Expert Witness Experience


Brief Summary of Expert Witness Experience:

  • 37 cases total (27 patent related, 2 related to trade secrets, 1 related to quality/breach of contract claims, and 7 related to product liability)
  • Authored approximately 50 expert reports
  • Provided deposition on 16 different occasions
  • Provided expert witness court testimonial on multiple days for each of 5 jury trials, plus court testimonial for 1 Markman hearing with a Special Master

Case List:

  1. The Kohler Shower-Bar Case: Michael Best & Fredrich LLP representing defendant Kohler Co., LTD in defending petition to the PTO for Inter Partes review of utility patent held by Kohler Co., LTD; Baker Botts LLP representing plaintiff Moen, Inc. October 2018 – Current. Expect to file IPR declarations with PTO on behalf of Kohler. Products in case are shower-bar based shower systems. I also anticipate working on behalf of Kohler as plaintiff in a utility patent case against Moen, pertaining to the same utility patent.
  2. The Scanomat TopBrewer Case: SKS Law Group representing cross-complainant Danish manufacturer Scanomat A/S in a breach of contract case; Ogloza Fortney LLP representing cross-complainant Purcell-Murray Co, INC. Products in case are high-end coffee brewing systems for businesses and luxury residences. September 2018 – Current. Evaluate samples of product, and various service record claims. Expect to represent client in jury trial scheduled to start November 26, 2018. Significant chance that trial may be delayed until sometime in 2019.
  3. The Ningbo Case: Kasowitz Benson Torres LLP representing defendant Ningbo Pureza LTD and Crystala Filters LLC in a utility patent case; Venable LLP and Electrolux General Counsel (IP) representing plaintiff Electrolux Home Products Inc. August 2018 – Current. I will be authoring expert reports on noninfringement and invalidity, inputs on claim constructions, plus rebuttals to plaintiff’s reports. Trial date March 28 – April 2, 2019. Products in case are after-market replacement water filters for residential refrigerators.
  4. The Cellhelmut Case: Blank Rome LLP representing defendant Kane & McHenry Enterprises, LLC (dba cellhelmet) in a utility patent case; Haynes & Boone LLP representing plaintiff NITE IZE LLC. August 2018 – October 2018 (case on the verge of settling). Initial evaluation for claim constructions, potential invalidity contentions, and noninfringement contentions. Products in case are mounting devices for hands free access to cell phones and tablets.
  5. The Ultraproof Case: Lewis Brisbois LLP representing plaintiff Spigen Korea Co., LTD in a utility patent case; Bishop Diehl & Lee representing defendant Ultraproof. July 2018 – September 2018. Evaluation of competitor’s product for potential infringement. Products in case are protective cases for cell phones.
  6. The Delta Faucet Case: Michael Best & Fredrich LLP representing defendant Kohler Co., LTD in a utility patent case; Faegre Baker Daniels representing plaintiff Delta Faucet Company. July 2018 – October 2018 (case on the verge of settling). Initial evaluation for claim constructions, potential invalidity contentions, and noninfringement contentions. Products in case are showerhead systems.
  7. The Glud & Marstrand Case: Pepper Hamilton LLP representing US manufacturer of cosmetic packaging in presenting petition to the PTO for Inter Partes review of two utility patents held by Glud & Marstrand A/S. April 2018 – May 2018. Two declaration/reports to present to the PTO in support of this IPR. Products in case are protective cases for CDs and DVDs. (Expect PTAB decision approx summer of 2019)
  8. The Sioux Chief Case: Quarles & Brady LLP representing Zurn in presenting petition to the PTO for Inter Partes review of one utility patent held by Sioux Chief Manufacturing Co., Inc. March 2018 – Current. Two declaration/reports to present to the PTO in support of IPR. Products in case are floor drain installation systems for residential and commercial properties. Expect PTAB decision approx summer of 2019. Case currently moving into litigation phase. Anticipate authoring expert reports on invalidity and noninfringement.
  9. The TST Case: Harrington, Foxx, Dubrow & Canter, LLP representing defendant TST Water, Inc. in a liability case; Bauman, Lowe, Witt & Maxwell representing plaintiff Hartford Underwriters Insurance Company. February 2018 – May 2018. Failure analysis of water filter housing which contributed to substantial property damage. Case settled out of court with favorable settlement for defendant, May 2018. Failure analysis played critical part in obtaining favorable settlement.
  10. The Solar Wind Works Case: Kroeker Law representing plaintiff Solar Wind Works in a liability case; defendant SunModo and the insurance adjuster represented by in-house counsel. December 2017 – January 2018. Failure analysis of SunModo solar panel mounting brackets which failed under heavy snow loads, contributing to substantial property damage. Case settled out of court, July 2018. Report on failure analysis played a critical part in obtaining favorable settlement.
  11. The Gutterglove Case: Downey Brand LLP representing American Die & Rollforming, along with Artesian Home Products, in presenting petition to the PTO for Inter Partes review of two separate utility patents held by Gutterglove, Inc. August 2017 – November 2018. Authored three declaration/reports, and two rebuttals, to present to the PTO in support of this IPR. Deposition on June 20, 2018. Products in case are gutter debris repelling systems for residential and commercial roofs. Case settled out of court with favorable settlement for ADR, who dropped the IPR proceedings, November 2018.
  12. The EcoFasten Solar Case: Ascendant IP representing defendant Wencon Development, Inc, dba Quick Mount PV, in a utility patent case; Kercsmar & Feltus PLLC representing plaintiff Rillito River Solar, LLC, dba EcoFasten Solar. June 2017 – Current. Opening report due approximately April 2019, but most likely this case will settle before I do anymore work on it (delayed due to reassignment into local district w/ Markman hearing now scheduled for Feb 2019). Products in case are roofing mounts for PV solar panels, which include integral roof flashing with special leak prevention features.
  13. The Woodstream/Home Depot Case: Goodman Law representing plaintiff Mehdi Zandi Bonakdar in an injury/liability case; Bassett, Discoe, McMains & Kargozar representing the defendants, Woodstream Corporation and Home Depot USA, Inc. April 2017 – May 2017. Work on expert report for plaintiff pertaining to part failure attributed to injury accident received while setting a brand new rat trap. Case settled out of court with favorable settlement for plaintiff, May 2017.
  14. The GutterGuard Case: Costello Law Corporation representing defendant American Die and Rollforming, dba Valor Gutter Guard, in a utility patent case; Kutak Rock LLP representing plaintiff Gutterglove, Inc. March 2017 – November 2018. First draft of non-infringement report completed for use in preparing motions for summary judgment. Deposition on February 23, 2018. Favorable summary judgment ruling against infringement of all defendants’ products on main patent. Products in case are gutter debris repelling systems for residential and commercial roofs. Case settled out of court with favorable settlement for defendant, November 2018.
  15. The Ignite Travel Mug Case: Seyfarth Shaw, LLP representing defendant Pacific Market International (PMI) in a utility patent case; Carpenter Lipps & Leland, LLP representing plaintiff Ignite USA, LLC. February 2017 – Current. Authored opening expert report on invalidity and rebuttal non-infringement report. Deposition on October 24, 2018. Products in case are insulated beverage dispensing containers.
  16. The Belkin Case: Wilson Sonsini Goodrich & Rosati, PC representing defendant Belkin International, Inc in a patent case involving both utility and design patents; Troutman Sanders, LLP representing plaintiff Kenu, Inc. January 2017 – Current. Authored opening expert report on invalidity and rebuttal non-infringement report. Deposition taken on April 28, 2017. Favorable summary judgment ruling against infringement of all defendants’ products on utility patent, leaving only the design patent in suit at trial, with low damages potential due to current second generation Belkin product not accused of design patent infringement. Trial June 11-15, 2018. Hung jury resulting in mistrial (new trial date April 29-May 3, 2019). Products in case are cell phone mounting devices that attach to automotive heater vent grills.
  17. The Coca Cola Case: Nelson-Bumgardner PC representing plaintiff Beverage Dispensing Systems (BDS) in a utility patent case; Alston & Bird representing defendant The Coca Cola Corporation. October 2014 – March 2017. Authored expert reports for plaintiff on patent infringement, validity rebuttal to defendant’s invalidity report, and infringement rebuttal to defendant’s non-infringement report. Two day deposition taken Sept 3-4, 2015. Case settled quite favorably for BDS on Friday evening 3/24/17, just before the start of jury trial scheduled for the following Monday. Products in case were beverage mixing and dispensing machines.
  18. The Whirlpool Case: Knobbe, Martens, Olsen & Bear, LLP representing defendant TST Water in a utility patent case; Morrison & Foerster, LLP representing plaintiff Whirlpool Corporation. July 2016 – March 2017. Authored opening report on invalidity and rebuttal non-infringement report. Deposition taken on November 30, 2016. Jury trial week of 3/6/17 in Marshall TX with decision against defendant. Products in case were refrigerator mounted water filters.
  19. The Spigen Cell Phone Case: East West Law Group PC representing plaintiff Spigen Korea Co., LTD in a utility patent case; Park Law Firm representing defendant Verus USA, LLC. March 2016 – November 2016. Authored expert reports on infringement and validity, plus rebuttals to defendant’s reports. Deposition taken on July 7, 2016. Case settled after the first day of jury trial, just minutes before I was to take the stand. Products in case were protective cases for cell phones.
  20. The Yeti Cooler Case: Fish & Richardson P.C. representing defendant RTIC Coolers, LLC in a utility patent case; Baker Botts LLP representing plaintiff Yeti Coolers, LLC. February 2016 – July 2016. Authored expert report in support of defendant’s opening Markman brief. Work on evaluating prior arts and patent claims in preparation for drafting expert reports on non-infringement and invalidity. Deposition for Markman brief report on term definition on April 19, 2016. Testimonial in court with Special Master during Markman hearing April 28-29, 2016. Products in case were blow molded ice chests.
  21. The Fitbit Case: Paul Hastings LLP representing defendant Fitbit, Inc. in a utility patent case. Work on reviewing and identifying prior art to assist with preparations for an Inter Partes Review at the PTO. January 2016. Products in case were wrist mounted exercise and heart monitoring devices.
  22. The 3M Case: Faegre Baker Daniels LLP representing defendant 3M in a utility patent case; Quinn Emanuel Urquhart & Sullivan LLP representing the plaintiff Moldex Metric, Inc. October 2015 – January 2016. Worked for defendant on evaluation of prior arts and patent claims in preparation for drafting expert report, but my portion of case was closed when plaintiff chose to not file an expert report on the patent I was hired to evaluate. Products in case were protective sound dissipating ear plugs and earmuffs.
  23. The Lighter Case: Day & Nance representing plaintiff Manuela Ferreira in an injury/liability case; Thorndal Armstrong Delk Balkenbush & Eisinger representing the defendants, Supermaxx Management and My Imports West, LLC. May 2015 – July 2016. Authored expert report for plaintiff pertaining to inadequate child resistance features contributing to injury accident with utility lighter. Case settled out of court with favorable settlement for plaintiff, July 2016.
  24. The Hatfield Meats Case: SMB&B PC representing plaintiff Joe Keith in an injury/liability case; ZBDKS&T PC representing defendant Clemens Food Group/Hatfield Meats; Gibbons PC representing defendant Honeywell; Bennett, Bricklin and Saltzburg, LLC representing defendant Warren Rupp. February 2015 – March 2016. Authored expert report for plaintiff on probable cause and liability of accident. No depositions, but did provide key testimony pertaining to ANSI Standard Z358.1 for Emergency Showers and Eyewash Equipment in jury trial for most of one full day, plus almost two hours in each of two additional days. Jury awarded $1.8M to plaintiff in this case.
  25. The Safe-Strap Case: Brown Rudnick LLP representing defendant Safe-Strap Corp in a utility patent case; O’Rourke Law Office representing plaintiff Paul Artemi. October 2014 – February 2015. Provided invalidity and non-infringement expert reports for defendant, and rebuttal reports. No deposition, case settled out of court. Products in case were multi-garment specialty clothing hangers for warehouses.
  26. The Bomtech Case: Harness Dickey representing defendant Bomtech Electronics in utility patent case, October 2013 – Nov 2013. No depositions, expert report only. Products in case were tatoo devices with sterilized cartridges to minimize negative health risks from the tatooing procedure.
  27. The Elkay Case: Leskera Law Firm representing plaintiff Stevenson & Stevenson in an injury/liability case; Heyl, Royster, Voelker & Allen representing defendants Elkay Manufacturing Co. and Madhukar V. Bhakta, February 2013 – April 2014. Provided expert report for plaintiff pertaining to product liability. One day deposition taken, case settled out of court. Product in the case was a wall mounted electric water cooler type of drinking fountain.
  28. The Motorola Case: Cox Smith representing plaintiff Effingo Wireless, Inc in a utility patent case; Kilpatrick Townsend representing defendant Motorola Mobility, LLC. August 2012 – May 2013. Provided expert reports for plaintiff both on patent infringement and validity. Authored rebuttal to defendant’s expert report. One day deposition taken. Testified in court before the judge and jury in San Antonio TX with decision invalidating plaintiff’s patent due to anticipation. Products in case were wireless head sets.
  29. The Sanyo Case: Westerman, Hatori, Daniels & Adrian LLP representing a major offshore manufacturer of solar panels (Sanyo) in response to Inter Partes Review PTO action on utility patent assigned to client. June 2012 – July 2012. No depositions, expert report only. Products in case were photovoltaic solar panel modules. Expert report led to PTO reversing initial decision to invalidate claims, leaving all claims intact.
  30. Mac the Antique Plumber Case: Martensen Wright PC representing plaintiff Bryan McIntire (Mac The Antique Plumber, Inc) in a design patent case; Fischer Law Firm, PC and Dowling, Aaron, & Keeler Inc representing defendant Sunrise Specialty Company. Provided infringement report for plaintiff. June 2012 – July 2012. No depositions, expert report only. Products in case were Victorian style water-closet/toilets.
  31. The Quality Plastics Case: Watson Rounds representing defendant Quality Plastics in a case involving alleged theft of trade secrets and proprietary information; Law offices of Mark Wray representing plaintiffs Laguna Manufacturing, Inc, EX-Clone Enterprises, Inc and Treyco Concepts, LLC. Dec 2010 -Jan 2011. No depositions, provided expert report. Case settled out of court. Products in case were plant cloning systems, prisoner restraint vehicle seats, and aftermarket motorcycle windshields.
  32. The JCM Case: Watson Rounds representing defendant Japan Cash Machine (JCM) in a utility patent case; Pepper Hamilton LLP representing plaintiff Mars Equipment International (MEI). Authored both invalidity and noninfringement expert reports for defendant JCM. Two-day deposition taken. Case settled out of court. Fall/winter of 2010/2011. Products in case were dollar bill handling and validation mechanisms (money machines for the gaming industry).
  33. The Nevada Case: Watson Rounds and DLA Piper representing plaintiff Japan Cash Machine (JCM) in a utility patent case; Pepper Hamilton LLP representing defendant Mars Equipment International (MEI). Initial work in 2007, leading up to trial in 2008. Gave two depositions. Authored expert reports for plaintiff on patent infringement, validity rebuttal to defendant’s invalidity report, and infringement rebuttal to defendant’s non-infringement report. Testified in court before the judge and jury. I was the key technical witness in this case, and my client was awarded a substantial eight-figure judgment against the defendant. Products in case were dollar bill handling and validation mechanisms (money machines for the gaming industry).
  34. The Nikken Case: Anwyl, Scofield & Stepp representing defendant Nikken in a liability case; Cholakian & Associates representing plaintiff State Farm Insurance Company. Provided expert stress analysis, product evaluation, and advice to defendant pertaining to product liability case involving consumer water filter housings. No depositions, settled out of court, 2007. Product in case was a consumer under-the-counter water filtration unit.
  35. The Jersey Case: Watson Rounds representing defendant Japan Cash Machine (JCM) in a utility patent case; Fish & Richardson representing plaintiff Mars Equipment International (MEI). Invalidity expert report for defendant resulted in summary judgment of patent invalidity in favor of my client (JCM). Deposition taken in support of case in 2006. Products in case were dollar bill handling and validation mechanisms (money machines for the gaming industry).
  36. The Nugent Case: Watson Rounds representing plaintiff Japan Cash Machine (JCM); Fish & Richardson representing defendant Mars Equipment International (MEI). Case involved alleged theft of trade secrets and proprietary information. Expert reports and two depositions taken in support of case for JCM. Settled out of court after deposition in 2005. Products in case were dollar bill handling and validation mechanisms (money machines for the gaming industry).
  37. The Bainbridge Timbercreek Case: Watson Rounds representing defendant Bainbridge Timbercreek in a utility patent case. Consulting and expert witness report pertaining to a utility patent infringement case for defendant Bainbridge Timbercreek. No depositions, settled out of court, 2003. Products in case were glue gun resin and catalyst mixing and dispensing tips.

 

 Areas of Expertise:

  • Patent Infringement and/or Invalidity
  • Named inventor on 12 US patents (6 utility patents, 6 design patents)
  • Consumer Product Design and Liability
  • Plastic Part Design and Application (Several Published Articles)
  • Telephone Head Sets and Small Scale Sonar Devices
  • Water Filtration, Drinking Fountains, & Misc Plumbing Products
  • Valves, Pumps, Pressure Regulators, and Flow Controls
  • Safety Showers and Eyewash Equipment
  • ANSI/ISEA Z358.1 American National Standard for Emergency Eyewash and Shower Equipment
  • Cash Machines and Paper/Membrane Handling Devices
  • Photovoltaic Panels and mounting for PV panels

Communication Skills:

  • As the author of two bestselling books, plus numerous magazine and trade journal article, Stein has outstanding written communication skills.
  • Stein’s oral communication skills are also exceptional, having appeared on over a hundred radio and television programs and being a repeat guest on dozens of shows, including MSNBC, Fox News, The Thom Hartmann Show, Gary Null, and Coast-to-Coast AM. 

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