Over the last several years, Dr. Kerschberg has been engaged as an expert consultant in a number of law suits. These involve patent infringement as well as the misappropriation of trade secrets. Some recent cases in which he has provided expert testimony are listed below.
Click on the bold links below to view the entire case description.
IMS Expert Services |
Dates: June 2007 - March 2008 Dr. Kerschberg served as an expert consultant on a case described below. A web applications consultant was sought by IMS ExpertServices to testify as an expert witness in a patent infringement case involving web applications for measuring web traffic and other internet metrics. Both parties to the lawsuit were involved in providing the internet community with web applications for data capture and warehousing. This data, known as internet metrics, is used in internet marketing for data mining and business decisions regarding budgeting for internet advertising, including banner advertising and pay-per-click, or PPC campaigns. A strong background in web applications a working knowledge of web analytics and web applications software used by internet marketers and internet advertising companies were vital characteristics and areas of expertise for the expert in this case. |
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Hennigan, Bennett and Dorman |
Dates: February 2007 - January 2008 Case No. BC332199 , Superior Court of the State of California, Los Angeles County - Central District. Litigants: Cogent Systems, Inc. versus Northrop Grumman Corporation Dr Kerschberg served as a tesifying expert for Cogent Systems, in litigation involving two large-scale systems that use both client-server as well as Internet-based service-oriented architectures with Web services. He wrote a report comparing and contrasting the two systems involved in the litigation: NAFIS and IDENT1. He also provided deposition testimony with regards to his report. The case was recently settled out of court. Here is a link describing the details of the settlement: http://www.washingtontechnology.com/online/1_1/31399-1.html
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Wilmer Cutler Pickering Hale and Dorr |
Dates: July 2005 - December 2005
Case No. 2:04-CV-436 (TJW), in the US District Court, Marshall Texas.
The issues revolved around "Performance Databases" in which budgets may be prepared in a distributed online fashion using spreadsheets.
Each side sued the other and there were four patents involved, two from each side. I provided a declaration regarding claim construction for the four patents, as well as a 7.5-hour deposition in the offices of Wilmer Cutler Pickering Hale and Dorr in New York City.
Wilmer Hale won the case. Here is a link to the Press Release by Wilmer Hale.
Both Hyperion and OutlookSoft has since been acquired by Oracle and SAP, respectively.
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Gibson, Dunn & Crutcher |
Dates: May 2005 - November 2005 Case No. _04-1258-SLR , United States District Court in Delaware. Dr. Kerschberg served as a consultant to the firm Gibson, Dunn & Crutcher, LLP to argue that prior art existed based on a system called MEDCLAIM that he had developed in 1985 while at the University of South Carolina. The case involved McKesson Information Solution, LLC and The Trizetto Group, the latter being represented by Gibson Dunn. I wrote a declaration showing how MEDCLAIM had the same features described by McKesson’s patent, analyzing it on a claim-by-claim basis. I provided a deposition in Washington DC which lasted about 7 hours. What was interesting about the McKesson patent's prosecution history, was that the patent examiner at the time, rejected the original claims based on a paper written by my co-Principal Investigator describing the MEDCLAIM system.
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Arter and Hadden |
Dates: December 1999 - March 2000 This case involved Teligent suing ClaraVista. The case centered on the theft of trade secrets, in this case the theft of an architecture and a database schema developed for Teligent's "Bill Presentment" system. Teligent claimed that ClaraVista had used Teligent trade secrets in developing a similar system for another client. The case was settled out-of-court, after an associate found source code and a CD-ROM that showed that the Teligent system and the competitor's system were residing on the same server's hard drive. Dr. Kerschberg wrote memoranda regarding system architecture, database management systems, data models, etc. He also attended depositions and provided questions for counsel. |
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