Expert Witness and Consultant (1999 - present)

In 1999 I took my first case as an expert witness. Since that time I have worked on dozens of cases, including patent and trade secret litigation, as well as contractual disputes, and spanning a wide range of technologies such as video games, medical equipment, automotive technologies and cellular telephones. Since 2009 I have been working full-time in this capacity. I have been involved in analysis and report writing with respect to both validity and infringement, have been deposed in eleven matters, and have testified at trial in three cases. In one particularly large case (over 1200 accused instrumentalities) I worked closely with six other experts. My role in this case evolved such that I was serving as a liaison between the attorneys and the other experts, helping each group to understand the constraints and requirements of the other. I have developed a particular expertise with respect to source code analysis of software and hardware, and have extensive experience analyzing Qualcomm modem code.

Testimony Experience

Testified at trial in:

Wi-LAN, Inc. v. Apple, Inc., et al., Case No. 6:11-CV-453 (E.D. Tex.) (2013 plaintiff)

Core Wireless Licensing S.A.R.L v. Apple, Inc., Case No. 6:12-CV-100 (E.D. Tex.) (2014 plaintiff)

ContentGuard Holdings v. Amazon.com, Case No. 2:13-cv-01112 (E.D. Tex.) (2015 plaintiff) 

Deposed in: 

Wi-LAN, Inc. v. Research in Motion Corp. et. al., Case No. 2:08-CV-247 (E.D. Tex.) (2011 plaintiff)

Wi-LAN, Inc. v. Apple, Inc., et al., Case No. 6:11-CV-453 (E.D. Tex.) (2013 plaintiff)

Core Wireless Licensing S.A.R.L v. Apple, Inc., Case No. 6:12-CV-100 (E.D. Tex.) (2014 plaintiff)

Wi-LAN, Inc. v. Apple Inc., Case No. 3:13-cv-00798 (S.D. CA) (2014 plaintiff)

Signal IP, Inc. v. American Honda Motor Co., et al, Case No. 2:14-cv-02454 (C.D. CA) (2014 plantiff) (including related cases)

ContentGuard Holdings v. Amazon.com, 2:13-cv-01112 (E.D. Tex.) (2015 plaintiff)

E2E Processing Inc. v Cabela’s Inc. 2:14-cv-00036 (E.D.Tex.) (2015 plaintiff)

Wi-LAN v. Kyocera, 2:13-cv-00202 (E.D. Tex) (2015 plaintiff)

Data Engine Technologies LLC v. International Business Machines Corp. 6:13-cv-00859 (2015 plaintiff)

Signal IP, Inc. v. Fiat U.S.A., Inc., et al, 2:14-cv-13864 (2016 plaintifff) 

Apple Inc. v. Wi-LAN Inc., et al, 3:14-cv-02235 (2018 plaintiff).

Technologies

My expertise in source code analysis is largely independent of the technologies involved. The skills and experience necessary to analyse code are essentially the same, whether the code is part of a video game, a piece of  medical equipment, or a cellular phone. This fact, combined with my ability to understand complex systems quickly, has enabled me to work on cases involving source code from a broad range of technological areas. The following is a partial list of the areas in which I have worked:

  • Video Games
  • 3D Graphics
  • Virtual Instrumentation
  • Visual Programming
  • Medical Imaging Systems
  • User Interfaces
  • Spreadsheets
  • Image Processing
  • Cellular Telephones
  • ADSL Modems
  • WiMAX Networking
  • WiFi Networking
  • Panorama Stitching
  • Information Processing Automation
  • Mobile Operating Systems
  • Virtual Environments
  • Software as a Service Delivery
  • Open Source Licensing
  • Supplemental Restrain Systems
  • Blind Spot Monitoring
  • Hybrid Engine Control
  • Graphics Processing Units
  • Digital Cameras
  • Digital Rights Management
  • Medical Information Processing
  • Online Shopping
  • Flash Memory

Law Firms

I have worked as an expert with the following law firms:

  • McKool Smith; Fish & Richardson; Howrey; Borden, Ladner, Gervais; Banner & Witcoff; Burchells; Carlson Caspers; Schwegman, Lundberg, Woessner; Oblon Spivak; Vinson & Elkins; Bunsow De Mory; Liner; Blakely, Sokoloff, Taylor & Zafman; Orrick, Herrington & Sutcliffe; Mishcon de Reya; Ahmad Zavitsanos Anaipakos Alavi & Mensing; Gray Reed; Cunningham Swaim; Heim, Payne & Chorush.


Summer Associate, Fish & Richardson P.C., Boston, MA (May – August 2008)

I spent 12 weeks as a summer associate working with the Litigation Practice Group. I worked on a wide range of tasks for a variety of clients, most related to patent litigation. I did everything from document review, to researching Federal Rules of Civil Procedure, to drafting requests for production, to writing briefs on complex issues such as obviousness under KSR. 


Publications and Presentations

Trevor J. Smedley and Ross A. Dannenberg. Building a Better Mousetrap: If It’s Virtual, Can Its Patent Be Infringed? Landslide. March/April 2011.

Trevor J. Smedley and Ross A. Dannenberg. Enforceability of Machine Patents in Virtual Worlds. Journal of Internet Law, January 2010.

Trevor J. Smedley. Demystifying Technology for the Technology Lawyer: Hardware and Software. Web conference prepared and delivered for IT.Can, June 2007.

© Trevor Smedley, LLC   2016