Ian Cullimore PhD
`
`The Barns
`Shirlheath Farm
`Kingsland
`Leominster
`Herefordshire
`HR6 9RJ
`UK
`
`
`UK Mobile: +44 7765 232258
`
`
`Silicon Valley:
`c/o 829 George Court
`Brentwood
`CA 94513
`USA
`
`US Cell: +1 (408) 769 3204
`
`email: ian@iancullimore.com
`
`http://www.iancullimore.com
`
`
`
`SYNOPSIS
`
`Computer Patent and other Expert Witness (26 Cases to date, 19 Expert Reports
`written, 10 Depositions, 1 Court Case at trial, 1 attendance to give evidence at an
`Evidentiary Hearing at the American Arbitration Association, San Francisco, 1 other
`Court attendance). Experienced hi-tech CEO/CTO-level technology expert, yet still very
`hands-on (architecting, coding). Much experience both in the UK and California (Silicon
`Valley & LA) in companies ranging from small startups to large corporations, and in
`building and managing software and hardware teams. Specialize in IoT, embedded,
`handhelds, smartphones, mobile, operating systems, device drivers, communications,
`ultra-low power systems, interfacing to the Cloud, Android, iOS, Symbian OS, Windows,
`WinCE, games consoles OS, mobile gaming, Linux, software/firmware/hardware
`design, electronics, FPGA, VHDL. Entrepreneur; start-up and young company
`specialist. Raised Angel and VC rounds. Taken startups to Exit. Much experience
`interfacing with Boards, Investors, and sales/marketing/bizdev groups.
`
`
`
`1
`
`Exhibit 1003
`Page 01 of 12
`
`

`

`Patent and Other Expert Witness Work
`
`2021 -
`
`2021 -
`
`2020
`
`Mynette Technologies, Inc. v US Government, Idemia Identity & Security
`USA LLC, Gemalto, & Unisys. (For the Defendants). Armstrong Teasdale
`LLP, St. Louis, MO.
`
`Express Mobile, Inc. v. Adobe Inc. and X.Commerce Inc. d/b/a Magento,
`(Case No. 3:20-cv-08297-RS, for the Defendants). Arnold & Porter Kaye
`Scholer LLP.
`
`Atari Interactive, Inc. v Target Corporation (Case No. 0:20-cv-00054-PJS-
`BRT, for the Defendant). Trade Dress infringement case (Target were
`using in-store displays which mimicked the Atari ‘Pong’ game). Ref Kelly
`Fermoyle, Peter Routhier, Faegre Drinker Biddle & Reath LLP,
`Minneapolis. Expert Report written. Settled Out Of Court Nov 2020.
`
`2019 - 2020 Facebook v Blackberry (For the Defendant). Ref John McKee, Quinn
`Emanuel Urquhart & Sullivan, NYC. Patent infringement case, (concerning
`software and user interface design issues on smartphones), Inter Partes
`Review (IPR). Expert Report written. Deposition given (by video, Zoom)
`April 2020.
`
`2019 - 2020 Bot M8 LLC v Sony Corporation (For the Plaintiff). Ref Aaron Frankel,
`Kramer Levin, NYC. Patent infringement case (Video games design
`aspects). Expert Report written. Deposition given (by video, Webex) May
`2020.
`
`2019 - 2020 Innovation Sciences v Resideo (was Honeywell) (For the Defendant)¸Ref
`Kate Cappaert, Steptoe & Johnson, Washington DC. Patent infringement
`case, at the International Trade Commission (ITC) (design and use of
`Internet communications systems, wired and wireless). Deposition given
`May 2020 (by video, Zoom).
`
`2018 - 2019 Abe v Apple (For the Defendant). Patent infringement case (smartphone
`user interface design issues). Ref Vincent Zhou, O’Melveny & Myers LLP,
`Los Angeles. Expert Report Declaration written in support of petition by
`Apple for an Inter Partes Review (IPR). Status: settled out of court.
`
`2018 - 2019 Parkridge Limited et al v Indyzen,Inc. et al. (For the Plaintiff). Ref Zach
`Clark,. Adam Wolek, Taft Stettinius & Hollister LLP, Chicago. Investigating
`claims of inadequate performance and quality in a set of subcontracted
`
`
`
`2
`
`Exhibit 1003
`Page 02 of 12
`
`

`

`software programs. Expert Report written. Deposition given March 2019,
`Redwood City, CA. Source Code Review undertaken. Attended Arbitration
`Hearing at the American Arbitration Association (AAA), San Francisco,
`May 2019 where I gave Evidence.
`
`2018 - 2019 Qualcomm Incorporated v Apple Inc., Civil Action No. 3:17-CV-02403-
`CAB-MDD in the Southern District of California (for the Defendant). Note:
`Two Separate Patent Cases. Fish & Richardson (Houston TX), ref Thad
`Kodish, Sara Fish. Expert Report written on Claim Construction, and
`Deposition given on this July 2018 (Atlanta GA). (Smartphone user
`interface design issues). Status: settled under the Qualcomm-Apple Grand
`Settlement.
`
`2017
`
`Semcon v MediaTek (for the Defendant). LTL Attorneys (Los Angeles).
`technologies
`for
`Expert Report on embedded Linux and Android
`smartphones and smart TVs. Source code reviews. Case currently stayed.
`
`the Defendant). Morrison Foerster (San
`2015 - 2017 Phoenix v VMware (for
`Francisco), ref Diana Kruze. Re software license agreement. Expert
`Report on technology issues written. Source Code Review undertaken.
`Deposition given. Attended Court case Oakland, CA, May - June .2017.
`Status: settled in full favor of the Defendant.
`
`2015 -
`
`the
`(for
`Papst Licensing GmbH v Hewlett Packard Corporation
`Defendant). Fenwick & West (Mountain View, CA), ref Charlene Morrow.
`Re infringement. Technical analysis undertaken. Case currently stayed,
`looks like it is restarting.
`
`2015 - 2017 Smart Skins LLC v Microsoft Corporation (for the Plaintiff). Proskauer
`Rose LLP (Boston, MA). Ref John M. Kitchura, Jr. Re infringement and
`invalidity. Claims Construction Expert Report written. Validity Expert
`Report written. Infringement Expert Report written. Undertook a teardown
`of Microsoft Surface keyboard designs and reverse-engineered the (serial
`and USB) communications protocols. Deposition given (April 2016).
`Expert Report written for IPR proceedings. Case settled.
`
`2013 - 14 Monec v Samsung (for the Defendant). Fish & Richardson (Washington
`DC). Expert Report written. Deposition given. Ref Linhong Zhang, Chris
`Winter, Joseph Colaianni. Re Smartphone design issues.
`
`
`
`3
`
`Exhibit 1003
`Page 03 of 12
`
`

`

`2013
`
`2012
`
`2012
`
`2011
`
`2011
`
`2011
`
`2008
`
`2008
`
`2004-5
`
`1986-87
`
`
`
`Cradle IP v Texas Instruments (for the Defendant) Covington & Burling
`(Redwood City, CA). Expert Report written. Ref Anupam Sharma, Hyun
`Byun. Re Power management issues.
`
`St. Clair Intellectual Property Consultants, Inc., v. Motorola Mobility Inc.
`(for the Defendant). (Representing Motorola Mobility; case stayed).
`
`Zynga v King.com (for the Defendant). Origin Ltd, London. Ref Peter
`Langley, Colm MacKernan. Online video game copyright infringement.
`
`Optimum Power Solutions LLC v Apple, Inc. (for the Defendant). Hogan
`Lovells (Washington DC) Ref Joseph Rafferto, Celine Crowson.
`
`St. Clair Intellectual Property Consultants Inc. v Acer America Corporation,
`Acer Inc, Dell Inc, Gateway Companies Inc, Gateway Inc, Intel Corp,
`Lenovo (United States) Inc, Microsoft Corporation, Toshiba America Inc,
`Toshiba America Information Systems Inc,, and Toshiba Corporation (for
`the Defendants). Fish & Richardson (Washington). Expert Report written.
`ref Scott Elengold. ‘The Function Call Monitoring Patents’. (Power
`management issues). Also counter claim led by Microsoft: Microsoft
`Corporation v St Clair Intellectual Property Consultants Inc. For the
`Plaintiff.
`
`St. Clair Intellectual Property Consultants v Apple Inc. (for the Defendant).
`Cooley LLP (Palo Alto) Ref Timothy Teler.
`
`Microsoft Corporation v Tom Tom; SPT v Tom Tom; Garmin v Tom Tom;
`Bosch v Tom Tom. (for the Defendant). Expert Report written. Origin Ltd,
`London. Ref Peter Langley, Colm MacKernan
`
`Symbol Technologies Inc. v Janam Technologies LLC (for the Defendant).
`Expert Report written. Deposition given. Kenyon & Kenyon, New York, ref
`John Kenny.
`
`Khyber Technologies Corporation v Hewlett Packard Company (for the
`Defendant). Expert Report written. Deposition given. Kenyon & Kenyon,
`New York ref Michael J Lennon
`
`The Crown v Dye et al. (for the Plaintiff). Expert Report written. Computer
`Forensics Expert Witness in Old Bailey (Central Criminal Courts, London)
`case, largest drugs bust case to that date. Defendant had saved deleted
`data on his computer, which I was able to retrieve.
`
`4
`
`Exhibit 1003
`Page 04 of 12
`
`

`

`1985
`
`For Wilkinson Kimbers (London). Copyright infringement case concerning
`video games ROM code. Extracted ROMs from motherboards, did
`forensic examination on code to show copying had taken place.
`
`- present
`
`One Court appearance (UK); One testimony given at the American
`Arbitration Association (San Francisco); One Court attendance (Oakland,
`USA).
`
`
`
`Patents Held in My Name
`
`Ultra-Small, Ultra-Low Power Single-Chip Firewall Security Device with Tightly-Coupled
`Software and Hardware (US 9,705,848 B2)
`
`TCP/IP Stack-Based Operating System (US 9,436,521 B2)
`
`Ultra-Low Power Single-Chip Firewall Security Device, System and Method (US
`8,875,276 B2)
`
`Massively Multicore Processor and Operating System to manage Strands in Hardware
`(US 8,607,086 B2)
`
`TCP/IP Stack-Based Operating System (US 8,335,864)
`
`Apparatus and method of communicating with RFID tags (US 7,455,217)
`
`Method of RFID Data Tracking (US 7,040,532)
`
`Computer Power Management System (US 5,560,024)
`
`Computer Power Management System (US 5,428,790)
`
`Compact Portable Computer, EP 0479915
`
`
`
`Employment/Consulting/Start-Ups
`
`
`
`6/2015 –
`
`Self-employed – Software/Hardware Designer and Developer, Hi-
`tech Startup Specialist, Patent (and other) Expert Witness,
`Consulting and Contract Engineering projects.
`
`I currently specialize in operating system design and development
`for advanced small devices, IoT (‘Internet of Things’) hardware and
`software product designs, and Expert Witness (patents, computer
`forensics etc.) consulting.
`
`
`
`5
`
`Exhibit 1003
`Page 05 of 12
`
`

`

`I trade through my personal UK corporation Crushproof Ltd. I am
`currently developing an IoT security device, have designed the
`hardware, and am developing embedded software (with my own
`Operating System design and firmware for the unit), as well as a
`back-end Internet server software system Platform (C/C++, LAMP),
`and iPhone and Android apps. US Provisional Patents filed.
`
`(software,
`for Peavey Electronics
`Also currently consulting
`hardware, firmware, electronics designs, board bring up, FPGA,
`VHDL, professional PA systems, music systems).
`
`10/2012 – 5/2015 Paqet Systems Corp (Sunnyvale, CA, and UK)
`
`Co-founder and CTO. Silicon Valley & UK startup specializing in
`Ultra Low Power software operating systems for Machine-to-
`Machine (‘M2M’), Sensor Hubs, Wearables and Internet Of Things
`(‘IoT’) devices on ARM microprocessors. Two provisional patents
`filed. Developing ultra-low power IoT node and bridge embedded
`operating systems software.
`
`
`
`11/2010 – 9/2012
`
`IOTA Computing, Inc. (Palo Alto, CA, and UK)
`
`Co-founder and CTO. Invented innovative combination Internet-
`Centric Software Operating System and MCU chip for the Internet
`of Things (‘IoT’). Multiple patents granted and pending. Extreme
`Ultra Low Power. Helped raise $2.5m funding. Managed and grew
`software and hardware development team.
`
`2008 – 2010
`
`Self-employed - Independent Consultant.
`
`Wide range of software and hardware development, consulting, and
`especially Patent Expert Witness litigation and forensics work.
`
`Did two projects for 3M Rochford Thompson (3M acquired the UK
`passport scanner manufacturer in 2007), developing software for
`their passport scanners (and e-passport readers) as used across
`the world in international airports and other border control points.
`Also developed communications software for mobile passport
`scanning.
`
`
`
`
`
`
`
`6
`
`Exhibit 1003
`Page 06 of 12
`
`

`

`2006 – 2008
`
`Martian Gaming Ltd (London)
`
`Co-founder and CTO of innovative Online Mobile Gaming platform
`technologies organisation. Established company. Raised Angel
`finance ($1m). Launched in Ukraine with major Telecoms provider
`(Life). Had exclusive contract with PartyGaming. Also with Zero36,
`888Mobile. Developed native and Java (J2ME) apps for mobiles
`phones, web/cloud server solutions (LAMP, J2EE) to interface to
`mobile phone network operators and online gaming platforms.
`Much business with gaming operator PartyGaming in Gibraltar,
`Eastern European gaming and telecoms companies (especially
`Ukraine and Russia), and Israel (gaming operators and software
`development companies).
`
`2004 – 2006
`
`CTO, Cibenix Ltd (Dublin, Ireland)
`
`Mobile phone On-Device Portal (ODP) software company. Led
`server (LAMP, Java - J2EE) and client (Symbian & Java - J2ME)
`development. Managed software team of 14 engineers.
`
`
`Press release about my appointment:
`http://www.tornado-insider.com/press/presses.asp?pressid=7031
`
`2003 – 2004
`
`Self-employed - Independent Consultant.
`
`Various software and hardware development projects, and Patent
`Expert Witness work.
`
`1997 – 2003
`
`Informal Software (UK & Santa Clara, CA, USA)
`
`Founder, CEO & CTO.
`Established innovative software company based on my ‘Informal
`Interface’ PhD research. Raised $8m Angel and VC finance.
`Licensing negotiations with Apple and Adobe. Grew company to
`40+ people on both sides of the Atlantic. Won DemoGod Award.
`Worked with POS manufacturer Alphameric plc (London Stock
`Exchange listed company). Developed POS system (‘Wireless
`Food Ordering System”)
`for 3M Food Services Division
`(Minneapolis) under $50K NRE contract. Also part-time Consultant.
`One of the Architects of the Symbian Operating System (1997).
`
`1996 - 1997
`
`Two Way TV (London)
`
`CTO (consultant).
`
`
`
`7
`
`Exhibit 1003
`Page 07 of 12
`
`

`

`Two Way TV was an innovative interactive TV company, doing
`user-interactive television and games in the latter days of analogue
`broadcasts, and the transitioning to digital (DVB standards).
`
`The company designed its own set-top box (and associated
`systems software), custom handheld remote control, bank-end
`server systems, billing, and interactive program content.
`
`
`
`
`
`
`
`1994 – 1996
`
`Xircom, Inc. (Thousand Oaks, California, USA)
`
`innovative
`award-winning
`Created
`Director.
`Software
`Ethernet/modem installer software products. Invented ‘plug & play’
`for Windows 95 before Microsoft. As a consultant, developed
`software for Palm devices to interface to cellular phones via the
`serial port, to enable sending & receiving of text (SMS) messages
`etc.
`
`1992 – 1994
`
`Digital Research Inc.(‘DRI’) (Hungerford, UK and Monterey,
`California USA)
`
`DR DOS, Netware Operating System and PalmDOS development
`work. Created DOS power management systems. DRI was
`acquired by Novell. Developed secure login software client.
`
`1988 – 1991
`
`Poqet Computer Corp.(Silicon Valley, California, USA)
`
`Co-Founder and Vice President, Software R&D
`Established the company. Wrote proprietary power-managing ROM
`BIOS, DOS power management drivers. Created the whole
`PCMCIA (‘PC Card’) industry standard. Created software and
`hardware power management techniques to make the Poqet PC
`palmtop computer to run for 100 hours on two ‘AA’ batteries.
`Advised Intel on low-power CPU design (386SL). Managed
`software team of 12 people.
`
`EXIT: Company acquired by Fujitsu.
`
`1986 – 1988
`
`D.I.P. Ltd (Guildford, Surrey)
`
`Founder & CTO. Invented world’s first ‘pocket PC’. Licensed to
`Atari as ‘The Atari Portfolio’. Wrote PC-compatible ROM BIOS.
`
`
`
`8
`
`Exhibit 1003
`Page 08 of 12
`
`

`

`Wrote MS-DOS clone o/s. Invented hardware and software ultra
`low-power systems. Pocket PC ran for 50 hours on 3 ‘AA’ batteries.
`
`EXIT: Company acquired by Phoenix Technologies.
`
`1984 – 1986
`
`Psion Ltd (London).
`
`One of the first software engineers at Psion. (Psion Software
`became Symbian in 1998). Video games developer. Developed
`hand-held PDA operating system and communications software,
`tool chains. Helped develop innovative POS (Point of Sale)
`systems for their project with Marks & Spencer retailers.Firmware,
`software design.
`
`1983 – 1984
`
`Thorn EMI (Wardour Street, London)
`
`Video games programmer (Atari 800, Commodore 64, Sinclair
`Spectrum, TI 99/4A, BBC Micro). Developed video games in
`assembler programming languages (6502, Z80).
`
`
`
`1981 – 1983
`
`British Aerospace.(Brooklands, Weybridge, Surrey)
`
`Software programmer. Projects included some work for Concorde.
`Wrote programs in assembly language for IBM System/370
`mainframes.
`
`
`
`Education
`
`2019 -
`
`
`
`Visiting Lecturer, University of Hereford, UK (aka NMiTE)
`
`2004 – 2007
`
`Honorary Senior Research Fellow, University of Birmingham, UK
`
`1991 – 2000
`
`1986
`
`PhD, Cognitive & Computer Science, University of Sussex, UK
`(part-time) Specialized in HCI – Human-Computer Interaction.
`Thesis: "An Analysis and Implementation of Informal Human-
`Computer Interaction"
`
`Imperial College London, Almunus – MSc Computer Science
`(started course but had to suspend it owing to the success and time
`commitments of my new start-up).
`
`1978 – 1981
`
`BSc (Honours) Mathematics, King’s College, University of London
`- President of the Maths Society
`
`
`
`9
`
`Exhibit 1003
`Page 09 of 12
`
`

`

`Continuing Education, Online & Distance Learning
`
`2010
`
`2017
`
`Law Degree, Bachelors. University of London, Distance Learning.
`Started course but decided not to pursue it further after the first
`semester.
`
`The discovery of the Higgs Boson, The Open University, UK.
`Achieved 98% pass marks for online tests, proved the mathematics
`of the ‘God Particle’ from first principles.
`
`2019
`
`
`
`The Philosophy of Science. Oxford University, UK.
`
`
`
`Books, Appearances & Publications
`
`Corporate Counsel – Best of 2019
`https://images.law.com/media/cc/supplements/Best_CC_2019/mobile/index.html (Page
`5)
`
`Guest Panelist, MAPOS (Mobile Applications and Operating Systems), London,
`February 2005
`
`Speaker, Roth Capital Investment Symposium, Laguna Niguel, CA, February 2001
`
`Guest Panelist, Digivations Conference, CA, September 2000
`
`Live Interview, Sky News Business Report, June 2000
`
`Live Interview, CNBC Power Lunch Report, June 2000
`
`Live Webcasts, CEOCast.com, February 2000 & February 2001
`
`“Pen & Paper, the Stylus, and Today’s Computing Needs” Tradespeak.com, February
`2000
`
`“A New Pen and Paper Paradigm”, Colorado Springs Business Journal, December 1999
`
`Communicating With Microcomputers (1987), Sigma Press (Distributed by John Wiley &
`Sons). ISBN 1-85058-055-3
`
`White House Papers (University of Sussex, 1992) Informal Interfaces
`
`White House Papers (University of Sussex, 1994) Informal Interfaces: Informality in
`Human-Computer Interaction
`
`White House Papers (University of Sussex, 1995), An Application of AI Techniques to a
`Consumer Software Product
`
`
`
`
`
`10
`
`Exhibit 1003
`Page 10 of 12
`
`

`

`Technologies
`
`Extremely fluent and experienced in Assembler, C, C++, Java, Prolog, PHP, etc, VHDL,
`Verilog, etc. Multiple Operating System and CPU designs and architectures. All aspects
`(almost) of Software and Hardware. Web technologies. Communications and Internet
`protocols. Specialize in Power Management, PDAs, palmtops, operating systems, HCI
`(Human-Computer Interaction), VHDL design for FPGAs, CPLDs.
`
`
`
`Awards
`
`DemoGod Award, Demo 2000, Palm Springs
`
`PC Magazine Award for Technical Excellence, Comdex Fall, Las Vegas, 1989
`
`
`
`US Work Visas Held
`
`O-1 : ‘for the individual who possesses extraordinary ability’. For Iota Computing Inc,
`2011-2014
`
`H-1B : US Temporary Work Visa, for Xircom, Inc. 1994-1997
`
`H-1: US Temporary Work Visa, for Poqet Computer Corp. 1988-1991
`
`
`
`Other Associations for ‘Full-Disclosure’ (Start-Ups, Consulting, Contracting)
`
`Peavey Commercial Audio – hardware, firmware, software design consulting.
`
`3M Rochford Thompson (Newbury, UK) – passport scanner software.
`
`BTS Technology Inc (Santa Barbara, CA). RFID and wireless PDA applications for the
`Wine industry.
`
`Indigo (Santa Barbara, California) – Omega IR camera control software.
`
`3M (Food Division, Minneapolis) – PDA Wireless Food Ordering System.
`
`Mobile Travel Technologies Ltd (London) – mobile applications for travel planning and
`booking.
`
`Nokia (Tampere, Finland) – Research report on Global Software Development
`Strategies.
`
`Psion Dacom (Milton Keynes). Advised on GSM Stacks in Symbian OS.
`
`Microscribe (Wales, 1991) Developed an MS-DOS version of their CP/M ruggedized
`handheld device.
`
`
`
`11
`
`Exhibit 1003
`Page 11 of 12
`
`

`

`Brandwidth (Windsor, UK) – Windows Mobile software development for Toyota Cars.
`
`
`
`12
`
`Exhibit 1003
`Page 12 of 12
`
`