Expert Witness Cases

With more than 30 years' experience designing electronic, optical, and mixed-technology systems, and 43 US patents issued or pending, I have amassed a lot of expertise in a number of fields, including optics, optoelectronics, electro-optics, photonics (especially silicon photonics), analog electronics, optomechanics, optical and atomic force microscopy, semiconductor processing, signal processing, simulation, electromagnetics, due diligence, and the drafting and technical interpretation of patents. Expert witness work is one natural application, and I've been testifying expert in 14 cases to date, including two depositions and testimony in a $100 million trial in February 2015. I've worked with both plaintiffs and defendants.

As an expert, I get to be "an advocate for the facts". Besides the chance to help people and work with some smart and articulate folks, it's enjoyable because it uses a different set of skills from my usual work. Give me a call or email and we'll see if I can help in your latest case.

~Dr. Philip C. D. Hobbs, Principal


Active Cases

Case Name Daniel L. Flamm v Samsung Electronics Co Ltd et al.
Jurisdiction Case No. 1:15-cv-613, US District Court for the Western District of Texas
Counsel Arnold & Porter LLP
Work Product Newly retained
Notes Testifying expert working with the defendant Samsung in an action alleging patent infringement in plasma processing for semiconductor manufacturing.
Status Case stayed pending IPR petition
Dates 2/2016 - Present

Completed Cases

Case Name Waymo LLC v Uber Technologies, Inc. et al.
Jurisdiction Case No. 3:17-cv-00939 US District Court for the Northern District of California, San Francisco Division
Counsel Morrison & Foerster LLP, Goodwin Procter LLP
Work Product Testing and reverse engineering of accused products, expert report and deposition in claim construction, reports on invalidity and noninfringement, reply report on invalidity, extensive SPICE simulations of accused and patented circuits, finding prior art for trade secrets
Notes Testifying expert working with defendants Uber and Otto in an action alleging patent infringement and trade secret misappropriation in lidar for autonomous vehicles. Requested damages are $2.3 billion.
Status Plaintiff dropped the patent side of the case 9/13/17; trial rescheduled for December 4, 2017
Dates 7/2017 - 9/2017
Case Name Neutral Referee in IP Dispute Between Former Joint Development Partners
Jurisdiction Petition for declaratory judgment filed in Arizona
Counsel Undisclosed per retention agreement
Work Product Audit report examining evidence for misuse of confidential information following an abortive joint development program, based on a site tour and discussions with technical people and attorneys from both sides.
Notes Referee tasked with determining if either party misappropriated the IP of the other in a joint development in the avionics space. An interesting and fairly novel assignment, working with both sides equally.
Status Completed
Dates 2/2017 - 5/2017
Case Name EXFO Inc. et al. v. Viavi Solutions, Inc.
Jurisdiction Case No. 2:15-cv-01685, US District Court for the Eastern District of Texas, Marshall Division
Counsel Brinks Gilson & Lione
Work Product Source code examination, declaration in claim construction, work on IPR
Notes Testifying expert working with the plaintiff in an action for patent infringement in optical fiber measurement equipment (OTDR)
Status Settled
Dates 5/2016 - 12/2016
Case Name Inter Partes Review of U.S. Pat. 7,430,355
Jurisdiction Patent Trial and Appeal Board IPR2015-00393
Counsel Wood Herron & Evans
Work Product Consulting
Notes Expert working with the patent owner, University of Cincinnati, on a patent concerning ultraviolet-activated fluorescent information displays
Status I had to tell counsel for the University that in my opinion their patent would not hold up due to widespread anticipation in the prior art. On June 6, 2016, the PTAB ruled that the claims under review were unpatentable.
Dates 6/2015 - 9/2015
Case Name Finisar Corp. v. Innolight Technology USA, Inc, et al.
Jurisdiction Civil No. 3:14-cv-01505, US District Court for the Northern District of California
Counsel Retained by Cooley LLP
Defendant Innolight Technologies USA, Innolight Technologies
Work Product Reading documents (case settled very fast)
Notes Testifying expert working with the defendant in an action alleging patent infringement in optical transceivers for telecoms
Status Settled
Dates 4/2014 - 6/2014
Case Name Yufa v. Hach Ultra-Analytics, Inc.
Jurisdiction Civil No. 1:08-cv-3022-PA, US District Court for the District of Oregon
Counsel Parsons Behle & Latimer
Defendant Hach Ultra-Analytics, Inc.
Work Product Draft report, reverse engineering of accused products demonstrating noninfringement (related to Yufa v Lockeed Martin), leading to successful motion for summary judgment
Notes Testifying expert working with the defendant in an action alleging patent infringement in optical particle counters
Status Summary judgment granted in favour of defendant
Dates 3/2014 - 6/2014
Case Name Optical Devices LLC v. Lenovo Group et al.
Jurisdiction Investigation 337-TA-897, US International Trade Commission
Counsel O'Melveny & Myers LLP
Defendant Lenovo, LG Electronics, Nintendo, Panasonic, Samsung, Toshiba, MediaTek
Work Product Extensive reverse engineering of accused products
Notes Consulting expert working with defendant Samsung in an action alleging patent infringement in the optics of DVD and Blu-Ray drives. This related to a declassified 1963 patent that covers a broad swath of laser-based technology.
Status Samsung settled out of the case, which was later terminated due to the complainant lacking prudential standing.
Dates 1/2014 - 9/2014
Case Name Morgan Solar v. Banyan Energy
Jurisdiction Patent Interference 105,972 (RES) USPTO Trial and Appeal Board
Counsel Foley & Lardner LLP
Defendant Banyan Energy
Work Product Draft declaration
Notes Expert working with Banyan in a patent interference case concerning solar concentrators.
Status Decided in Banyan's favor due to priority
Dates 12/2013 - 5/2014
Case Name Yufa v. Lockheed Martin Corp.
Jurisdiction Case No. CV-06-3923 BRO (FFMx), US District Court for the Central District of California
Counsel O'Melveny & Myers LLP
Defendant Lockheed Martin Corporation
Work Product Expert report and declaration, including substantial testing and reverse-engineering of accused products, demonstrating noninfringement, which led to the successful motion for summary judgment
Notes Testifying expert working with the defendant in an action alleging patent infringement in optical particle counters
Status Defendant's Motion for summary judgment granted 12/23/2013
Dates 8/2013 - 12/2013
Case Name Industrial Technology Research Institute v. LG Electronics, et al.
Jurisdiction Case No. 2:12-CV-00949-ES, US District Court for the District of New Jersey
Counsel Shore Chan DePumpo
Defendant LG Electronics, LG Electronics America
Work Product Assisted with tutorial, 09/13
Notes Testifying expert working with the plaintiff in an action for patent infringement concerning the positioning mechanism in optical disc recording.
Status Settled
Dates 1/2013 - 6/2015
Case Name ThinkOptics, Inc. v. Nintendo of America, et al.
Jurisdiction 6:2011cv00455 U.S. District Court for the Eastern District of Texas, Tyler office
Counsel Retained by Slater & Matsil LLP
Defendant Nintendo of America,Inc.; Intec, Inc.; Nyko Technologies, Inc.; Nintendo Co. Ltd.
Work Product Three declarations and one response in inter partes review of three patents
Notes Testifying expert working with the plaintiff in an action for patent infringement concerning video games, specifically the human interface of the Nintendo Wii.
Status Settled
Dates 11/2012 - 11/2014
Case Name Voxpath RS, LLC v. Desay A&V Science and Technology Co. Ltd, et al.
Jurisdiction Case No. 2:12-cv-00952-DMC-JAD, U.S. District Court for the District of New Jersey
Counsel Retained by Greenberg Traurig LLP
Defendant Desay A&V Science and Technology, LG Electronics; Samsung; Best Buy; Sony; Toshiba; Onkyo; Hewlett-Packard; JVC; Yamaha
Work Product Review only
Notes Testifying expert working with defendant Samsung in an action for alleged patent infringement concerning optical storage: holographic optical elements, tracking servos, and electronic signal integrity.
Status Samsung settled out of the case
Dates 10/2012 - 10/2014
Case Name DCG Systems, Inc. v. Checkpoint Technologies LLC
Jurisdiction Case No. 5:11-cv-03792-PSG, US District Court for the Northern District of California
Counsel Retained by Hopkins & Carley LLP
Work Product Declaration on claim construction, deposition, tutorial, work on expert report on invalidity
Notes Testifying expert working with the defendant in an action for alleged patent infringement concerning laser scanning and solid-immersion microscopes for semiconductor inspection and failure analysis.
Status Settled
Dates 1/2012 - 12/2012
Case Name Finisar Corp. v. Oplink Communications Inc.
Jurisdiction Case No. 1:11-cv-04381, U.S. District Court for the Northern District of Illinois
Counsel Retained by Cooley LLP
Work Product Invalidity contentions and drafts of invalidity report, reverse engineering of one of the plaintiff's products
Notes Testifying expert working with the defendant in a patent infringement action concerning fiber optic transceivers. The case was settled before reports were due.
Status Settled
Dates 8/2011 - 12/2011
Case Name Texas Advanced Optoelectronic Solutions, Inc. v Intersil Inc.
Jurisdiction Case No. 4:08-cv-451-RAS, Sherman Division, Eastern District of Texas
Counsel Bragalone Conroy LLP, Dechert LLP
Work Product Testimony and technical support during trial; deposition; rebuttal report; assessment of prior art bearing on trade secret claims.
Notes Testifying expert working with the defendant on the trade secret side of an action alleging patent infringement and trade secret misappropriation following an unsuccessful negotiation for Intersil to acquire TAOS. My testimony was about 2-1/2 hours direct and one hour cross.
Status On appeal in the Federal Circuit
Dates 11/2009 - 3/2015
Case Name NTech Industries, Inc. v. Holland Scientific, Inc.
Jurisdiction Case No. CIV 08-475-PHX-SRB, Arizona District Court, Phoenix Division
Counsel Retained by McKee, Voorhees & Sease LLP
Work Product Expert reports on invalidity and noninfringement, reply to infringement contentions
Notes Testifying expert working with the defendant in an action for alleged patent infringement involving real-time spectroscopic sensors for adjusting the dose of agrichemicals as a function of local plant health within a field. The case was settled shortly before my scheduled deposition.
Status Settled
Dates 3/2009 - 6/2009