toyota Motor Sales and Saatchi & Saatchi
Consulting and testifying expert in a web-based advertising campaign dispute. Provided trial testimony regarding the usability of an interactive website used as a promotional entertainment tool. Compelling testimony led to a favorable decision for Toyota/Saatchi & Saatchi. Retained by Toyota Motor Sales and Saatchi & Saatchi (defendant).
Imhoff & Associates v. America's Criminal Defense
Testifying expert in search engine optimization and use of paid Ad-word searches. Provided analysis to determine use or mis-use of advertising keywords and estimated resulting damages. Retained by competing firm (defendant).
Rothrock v Pittsburgh Kung Fu
Consulting expert in search engine technology. Provided report analyzing possible misdirection of search engine by competitor. Retained by martial arts school (plaintiff).
Datamaxx Applied Technologies v Computer Projects of Illinois, Inc.
Consulting and testifying experts in a software copyright infringement case involving software used by federal, state and local law enforcement and criminal justice agencies. The technology in this case related to Internet based Law Enforcement Products with robust user interfaces and diverse data exchanges and interfaces. Provided expert report and testimony regarding the comparison of the competitor’s operational software, along with comprehension and elimination of many standard procedures dictated by the law enforcement industry. eComp used the standard Whelan Test and Abstraction, Filtration, Comparison Test methodologies to to identify many key areas of the accused software that were 'reengineered' from the Plaintiff’s software. The expert report was a strategic piece of the case that resulted in a successful outcome for our client. Retained by Pennington, Moore, Wilkinson, Bell & Dunbar on behalf of Datamaxx Applied Technologies (plaintiff).
Media publisher v. Web content distributor
Consulting expert for magazine and web publisher suing web publisher for allegedly using their photographs. Retained by content distributor (defendant).
Dallal v. New York Times
Testifying expert in media publishing practices, web content licensing and copyright. Provided expert report showing copyright infringement and violation of media license. Retained by freelance photographer (plaintiff).
Ameranth v. Six Continents Hotels
Consulting and testifying expert in a software case involving misused of trade secrets and limited web-based advertising opportunities. Provided expert report on standard advertising practices, actual market characteristics and realistic revenue expectations. eComp Consultants also supplied a trade secret analysis based on the Whelan Test and Abstraction, Filtration, Comparison Test methodologies. Expert report provided information to supplement arguments in mediation that resulted in a speedy resolution. Retained by Alston & Bird on behalf of Six Continents Hotels (defendant).
PointServe Inc. v. Scient Corp
Consulting expert to evaluate web product development by vendor and online directory for commercial services. Provided expert report showing defendant's failure to meet software specifications. Retained by web vendor (defendant).
PegaSystems Inc. v. Qwest Corp
Consulting expert in telecommunications call centers and service order entry systems. Provided expert report showing performance failure of software and failure to meet requirements. Retained by telecommunications company (plaintiff).
LATimes v. Software AG
Testifying expert in software contract dispute involving the interpretation of multi-seat licensing. Provided declaration and testimony in deposition showing violation of software licensing. Retained by software vendor (defendant).
US v Bobby Holt
Testifying expert in child pornography case. Provided media forensics analysis of cell phone and camera data regarding the nature and origin of the data thereon. Reviewed law enforcement practices for retrieval of accused media. Provided expert report and trial testimony. Retained by Bobby Holt (defendant)
Carolyn Wilson and Solutions, Inc v Robert Healy
Testifying expert for proprietary information theft and company damage. Provided computer forensic analysis to produce evidence sufficient to obtain an injunction against defendant and obtain an order for seizure of computer and communications equipment in their possession. Performed additional analysis to determine level of damages incurred by plaintiff. Retained by Solutions Inc. (plaintiff)
Affinity vs. Citibank
Vendor suing customer for non-payment of services rendered. Research progress of vendor regarding promised software enhancements and performance of software. Settled in mediation. Retained by Citibank (defendant)
Delpha Louise Brown v Camacho for American National Property & Casualty Co.
Testifying expert for insurance liability litigation. Provided expertise in cellular phone and messaging technology with opinions on billing data and cellular application transactions to determine if cellular activity distraction led to cause of accident. Provided mediation materials and deposition. Retained by American National for Camacho (defendant).
Kearney v. Auto-Owners
Testifying expert for insurance liability litigation. Provided expertise in information technology regarding systems policies, workflow processes, actual practices, opinions on compliance with statutory requirements. Provided expert report, deposition and testimony. Retained by Kearny (plaintiff)