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Expert Witness |
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I was retained as an
expert witness for the first time in 1994. It involved programming logic for a PLC. Since then I've been
retained in more than 40 cases as an expert. The cases
generally fall into two categories: accidents and intellectual
property. The accidents often become products liability cases.
These cases can be interesting as it usually takes serious
investigation and thought to understand the chain of events that
lead to an accident. I feel these cases make me a better design
engineer because they are almost always examples of what not to do.
I also try to convey this information to other engineers with the
intent of making all computer controlled machines safer.
The intellectual
property cases have fallen into three main categories, theft of
intellectual property, contracts and patents. In cases where theft
of intellectual property is alleged, my work typically involves
looking for objective evidence that code bases, or drawing sets,
share common ancestry. Most of the attorneys I work with, and all
the ones that try big contract and patent cases, are smart people
who are trained, prepared, and can think on their feet. I enjoy
working with them, even when they may be on the other side of the
case from the people that retained me. I've testified in
arbitrations, State and Federal courts, and in 2018 I testified at
the International Trade Commission (ITC) providing opinions around patent infringement
and validity in an investigation of robot vacuum cleaners. The ITC is an inspiring venue. |
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Case Descriptions |
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| Automated Guided Vehicle – Also known as Automatic Guided Vehicles or AGVs, these robotic vehicles are typically used to move materials and products in factories and warehouses. This
industrial accident occurred when a robotic forklift moving heavy rolls of paper in a paper press misplaced the paper roll on its receiving stand. The roll fell from the stand and struck the machine operator.
In this case I assisted the attorneys with discovery, provided insight into the technical aspects of the system, analyzed the machine’s control computer, conducted a plant inspection, analyzed the relevant AGV safety standard, wrote two expert reports and testified at deposition. |
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| Automobile Manufacturing Assembly Line
– This industrial accident
occurred when an automobile assembly moved unexpectedly and one of
the vehicles struck a worker. As an expert witness in this case, I
analyzed the ladder logic line control software, identified the
defective rung of ladder logic and was able to show when this defect
was introduced into the software. In this case I testified at
deposition. |
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| Bindery Line
Controller – This case involved a company that had developed a redundant, fault-tolerant safety controller for a bindery line that they claimed was safer than OSHA’s Lockout/Tagout Regulation (Control of Hazardous Energy Standard). In this case the United States Secretary of Labor retained me to analyze the controller’s design and evaluate the company’s claim relative to the OSHA
Lockout/Tagout standard. |
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| Brick Stacking Robot
– This workplace accident occurred when an industrial robot moved unexpectedly and struck the operator who was clearing a row of improperly stacked bricks. I analyzed the safety systems, modifications to the system subsequent to delivery, the design of the system’s controller, compliance with robot safety standards and generally consulted with the attorneys to help them understand the technical aspects of the robotic system. My work included an expert report on the matter. |
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| Computer Controlled Overhead Hoist
– This industrial accident occurred when a computer-controlled overhead crane moved unexpectedly while an operator was inside an automated manufacturing cell that was grinding and finishing automobile crank shafts. The automated cell was surrounded by a safety barrier fence, but the safety interlock had been defeated to allow the operator in the cell without triggering a shut-down.
As an expert witness in this case, I met with the attorneys, examined photos of the accident scene, provided an assessment of the cell design relative to pertinent safety standards and assessed the design of the
machine safety interlocks. |
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| Computer Controlled Press Brake
– This industrial accident involved a 400-ton press brake controlled by a Programmable Logic Controller, or PLC. I analyzed the machine, the ladder-logic software, the programmable logic controller, the machine safe guarding and conducted a plant inspection to assist the attorney in understanding whether the software or the hardware were defective. |
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| Computer Controlled Vending Machine
– This patent dispute involved a computer-controlled vending machine. The vending machine employed a robotic mechanism to dispense
product. I was retained by the Defendant and assisted with analysis and issues of validity and
infringement regarding the machine kinematics. I wrote an expert report in this matter that addressed three patents. |
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| Computer Disk Drive
– This patent dispute involved a
machine control algorithm for a computer hard drive. I was retained by the Defendants and assisted them with understanding the technology,
algorithms and electro-mechanical engineering concepts involved in the suit. |
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| Computer Integrated Manufacturing Software
– This patent case involved factory automation and computer integrated manufacturing software products. I was retained by Plaintiff and assisted with evaluating issues of validity, infringement and prior-art products cited by Defendants.
I also conducted a software source code review and analysis of Defendant’s software and wrote a declaration in support of Defendant's Markman
brief. |
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| Consumer Automation Device
– This patent dispute involved
a single-axis motion control mechanism with force-limiting
functionality. I was retained by Plaintiffs and supported their
efforts with analysis of and experimentation with an infringing
mechanism's control circuitry. To conduct my analysis I installed
automatic test equipment (ATE) instrumentation to monitor the forces within the mechanism as it
operated. |
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| Coordinate Measuring
Machine – This patent dispute involved a Coordinate Measuring Machine, or CMM. Specifically the patents at suit disclosed touch trigger probes for CMMs where the two-piece probes included a kinematic coupling for precise location. In this case I analyzed the products at suit, the prior art and assisted the attorneys with their invalidity contentions and technical differentiators between their product and the disclosures in the patents. During the course of the case I wrote an expert declaration, testified at deposition and testified in
court at a preliminary injunction hearing. |
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| Drilling Rig Software
– In this case I reviewed the software source code for controlling a drilling rig to determine if the source code had been derived from an existing version of the machine control software or whether it had been written from scratch. In addition to reviewing the source code in its native format (Siemens S7 for the PLC code and WinCC Flex for the user interface code). I also used database tools to analyze text strings in the machine
software. Furthermore I analyzed the source code with regards to the
interface to instrumentation on the drilling rig. |
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| Drilling Rig Top Drive
– This patent dispute involved
a drilling rig top drive. I was retained by Plaintiff and provided
support while they were developing their Markman brief and tutorial.
I assisted with issues of validity and infringement and wrote two
reports in this matter regarding machine control software. I also testified at deposition as an expert
witness. |
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| Factory Automation
Software
– This patent case involved factory automation and computer integrated manufacturing software products. I was retained by
Plaintiff and assisted with evaluating issues of validity, infringement and prior-art products cited by Defendants.
I met with Plaintiff's damages experts to help them understand the
technology and background of the industry. I also conducted a
software source code review and analysis of Defendant’s software source code. |
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| Integrated Motor and Motion Controller
– This patent dispute involved an electric motor coupled with an integrated motion controller. I reviewed the pleadings in the case, the patents at suit, the prior art, the products at suit, assisted the attorneys composing the infringement contentions and assisted the attorneys with their response to the invalidity contentions. |
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| Material Handling with Automated Forklifts
– This accident occurred when
an automated guided forklift malfunctioned and collided with a
person in the warehouse. I assisted counsel in understanding the
technology behind the malfunction and created a computer program
that showed the kinematics of how the accident occurred. |
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| Medical Robotic Suturing
Device – This patent dispute in the general field of medical robotics specifically involved a robotic surgical suturing instrument. I reviewed the pleadings in the case, the patents at suit, the prior art, the products at suit, assisted the attorneys composing the infringement contentions and assisted the attorneys with their response to the invalidity contentions. |
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| Medical Robotic Surgical
Device – This patent dispute in the general field of medical robotics specifically involved a teleoperated surgical robot. I assisted the attorneys with understanding prior art in the field of teleoperation and alerted them to prior art teleoperated robots
with similar machine kinematics developed for use in radioactive environments. |
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| Medical Robotic Surgical
Training Device – This patent dispute in the general field of medical robotics specifically involved a
laparoscopic surgical training device and its kinematics. I assisted the attorneys with understanding prior art in the field of teleoperation and alerted them to prior art teleoperated robots developed for use in radioactive
environments |
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| Paint Spraying Robot
– This patent dispute involved an industrial paint spraying robot. In this case I examined the products, examined the patents, conducted a plant inspection and assisted the attorneys with aspects of prior art and general robot design. |
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| Plastic Film Winding Machine
– This accident occurred when a
machine operator was pinned while trying to clear a jam in the
machine. In this case I analyzed the ladder logic control code
running on the Programmable Logic Controller (PLC) executing the
machine software. I wrote an expert report in this matter and testified at
deposition. |
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| Plastic Film Wrapping Machine
– This accident occurred when a
machine operator was struck by a robotic arm while the operator was
adding ink to a printer installed on the machine. I assisted the
attorney in understanding the relevant standards governing the
design of robotic systems and also in understanding machine fault
tolerance and machine safety concepts. |
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| Plastic Thermoforming Machine
– This accident occurred when a computer controlled plastic vacuum forming machine moved unexpectedly and struck an operating that was clearing the machine of a jam. In this case I analyzed the machine guarding, analyzed the machine warnings, analyzed the machine controller and generally assisted the attorney with discovery. |
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| Power Operated, Automatic
Pedestrian Door
– This accident occurred when
an automatic pedestrian door closed on a person and knocked her to
the ground. Though it is not immediately obvious, an automatic door
is an example of a robotic system. It has sensors that control its
operation, a motor that supplies power and a mechanism that
transfers power from the motor to the doors. Its analysis is an
electro-mechanical engineering exercise. In this case I
inspected the faulty door, wrote two reports, testified at
deposition and testified in front of a jury at trial. |
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| Programmable Logic
Controller (PLC) – In this patent dispute I assisted the attorneys in evaluating questions of validity and
infringement for a machine controller. In this regard I wrote two expert reports and testified at deposition. |
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| Theater and Stage
Automation – Though many people are not aware of it, modern
theater often has a huge automation content that could involve
hundreds of axes of motion. These are controlled by logic
controllers very much like the logic controllers used in
manufacturing. This accident occurred when an automation operator inadvertently
left a trap door open during a pre-show check. An actor was injured
when he fell through the open trap door. In this case I assisted the
attorneys in understanding the technology, studied the log files
from the time of the accident to identify the missed step in the
pre-show check and wrote two expert reports. The second was in
support of a successful motion for summary judgment. |
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| Tire Making Machine
– This industrial accident occurred when tire making machine sequenced by a programmable logic controller moved unexpectedly and struck a maintenance technician who was clearing the machine of a jam.
In this case I provided engineering expert witness services that included analysis of the machine's control software, identification of the defective ladder logic code, a comparison of the machine involved in the accident with a previous-generation machine that was controlled by a drum sequencer rather than a computer and expert witness testimony at deposition. |
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| Wood Manufacturing Process Control
– This accident occurred when a
thermal process controlled by a Programmable Logic Controller (PLC)
got out of control and caused an explosion. I assisted the attorneys
in understanding the root cause of the accident and how the PLC and
its control software were involved. |
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Software, Robotics
and Computer Controlled Machines |
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