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PIB Expert Witness Services
(past engagements with report, deposition or trial testimony)
Kelsea Baggett v. Hewlett-Packard Company, Case No. CV-07-0667 U.S. District Court for the Central District of California.
Class action concerning color LaserJet printers that allegedly stop printing (hardstop) with some toner remaining in the cartridge. September 2009 HP’s motion for summary judgment was granted and class certification denied as moot.
Portia Bass was retained (2008-2009) by Morgan, Lewis & Bockius LLP, which represented Hewlett-Packard. Dr. Bass prepared a report (38 pages, 18 figures) for consideration in class certification. Her analyses described and quantified the variety of products, product features, customers, prices, distribution channels and usage patterns found in segments of the HP color LaserJet printer cartridge market.
Matsushita Electric Industrial Co., Ltd. v. Mediatek , U.S. District Court for the Northern District of California C05 03148 JL.
Patent Infringement concerning U.S. optical disk drive LSI semiconductor chips. Settled.
Portia Bass was retained (2006-2007) by Dewey Ballantine LLP (now Dewey & LeBoeuf LLP) representing Matsushita. Dr. Bass provided a report and deposition quantifying and describing the U.S. optical disk drive LSI semiconductor market including: unit sales of several types of optical-storage chips that have been sold each year as part of end-customer products such as PCs, videogames and audio/video products (e.g., DVD players, DVD recorders); unit sales of MediaTek optical-storage chips as part of end-customer products in the U.S.; unit sales of optical-storage chips from other leading suppliers as part of end-customer products in the U.S and issues relating to research and development and the patterns of competition in the various optical storage markets. Dr. Bass’s quantification of the optical-storage semiconductor market was used in the damage analysis by the economist expert.
Skold v. Intel Corp., Superior Court of California, County of Santa Clara.
Nationwide class action alleging that Intel misrepresented and concealed information about the performance of early Pentium® 4 processors and artificially boosted benchmark scores for those processors. The trial court denied three motions for class certification, finding that individual issues would predominate.
Portia Bass was retained (2006-2008) by Skadden Arps Slate Meagher & Flom LLP, which represented Intel.
Terence Dunn v. Berger Kahn LLP.
Legal malpractice case concerning Terence Dunn v. Gaiam Holdings, Inc., et al.
Portia Bass was retained (2005-2006) by Nemecek-Cole, which represented Berger Kahn, to analyze the opposing damages testimony, which were prepared using the Bass model to forecast quarterly sales of two instructional video titles sold on both VHS and DVD. Dr. Bass prepared a report and gave arbitration testimony.
PostX Corporation vs. Secure Data in Motion, Inc. d/b/a Sigaba, Case No. C02-04483 SI.
Patent infringement of two secure document delivery patents.
Portia Bass was retained (2005-2006) by Pillsbury Winthrop Shaw Pittman LLP, which represented PostX Corporation, to analyze opposing economic damages analysis employing the Bass model of new product sales. Dr. Bass provided a report, supplemental report and trial testimony.
Barbara's Sales Inc. et al. v. Intel Corp. et al., Circuit Court of Madison County (Illinois), Illinois Supreme Court.
Class action concerning Intel’s alleged misrepresentation of performance capabilities of early Pentium® 4 processors.
Portia Bass was retained (2003-2005) by Brown & Bain (now Perkins Coie), which represented Intel.
Mobility Electronics, Inc. v. Comarco, Inc. (Comarco Wireless Technologies, Inc.) and Targus Group International, Inc., U.S. District Court for the District of Arizona Case No. CIV-01-1489 PHX MHM.
Patent infringement case concerning universal power adapters for notebook computers. Case settled after Comarco’s motion for preliminary injunction was denied.
Portia Bass was retained (2003) by Brown & Bain, which represented Mobility Electronics, Inc. Dr. bass prepared a 27-page report and gave deposition as well as trial testimony concerning the market for universal power adapters for portable (also called notebook and laptop) computers. Her analyses included secondary factors relevant to obviousness of the patented invention, the relationship between product success and the patented invention and the likely effect on Mobility of any injunction.
Shvarts, Cohen v. Sony Electronics Inc.
Class action concerning notebook computer battery life.
Portia Bass was retained (2002-2004) by Heller Ehrman LLP, which represented Sony. Dr. Bass prepared a report on issues related to class certification including: the characteristics of notebook computer purchasers, notebook computer usage patterns, the varying importance of battery life to notebook users, causes of variation in battery life experience and battery life tests of plaintiffs’ notebook computers and batteries.
Hal LaPray, Tracy D. Wilson, Jr., and Alisha Seale Owens, Plaintiffs, on behalf of themselves and all others similarly situated v.. Compaq Computer Corporation.
Class action concerning claimed defective floppy disk controller.
Portia Bass was retained (2000-2002) by Beck Redden & Secrest LLP, representing Compaq. Dr. Bass provided multiple reports and deposition testimony concerning issues related to class certification including: floppy disk usage patterns since 1975, consumer expectations about reliability of floppy drives and media; inspection of plaintiffs’ computers and testing of replica systems of plaintiffs’ computers to determine likely causes of plaintiffs’ complaints.
Linear Technology Corporation v. Impala Linear Corporation, Toyoda Automatic Look Works, Ltd., Analog Devices, Inc., and Maxim Integrated Products, Inc.; Linear Technology, Inc. v. Maxim Integrated Products, Inc. Maxim Integrated Products, Inc.,U.S. District Court for the Northern District of California Civil Action No. C-98-1727-VRW.
Patent infringement concerning voltage regulator sleep mode and current reversal protection.
Portia Bass was retained (2000-2005) by Brown & Bain, representing Maxim and Heller Ehrman, representing TI Unitrode. Dr. Bass prepared a 104-page report and deposition covering: market importance of voltage regulator patent in portable electronics (e.g., notebook computers, PDAs, wireless telephone). Notebook computer battery life technical simulation for notebook computers using regulators with and without the patented feature from late 1980s through 2001; notebook battery life testing of notebooks with and without the patented feature, market analysis to determine notebook computer usage profiles, technology and product architecture trends from late 1980s through 2001; data analysis of sales of voltage regulators with and without the patented feature to indicate whether the patented features were the reasons for any success of the patented voltage regulators.
Telxon v. Robert P. Meyerson, Dan R. Wipff, Robert A. Goodman, Dr. Raj Reddy, and Norton W. Rose
Civil action.
Portia Bass was retained (2000) by Rosenthal, Monhait, Gross & Goddess, which represented Telxon Corporation, to provide a deposition concerning the pen-computer market in early 1990s and the competiveness of a specific computer design and prototype.
Galaxy Networks, Inc. v. Kenan Systems Corporation, U.S. District Court, Central District of California; Civil Action No. CV-95-5568 DDP.
Portia Bass was retained (1997) by Irell & Manella, which represented Kenan Systems. Dr. Bass provided a report, deposition and trial testimony about business practices in relationships between computer software companies and distributors.
Applied Materials v. NovellusNNorthern District of California.
Patent infringement.
Dr. Bass provided report and deposition about the worldwide semiconductor sales and distribution patterns.
Compaq Computer Corp. v. Packard Bell Electronics, Inc., Southern District of Texas No. H-94-4034.
Patent infringement concerning six personal computer patents: 574279 (PC video display system), 4980836 (reducing power consumption of battery powered PC), 5101497 (programmable interrupt controller), 5125088 (computer system speed control at continuous processor speed), 5226122/5381530 (programmable logic system for filtering commands to a microprocessor). Settled.
Retained (1996) Wilson Sonsini, which represented Packard Bell. Dr. Bass provided report concerning market importance of six personal computer patents.
Intel Corp. v. Cyrix Corp. v. Texas Instruments, Inc., U.S. District Court, Eastern District of Texas
Patent infringement and antitrust counterclaim concerning 386 and 486 microprocessors.
Dr. Bass provided report, deposition and trial testimony quantifying and describing the market for x86-compatible microprocessors without paging
TI v. Dell.
Patent infringement.
Report and deposition about the reasons for Dell's success.
Intel Corp. v. Advanced Micro Devices, Inc., District Court of the Northern District of California
Copyright infringement of Intel math co-processor microcode.
Provided report and deposition about math coprocessor compatibility.
Fairchild Camera & Instrument Corp. v. Data General Corporation., U.S. District Court for the Northern District of California
Antitrust
Provided report and depositions about damages due to Data General’s tying of its operating system software RDOS to Nova computer sales.
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