Expert Witness Experience


Brief Summary of Expert Witness Experience:

  • 21 cases total (15 patent related, 2 related to trade secrets, and 4 related to product liability)
  • Authored approximately 34 expert reports
  • Provided deposition on 12 different occasions
  • Provided expert witness court testimonial on multiple days for each of 3 jury trials, plus court testimonial for 1 Markman hearing with a Special Master.

Case List:

  1. The Whirlpool Case: Knobbe, Martens, Olsen & Bear, LLP representing defendant TST Water, LLC. Morrison & Foerster, LLP representing plaintiff Whirlpool Corporation. July 2016 – Current. Authored opening report on Invalidity and rebuttal non-infringement report.  Deposition taken on November 30, 2016. Jury trial scheduled for the week of 3/6/16.
  2. The Spigen Cell Phone Case: East West Law Group PC representing plaintiff Spigen Korea Co., LTD; 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.
  3. The Yeti Cooler Case: Fish & Richardson P.C. representing defendant RTIC Coolers, LLC; 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 on April 28-29, 2016.
  4. The Fitbit Case: Paul Hastings LLP representing defendant Fitbit, Inc. in a case related to potential patent infringement. Work on reviewing and identifying prior art to assist with preparations for an Inter Partes Review at the PTO. January 2016.
  5. The 3M Case: Faegre Baker Daniels LLP representing defendant 3M in a case related to patent infringement; 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.
  6. 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 my client, July 2016.
  7. 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.
  8. The Coca Cola Case: Nelson-Bumgardner PC representing plaintiff Beverage Dispensing Systems in a patent infringement case; Alston & Bird representing defendant The Coca Cola Corporation. October 2014 – current. 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. Court date not set yet, but expect trial (if case does not settle) sometime during the fall of 2016.
  9. The Safe-Strap Case: Brown Rudnick LLP representing defendant Safe-Strap Corp; 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 hangers for warehouses.
  10. The Bomtech Case: Harness Dickey representing defendant Bomtech Electronics in patent infringement case, October 2013 – Nov 2013. No depositions, expert report only. Products in case are tatoo devices with sterilized cartridges to minimize negative health risks from the tatooing procedure.
  11. The Elkay Case: Leskera Law Firm representing plaintiff Stevenson & Stevenson; 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.
  12. The Motorola Case: Cox Smith representing plaintiff Effingo Wireless, Inc; 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. Products in case were wireless head sets.
  13. 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 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.
  14. Mac The Antique Plumber case: Martensen Wright PC representing plaintiff Bryan McIntire (Mac The Antique Plumber, Inc) in a patent infringement case; Fischer Law Firm, PC and Dowling, Aaron, & Keeler Inc representing defendant Sunrise Specialty Company. Provided expert report for plaintiff pertaining to case involving alleged infringement on design patent. June 2012 – July 2012. No depositions to date, expert report only. Products in case are Victorian style waterclosets.
  15. The Quality Plastics Case: Watson Rounds representing defendant Quality Plastics, Law offices of Mark Wray representing plaintiffs Laguna Manufacturing, Inc, EX-Clone Enterprises, Inc and  Treyco Concepts, LLC. Provided expert report for defendant pertaining to case involving alleged theft of trade secrets and proprietary information. Dec 2010 -Jan 2011. No depositions, case settled out of court. Products in case are plant cloning systems, prisoner restraint vehicle seats, and aftermarket motorcycle windshields.
  16. The JCM Case: Watson Rounds representing defendant Japan Cash Machine (JCM) in a patent infringement 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 are dollar bill handling and validation mechanisms.
  17. The Nevada Case: Watson Rounds and DLA Piper representing plaintiff Japan Cash Machine (JCM) in a patent infringement 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, and rebuttals to defendant’s expert reports. 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 are dollar bill handling and validation mechanisms.
  18. The Nikken case: Anwyl, Scofield & Stepp representing defendant Nikken, 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.
  19. The Jersey Case: Watson Rounds representing defendant Japan Cash Machine (JCM) in a patent infringement 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 are dollar bill handling and validation mechanisms.
  20. 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 are dollar bill handling and validation mechanisms.
  1. The Bainbridge Timbercreek case: Watson Rounds representing defendant Bainbridge Timbercreek in a patent infringement case. Consulting and expert witness report pertaining to 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
  • Consumer Product Design and Liability
  • Cash Machines and Paper/Membrane Handling Devices
  • Telephone Head Sets and Small Scale Sonar Devices
  • Water Filtration, Drinking Fountains, & Misc Plumbing Products
  • Safety Showers and Eyewash Equipment
  • ANSI/ISEA Z358.1 American National Standard for Emergency Eyewash and Shower Equipment
  • Plumbing Fixtures and Valves
  • Medical Devices, Especially Medical Filters (IV Filters, etc)
  • Acoustics and Electro-Mechanical Devices
  • Photovoltaic Panels and Wind Turbine Components
  • Computer Peripherals
  • Plastic Part Design and Application (Several Published Articles)
  • Named inventor on 12 US patents

Communication Skills:

  • As the author of two bestselling books, and 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 Fox News, MSNBC, Gary Null, Coast-to-Coast AM, and the Thom Hartmann Show.

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