Intellectual Property Testimony Work of Brad A. Myers
Brad A. Myers has worked for 29 law firms as an expert witness on about 47
intellectual property (IP) cases, all related to patents. The complete list of law firms is
in my resume at:
http://www.cs.cmu.edu/~bam/resume.html.
This includes over 23 expert reports, about 12 depositions, and
testimony at 1 jury trial and 1 ITC hearing. I have performed prior art
searches, and prepared analyses and reports and
given testimony on claim construction, infringement, prior art, and validity.
Personally have 1 issued patent (5,581,677) and 2 patents pending. My patents
and all of my other publications are also listed in my
resume.
My focus is on expert witness work on
user interface patents, including user interfaces,
human-computer interaction (HCI), web user
interfaces, interaction techniques, visual programming, graphical user
interfaces (GUIs), handheld and mobile device user interfaces, pen interfaces,
phone user interfaces, window managers, and programming environments.
All Public Reports, Declarations, Depositions, Hearing, and Trial Expert Witness Work:
- Apple Computer, Inc v. Microsoft Corp. and Hewlett-Packard Co.
Worked for
Apple through the law firm of Brown and Bain.
Approximately March of
1989.
- Expert report on whether the Microsoft products
used certain features claimed by Apple.
In that case, I evaluated the window managers of the time from
Microsoft and Apple, and gave an opinion on which features were
similar in the two designs.
- Wang Laboratories, Inc. vs. America Online Inc., and Netscape
Communications Corp. in the US District Court for the Eastern District
of Virginia, Alexandria Division, Civil Action No. 97-1628-A.
Worked
for AOL through the law firm of Nixon and Vanderhye.
February, 1998.
- Research on prior art
- Deposition that Wang patent claims if asserted on AOL also covered
certain features of Windows 95
- Deposition date: March 25, 1998
This case was about a VideoText patent and whether it applied to the World-Wide-Web.
I found significant prior art relevant to the case, and wrote a report evaluating to what extent the claims as
interpreted by Wang would apply to various aspects of the Microsoft Windows Operating System and Internet Explorer.
- National Instruments Corporation vs. PPT Vision, Inc. in the United
States District Court for the Western District of Texas Austin
Division, Civil Action No. A-99-CA-187 JN.
Worked for PPT through the
law firm of Lindquist & Vennum.
November, 1999 - May, 2000.
- Expert reports on prior art and infringement
- Deposition date: April 18, 2000
National Instrument's patents were about a Visual Programming language, and I helped PPT Vision find prior art, and also show that their visual language was not the same kind as described in the patent, so did not infringe.
- Certain Set-Top Boxes and Components Thereof,
GemStar-TV Guide International Inc. and StarSight Telecast Inc. vs.
Pioneer, Scientific Atlanta, EchoStar and SCI Systems,
in the United States International Trade Commission,
Washington, D.C. Before the Honorable Paul J. Luckern
Worked for EchoStar through the law firm of Morrison & Foerster, LLP
August - December, 2001.
- Expert reports, deposition and hearing testimony on claim
construction, infringement, prior art, and validity.
- Deposition dates: 11/2 - 11/3/2001
- Testimony at hearing on: 12/14/2001
GemStar's patents related to a presentation of television schedules on a screen. One patent I
focused on related to the user interface for how the user could navigate through a schedule.
- Declaration to the United States Patent and Trademark Office in re:
Application of: Samuel Sergio Tenenbaum, Serial No: 09/922,232, filed:
August 3, 2001, "Computerized Advertising Method and System".
- Declaration that invention differs from web pop-ups, April 28, 2003
- Xybernaut Corporation v. Viewsonic Corporation, in the United States
District Court for the Eastern District of Virginia Alexandria
Division, Civil Action No. 03-1549-A.
Worked for Viewsonic through the
law firm of Cooley Godward LLP.
March - June, 2004
- Declaration on validity, May 7, 2004
- Deposition on validity, May 27, 2004
The case related to handheld devices used as remote monitors for desktop PCs.
- GTECH Corporation, v. Scientific Games International, Inc., Scientific
Games Holdings Corporation, Scientific Games Finance Corporation, and
Scientific Games Corporation, In The United States District Court For
The District Of Delaware, Civil Action No. 04-138-JJF.
Worked for SGI through the law firm of Morris, Nichols, Arsht & Tunnell.
May, 2005 - March, 2006
- Expert reports on claim construction, infringement, prior art, and
validity
- Deposition date: October 12, 2005
This case related to how images are presented on the screens of lottery ticket vending machines.
- American Video Graphics, L.P., v. Microsoft Corporation, In The United
States District Court For The Eastern District Of Texas, Tyler
Division.
Worked for Microsoft through the law firm of Weil Gotshal & Manges LLP.
January, 2005 - September, 2005
- Expert report on prior art
My report discusses early windowing systems.
- Certain Digital Image Storage and Retrieval Devices,
Ampex Corporation vs. Eastman Kodak Company and Altek Corporation.
in the United States International Trade Commission,
Washington, D.C. Before the Honorable Robert L. Barton, Jr.;
AND
- Ampex Corporation v. Eastman Kodak Company, Altek Corporation, and
Chinon Industries, Inc. in the United States District Court for
the District Of Delaware, Civil Action No. 04-1373(KAJ).
Worked for Kodak through the law firm of Wilmer Cutler Pickering Hale
and Dorr LLP.
November, 2004 - 2006
- Expert reports and depositions on validity
- Deposition dates: June 10, 2005 and May 3, 2006
These cases related to displaying small images (now called "thumbnails") on the digital cameras.
- Wireless Agents, L.L.C. v. Sony Ericsson Mobile Communications AB, and
Sony Ericsson Mobile Communications (USA) Inc., in the United States
District Court, Northern District of Texas, Dallas Division, Civil
Action No. 3:05-CV-289-D.
Worked for Sony Ericsson through the law firm of Thompson & Knight L.L.P.
May, 2005 - 2007
- Expert reports and declarations on claim construction,
infringement, prior art, and validity
- Deposition dates: August 30, 2005 and June 20, 2006
This case related to a screen rotating to cover the keys of mobile phones.
- Wireless Agents v. AMOI Electronics et al. including Kyocera Wireless
Corp. and Amp'd Mobile, Inc. et. al., in The United States District Court for The Western District Of Texas, Austin Division, Civil
Action No. A-06-CA-492-SS.
Worked for Kyocera and Amp'd through the law firm of McKool Smith, P.C.
October, 2006 - 2007
- Declaration on validity, November 7, 2006
- Deposition December 19, 2006
This case related to a screen sliding to cover the keys of mobile phones.
- CCC Information Services Inc. v. Mitchell International, Inc.,
in the United States District Court For The Northern District of
Illinois, Eastern Division, Case No. 03 C 2695.
Worked for Mitchell through the law firm of Kirkland & Ellis LLP
May, 2004 - 2007
- Expert report on validity, December 15, 2006
- Expert report on non-infringement, January 29, 2007
This case related to the user interface for software for automobile insurance evaluations.
- Microsoft Corporation v. Lucent Technologies Inc., Alcatel-Lucent,
and the Multimedia Patent Trust. United States District Court,
Southern District Of California, Case No. 06-CV-0684 H (CAB).
Worked for Microsoft through Fish & Richardson P.C.
April, 2007 - May, 2008
- Expert report on infringement, 12/7/2007
- Expert rebuttal report on validity, 12/21/2007
- Supplemental report, 2/11/2008
- Deposition: 2/13/2008
- Jury Trial testimony: 5/9/2008
My part of this case related to having multiple cover sheets for facsimiles.
- Asian Communications Pty Ltd., and Tegic Communications, Inc., v. Zi
Corporation, and Zi Corporation of America, Inc. in the United States
District Court, Northern District, San Francisco Division, Case
No. 00-0989 MMC
Working for Zi Corporation through the law firm of Mayer Brown LLP.
September, 2008 - February, 2009
- Declaration on October 16, 2008
This case related to text entry using keypads.
- Girafa.com, Inc., v. Amazon Web Services LLC, Amazon.COM, Inc., Alexa
Internet, Inc., IAc Search & Media, Inc., Snap Technologies, Inc.,
Yahoo! Inc., Smartdevil Inc., Exalead, Inc., and Exalead S.A. in the United States District Court For The District Of Delaware, Case No. C.A.
No. 07-787 with Judge Sue L. Robinson.
Working for Girafa through the law firm of Sughrue Mion, PLLC.
Jan, 2008 - ongoing
- Declarations on March 12, 2008 and July 3, 2008
- Deposition on April 18, 2008
- Reports on February 12, 2009, March 13, 2009, April 17, 2009, etc.
- Deposition on April 20-23, 2009
This case relates to thumbnail images on web pages.
- Alexa Internet, Inc. v. Girafa.com, Inc.
in the United States District Court For The Eastern District Of Texas
Marshall Division, Case No. 2:08-cv-121.
AND
- Girafa.com, Inc. v. Alexa Internet, Inc.; Niall O'Driscoll, in the United States District Court,
Northern District of California, Case No. 08-2745
Working for Girafa through the law firm of Sughrue Mion, PLLC.
Aug, 2008 - ongoing
- Declaration on August 15, 2008
These cases relate to thumbnail images on web pages.
Maintained by Brad Myers