As a consulting and testifying witness in more than 15 matters relating to patents
and/or the ownership and/or alleged misappropriation of intellectual property,
Brooks Hilliard has been engaged in matters involving computer software, business
methods, computer hardware and confidential business knowledge/information.
Examples include:
Testified in a patent matter, defending against invalidity
allegations relating to anticipation and obviousness assertions, including more than
50 systems and methods claims for eight alleged prior art systems [Supply Chain
Management (SCM) software].
Testified in a trade secret matter relating to whether a hardware
manufacturer had created a product itself, or copied the design disclosed to it by an
inventor under an agreement prohibiting such copying.
Prepared declaration in a patent reexamination supporting validity
of SCM software patents.
Produced a report analyzing "look and feel" and databases structure
similarities to determine whether one business software system was derived
from a competing system written in a different programming language. A
court-ordered neutral assignment engaged by and reporting jointly to all parties to
the dispute.
Analyzed issues in a trade secret matter relating to whether
allegedly proprietary information used by an equipment maintenance company to
train technicians was publicly-available (settled prior to testimony).
Analyzed issues in a copyright matter relating to whether one
company had misappropriated the Internet web site code of another (settled prior to
testimony).
These engagements have involved both consulting and testifying expert services
covering the complete range of patent, copyright and trade secret issues. Project
efforts have included forensic investigation, preparation of opinions and
declarations, deposition testimony, trial and arbitration testimony, assistance in
settlement negotiations, and assistance in patent reexaminations.
Attorney references and case captions are available on
request
