`238 E Davis Blvd #301 Tampa, FL 33606 (813) 601-8142 izatkovich@ecompconsultants.com
`
`Ivan Zatkovich has 28 years experience in computer science, computer networks,
`and software engineering. Mr. Zatkovich is the principal consultant with eComp
`Consultants, a technology consulting firm specializing in intellectual property
`consulting for the telecommunications, Financial, and eCommerce. Mr. Zatkovich
`has 9 years experience providing expert testimony for patent litigation and
`software & application disputes in ecommerce, web publishing, and internet
`copyright cases providing expert reports, depositions, and trial testimony.
`
`Mr. Zatkovich has designed and developed eCommerce, Investment, and
`Financial Transaction systems for Banking, Brokerage, Insurance, and Retail
`industries. He has also designed Web Publishing & Personalized systems for
`publishers and clients such as McGraw Hill & AAA Travel. He has testified on
`cases involving B2B & B2C eCommerce systems, point of sale card transactions,
`and financial transaction and interest bearing products.
`
`
`Director / Project
`Manager
`Internet,
`ecommerce
`
`Financial &
`Insurance
`
`Expert Witness
`
`Education:
`
`8 years
`
`7 years
`
`13 years Managed 6 to 35 member teams. Software development, systems
`Integration, critical path management, PMP/CMM methodologies.
`Commercial and high volume content websites, web marketing and
`personalization, search engine optimization, Storefront, fulfillment
`systems, B2B/B2C portals, ERP/supply chain. (Warner Brothers,
`Caldwell Banker, AAA Travel, Pro Marine)
`Implemented early version of eTrade retail trading website. Developed
`financial network products and electronic transactions for Citicorp and
`Smith Barney. Implemented policyholder services, claims processing,
`and subrogation handling for GEICO and Hartford Insurance.
`Expert testimony and damage assessment for ecommerce litigation,
`internet & software copyright, telecommunications. Over 24 cases
`providing expert reports, depositions, & trial testimony.
`
`9 years
`
`B. S. Computer Science
`Minor in E.E. digital circuit design
`Master’s study and thesis in Computer
`Networks, Results published in Byte Magazine
`
`1980
`
`University of Pittsburgh
`
`Sample Case Experience:
`
`Ronald A. Katz v. Fifth Third Bank
`Jurisdiction:
`U.S. District Court, Northern California
`Client:
`Defendants
`Nature of Case:
`Patent Litigation for Call Center, and Telecom technology
`Engagement:
`Expertise in Call center systems for Banking, Mortgage, credit cards. Analyze
`client call center applications, prepare non-infringement and rebuttal reports.
`Open
`Vorys LLP, Wood Herron and Evans.
`
`Status:
`Represented by:
`
`
`
`
`
`
`
`Curriculum Vitae: Ivan Zatkovich
`
`
`
`Senior Consultant – eComp Consultants
`
`IBM v. Amazon.com
`U.S. District Court, Eastern Texas
`Jurisdiction:
`Amazon.com as defendant in complaint and plaintiff in counterclaim
`Client:
`Intellectual Property Litigation
`Nature of Case:
`Nature of Engagement: Provide expertise in web marketing, online advertising, and ecommerce
`technology for prior art, patent validity and non-infringement investigations
`Fish & Richardson
`Represented by:
`Settled 2007
`Status:
`Bid For Position v. AOL, Google, Microsoft, MIVA Inc
`Jurisdiction:
`U.S. District Court, Eastern District of Virginia, Norfolk
`Client:
`MIVA, Inc.
`Nature of Case:
`Ecommerce Patent Litigation
`Nature of Engagement:
`Invalidity report for web keyword auction technology, internet search
`engine technology.
`Dorsey & Whitney
`Settled 2008
`
`Represented by:
`Status:
`Dallal v. New York Times
`U.S. District Court, Southern New York
`Jurisdiction:
`Thomas Dallal as plaintiff
`Client:
`Web Copyright
`Nature of Case:
`Nature of Engagement: Provide expertise in media publishing practices, content licensing, web
`content customization
`Rubin, Bailin, Ortoli, Mayer & Baker
`Trial completed 2008, verdict in favor of plaintiff
`
`Represented by:
`Status:
`TGIP v. AT&T, IDT, et.al.
`U.S. District Court, Eastern Texas
`Jurisdiction:
`IDT Corporation
`Client:
`Patent Litigation
`Nature of Case:
`Nature of Engagement: Expertise in eCommerce transactions, Cell phone provisioning, Point-of-
`sale calling card transactions. Provide report on patent non-Infringement
`and Invalidity.
`Finnegan, Henderson, Farabow, Garrett & Dunner, L.L.P.
`Settled 2007
`
`Represented by:
`Status:
`
`Nuance Communications v. TellMe Networks (Microsoft)
`Jurisdiction:
`U.S. District Court, Delaware
`Client:
`TellMe Networks, A MicroSoft Subsidiary
`Nature of Case:
`Patent Litigation
`Nature of Engagement: Provide expertise in speech recognition and call center technology, prior
`art investigation, opinions on patent validity and non-infringement.
`Patterson Belknap Webb & Tyler, LLP
`Expert Reports and deposition completed 2009
`
`Represented by:
`Status:
`
`Page 2
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`
`Curriculum Vitae: Ivan Zatkovich
`
`
`
`Senior Consultant – eComp Consultants
`
`Professional Experience:
`
`2000 to
`Present
`
`
`2007 to 2008
`
`
`
`2002 to 2007
`
`
`
`
`
`
`
`Principal Consultant
`Tampa, FL
`eComp Consultants
`Provide consulting on design and development of software product development, and
`ecommerce
`technology. Provide
`technology consulting and expert support
`for
`telecommunications, internet, and ecommerce applications in the areas of:
` Patent portfolio evaluation, market valuation, identification of potential prior art,
`and licensing opportunities.
`to review,
`Independent consulting
`for Alcatel-Lucent (AT&T Bell Labs)
`recommend, and rate Alcatel’s extensive Patent portfolio specifically in the area
`of telecommunications and web-based ecommerce.
` Patent litigation consulting for telecommunications and internet technology
`patents.
` Software contract and due diligence consulting for disputes involving custom
`software projects.
`Internet publishing and copyright consulting for web content management and
`licensing.
` Commercial websites, search engine, and web marketing strategies.
` Sample clients include: Alcatel-Lucent, LogicLink, NWI Corp, Jones Day,
`Finnegan Henderson, Fish & Richardson, Cozen O’Connors, Morrison Foerster
`
`
`
`Global Web Manager
`Clearwater, FL
`Smith & Nephew Inc.
`Smith & Nephew is a global manufacturer of medical, wound, orthopedic, and surgical
`supplies. Smith & Nephew has facilities in 33 countries and maintains 35 websites for
`different product areas and country marketing.
` Designed the Smith & Nephew corporate web architecture for all intranet,
`extranet, and internet sites.
` Directed a staff of web professionals in developing and managing 35 individual
`Smith & Nephew websites maintained in the US and 14 countries for both Smith
`& Nephew clients and internal users.
` Managed and maintain the 650 domains currently owned by Smith & Nephew
` Optimized search engine ranking and website meta tagging.
` Developed corporate technology and IT standards and policies including:
` Created web hosting agreements and IT service contracts (SLAs)
` Defined web development standards
` Researched page ranking, redirection, and domain optimization strategies.
`
`eBusiness Director
`Clearwater, FL
`Eva-Tone Inc
`Eva-Tone is a $45M commercial multimedia company specializing in ecommerce and
`marketing solutions, media and content customization, order processing and fulfillment,
`print & web publishing, CD & DVD manufacturing.
` Set strategic direction of client service offerings in ecommerce and content
`management.
` Consulted with clients on: web marketing strategy using personalized sales
`collateral. Defined client profile information to be used to generate customized
`presentations and brochures.
` Projects proposed and delivered included:
` McGraw-Hill – Enterprise Content Management and automated Web
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`Page 3
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`
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`Curriculum Vitae: Ivan Zatkovich
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`
`
`Senior Consultant – eComp Consultants
`
`publishing system.
` Caldwell Banker – Real Estate property and transaction tracker. Website to
`search properties, identify recent sales, and identify other transactions.
` Wachovia – Commercial Banking and Loan Information website. Online
`application
`to
`identify commercial
`loan products and provide online
`qualification and rates.
` AAA Travel – CRM sales collateral system, instant customized brochures,
`print-on-demand.
`
`1999 to 2002
`
`
`
`eBusiness Engagement Manager
`Tanning Technology and IMRGlobal
`Tanning Technology is an international systems integrator specializing in network
`infrastructure and channel integration for financial markets and the insurance industry.
`Proposed and managed eBusiness and Internet infrastructure projects focused on client
`and user personalization, data mining, and web marketing practices.
`
`Client web engagements proposed and managed:
` eTrade – Developed stock and derivative trading website including arranging
`deposits to sweep investment accounts.
` GEICO – Developed a personalized policyholder web service that uses clients’
`account history and demographics to customize product literature for cross-sell &
`up-sell opportunities.
` Hartford Insurance – Integrated 3 tier online claims processing & subrogation
`with legacy systems
` Citicorp Bank – Designed mortgage and loan payment system; managed sale of
`loan contracts
` Smith Barney – Developed remote access network infrastructure & wireless PDA
`financial system
`
`Director of Network & Customer Support
`Tampa, FL
`Utility Partners, Inc.
`Utility Partners developed and customized utility company software for scheduling
`service appointments, assigning and routing mobile workforce (field technicians), and
`dispatching and coordinating resources during power outages.
` Managed client engagement leads for development of client customizations and
`standardization of product features.
` Setup client support department to manage UP’s growing client and product
`base. This department:
` Provided Network and IT management for over 800 customer users
` Created a 24x7 Helpdesk for Utility dispatch centers and IT departments
` Developed system and network monitors for real-time client system monitoring
`trouble calls & provided
`live client support
`for
`the
`following
` Received
`applications:
` MobileUP – Mobile Workforce Dispatcher
` TroubleUP – Power outage manager
` Smartnom – Web Gas Auction System for private gas auctions
` CAS – Customer Appointment and Call Center application
`Project Manager: Telecom Software
`Tampa, FL
`GTE Data Services (currently Verizon)
`GTE was an $8B Telecommunications company and formed the Commercial Services
`division to customize their telephone business software to sell to other telephone
`companies internationally.
` Managed large product implementations for Telecom billing, service order, and
`
`1996 to 1999
`
`
`
`
`1987 to1996
`
`
`
`
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`Page 4
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`Curriculum Vitae: Ivan Zatkovich
`
`
`
`Senior Consultant – eComp Consultants
`
`Switch management.
` Developed project proposals, and provided client pre-sales support.
` Created project plans, managed resources, and set expectations for customer
`delivery projects.
` Specific projects managed:
` Mercury Communication – setup Service Bureau to bill their new intelligent
`network services.
` PTT Netherlands – managed $5M inter-carrier billing project for PTT
`Netherlands
` Bell Canada – developed Pricing Plan & Table Management system
` Deutsche Telekom – designed and developed a German billing prototype
`system.
` Received GTE personal best award.
`
`1980 to 1987
`
`
`
`telephone
`
`Software Engineer / Technical Lead
`Maynard, MA
`Digital Equipment Corp.
`As Technical Lead, led the development of manufacturing automation and control
`software. Projects Included:
` Supply Chain, CAD/CAM – Designed system to retrieve parts information from
`circuit board CAD design. Developed a parts ordering system based on
`expected volumes.
` Pick & place automation – Automatically program IC insertion machines.
`Developed system
`to determine
`IC
`insertion order, generate machine
`instructions, and download program to machine.
`As Software Engineer for embedded controllers and video subsystems, designed and
`developed PDP-11 operating system and device drivers.
`for Synch, Asynch, and Parallel
` Enhanced high-speed DecNet drivers
`communications.
` Designed/developed disk firmware and drivers for floppy & Winchester disks.
` Developed and enhanced video controller firmware and layered graphics system
`for PRO-350.
` Developed Computer Telephony
`answering machines.
`
`Integration (CTI) product
`
`for
`
`Technical Tools & Environments:
`
` Unix, Windows, NT, Microsoft .NET, C#, C/C++, VB, Assembler
`Java, Java script, JSP, IBM Websphere, Microsoft Commerce engine, Blue Martini
`
` SQL, Oracle, Foxpro, DB2, Crystal Reports, Active-Reports, MQ Series, Tuxedo, Documentum,
`Interwoven
`
`Certifications & Publications:
`
`Industry Speaker: Internet Publishing standards (Momentum conference)
`
` Department of Justice: Proposal for internet forensics technology
`IBM Websphere – Certified ecommerce Solutions Expert
`
` Byte Magazine – Published Network Design articles
` Sync Magazine – Published Programming Techniques and Tutorials
`IEEE SigGraph – Presented ICGS Computer Graphic Standards for IEEE SigGraph conference.
`
` CMM & PMP – Project management methodologies
`ISO and ANSI – On International ISO and National ANSI Committees for Disk and Media format
`
`standards
`
`
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`Page 5
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`Ivan Zatkovich
`
`Type and Nature of work at GTE Data Services
`Employed from Aug. 1 1987 – Sept. 30 1996
`As Software Designer, Developer, and Project Manager.
`-
`Strategic Information Systems - Developed on-line order entry system
`- Computer Telephony Integration - Developed Client/Server communications software
`- Commercial Services - Managed implementation of CAD facilities mapping software
`- Commercial Services - Managed implementation of Billing, Provisioning, and Data Collections
`systems
`
`
`Companies consulted for in past 5 Years
`-
`eComp Consultants
`- Alcatel – Lucent
`- Verisign
`- United Illuminating
`-
`Smith & Nephew
`- Evatone, Inc
`- McGraw Hill
`- AAA Travel
`- Pro Marine
`- Wachovia
`- Capitol One
`- Network 1 Security Solutions
`
`
`Cases within the last 5 years. The underlined party identifies which party retained me.
`
`
`• Bid For Position v. AOL, MIVA, et.al. 2:07-cv-582 JBF/TEM (E.D. VA 2010) (settled 2008)
`Expert for Defendant MIVA on Patent Invalidity for Internet Search Engine technology. Provided
`expert invalidity report regarding the auctioning of keywords in paid searches.
`
` •
`
` Imhoff Associates v America’s Criminal Defense (S.D. CA) (settled 2009)
`Expert for Defendant ACD for accused Internet Search Engine mis-direction (fraud). Provided
`expert consulting and identified the unintentional actions of the defendant which caused the search
`mis-direction.
`
` •
`
` Zamora v. CBS Radio et.al. 09-20940-CIV-MORENO (S.D. FL 2010) (settled 2010)
`Expert for Plaintiff on Patent Infringement for Internet Radio Technology. Provided expert report
`and deposition regarding the use of streaming media and Web Radio players.
`
` •
`
` Nuance v. Tellme (a Microsoft subsidiary) C.A. No. 06-105-slr (S.D. Del 2009) (settled 2010)
`Expert for Defendant on Speech Recognition software. Provided expert report and deposition on
`non-infringement and invalidity for speech recognition used in automated phone directories.
`
` •
`
` TGIP, Inc. v. AT&T Corp, IDT., 512 F. Supp. 2d 727 (E.D. Tex. 2007) (settled 2007).
`Expert for Defendant on non-infringement. Patent and prior art dispute concerning call processing
`center and service provisioning in which I analyzed telephone network, call processing center, and
`call routing patents; developed detailed non-infringement chart; and rebutted plaintiff’s expert.
`
`
`
`
`
`• Swapalease, Inc. v. Sublease Exchange.com, Inc., 1:07 CV 00045-SSB (S.D. Ohio 2007) (Pending)
`Expert for Plaintiff on infringement. Patent and prior art dispute concerning commercial auto lease
`web site. Expert infringement report, testified at Markman Hearing.
`
` •
`
` Ronald A. Katz v. DHL Express, 2:2007 CV 02192 (N.D. Cal.)
`Patent infringement dispute concerning call processing center and call routing patents. Developed
`non-infringement reports and deposed.
`
` •
`
` Ronald A. Katz v. Cox Communications, 2:2007 CV 02299 (N.D. Cal.)
`Patent infringement dispute concerning call processing center and call routing patents. Developed
`non-infringement reports and deposed.
`
` Ronald A. Katz v. Earthlink, 2:2007 CV 02325 (N.D. Cal.). Patent infringement dispute concerning
`call processing center and call routing patents. Developed non-infringement reports and deposed.
`
` •
`
` •
`
` Ronald A. Katz v. Fifth Third Bank, 2:2007 CV 04960 (N.D. Cal.)
`Patent infringement dispute concerning call processing center and call routing patents. Developed
`non-infringement reports and deposed.
`
` •
`
` Ronald A. Katz v. Huntington National Bank, 2:2007 CV 04960 (N.D. Cal.)
`Patent infringement dispute concerning call processing center and call routing patents. Developed
`non-infringement reports and deposed.
`
` •
`
` Ronald A. Katz v. Echostar, 2:2007 CV 06222 (N.D. Cal.) (pending)
`Patent infringement dispute concerning call processing center and call routing patents. Developed
`non-infringement reports and deposed.
`
` •
`
` ABC v. ENC, CISCO, WebEx communications, et.al., H-06-1032 (S.D. TX.)
`Patent infringement dispute concerning computer remote control, remote command processing, and
`remote communication. Developed non-infringement and invalidity rebuttal reports and deposed.
`
` •
`
` Logiclink v. Keylink, CV07-1056-DOC(MLGx) (C.D. Cal.)
`Patent infringement dispute concerning eCommerce for Kiosks for Hotel Business centers.
`Developed infringement report and invalidity rebuttal report. Trial Testimony.
`
` •
`
` eBay v. IDT corp, IDT 4:08-cv-4015-HFB (W.D. Ark) (settled 2010)
`Patent infringement. Perform analysis of Voice Over IP providers and prior art candidates; provide
`non-infringement (suit) and infringement (counter suit) expert reports.
`
` •
`
` i2 Technologies, Inc. v. Oracle Corporation, 6:09-CV-194-LED (E.D. Tex)
`Patent infringement, Testifying expert for Supply Chain Management software, Manufacturing
`Automation, and Sales projection system software. Provide infringement and Invalidity rebuttal.
`
` •
`
` IslandIP Inc. v. Deutsche Bank Corporation, 1:09-cv-04673-VM (S.D. NY)
`Patent infringement, Testifying expert for Financial Transaction, Omnibus account consolidation and
`settlement for Banks and Broker Dealers. Provide infringement and Invalidity rebuttal reports.
`
` •
`
` 3M Future Africa (PTY) LTD v. The Standard Bank of South Africa LTD, MTN Group Limited and MTN
`Mobile Money SA (PTY) LTD, Case #: Patent 2002/2337 (South African High Court) (pending)
`Patent infringement, testifying expert for Online Payments Security. Provide infringement, validity
`and trial support.
`
`
`
`
`• Cohen v. US, 07-154-C (U.S. District Court of Federal Claims ) (pending)
`Copyright infringement testifying expert for Cohen. US Government FEMA distributed copy
`righted documents without Cohen's knowledge or approval. Provide expert report, damages and
`deposition.
`
` •
`
` SFA v. 1-800-Flowers, et.al, 6:2009-cv-00340-LED (E.D. Tex) (pending)
`Patent infringement, for Computerized Sales Force Automation System. Testifying expert for joint
`invalidity (9 defendants) and non-infringement (5 defendants).
`
` •
`
` Bloom vs. Intuative, 06 CV 6301 (S.D. NY)
`Software contract dispute, testifying expert concerning Document Management and Publishing for
`Pharmaceuticals and Regulatory agencies. Comparison of product features and software reuse.
`
` •
`
` Dallal v. New York Times, 1:2003-cv-10065 (S.D. NY) (settled 2008)
`Testifying Expert, Deposition, for Web Copyright. Provided expertise in standard media publishing
`practices, content licensing, and web content customization.
`
` •
`
` LATimes v. Software AG, 2:2007-cv-01289-SVW-JWJ (C.D. Cal.) (settled 2008)
`Testifying Expert in Network & Database Software licensing dispute. Prepared expert report and
`deposition on software licensing practices.
`
` •
`
` IBM v. Amazon.com, 9:2006-cv-00242 (E.D. Tex.) (settled 2007)
`Consulting Expert for Patent Litigation, Provided expertise in web marketing, online advertising, and
`ecommerce technology for prior art, patent validity and non-infringement investigations
`
` • Bear Creek Technologies v. Verizon et al (pending)
`Testifying Expert, provided infringement and invalidity of VoIP related patents.
`
` •
`
` Cequint v. Apple (pending)
`Testifying Expert.
`
` •
`
` Tel-tron Corporation v. Stanley Security Solutions d/b/a Stanley Healthcare Solutions (pending)
`Testifying Expert
`
` •
`
` •
`
` Microsoft v 5R Processors (pending)
`Testifying Expert.
`
` Walker Digital, LLC v. Fandango, Inc., et al. (pending)
`Testifying Expert.
`
`• Trialcard v. P.S.K.W. & Associates (pending)
`Testifying Expert.
`
` •
`
` Catalina Marketing Corporation v. Coupons, Inc. (pending)
`Testifying Expert.
`
` •
`
` AKH Co., Inc. v. The Reinalt-Thomas Corp. & Southern California Discount Tire Co., Inc (settled 2012)
`Testifying Expert.
`
` •
`
` Soverain v. Euromarket Design, et al. 6:12-cv-00145-LED (E.D. Tex.) (pending)
`Testifying Expert.
`
`
`
`
`
`
`
`• e-LYNXX Corporation v. InnerWorkings, Inc., et al. (pending)
`Testifying Expert.
`
`
`Publications within the last 10 years:
` Publishing High Volume content on the web. Paper and presentation for the Momentum internet
`publishing conference, 2003
` Cell phone forensics and common law enforcement mistakes. A presentation for the Florida BAR
`and certified CLE seminar, 2009
` Developing an Intellectual Property Strategy, Presentation for World Research Group conference,
`2009
` Interview for NPR on Trends in cellular communications and wireless subscriptions, 2009
` Interview for NPR on eCommerce and electronic transaction fraud, 2010