Trademark Trial and Appeal Board Electronic Filing System. https://estta.uspto.gov
`ESTTA1277574
`04/11/2023
`
`ESTTA Tracking number:
`
`Filing date:
`
`Proceeding no.
`
`Party
`
`Correspondence
`address
`
`Submission
`
`Filer's name
`
`Filer's email
`
`Signature
`
`Date
`
`Attachments
`
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`91272699
`
`Plaintiff
`Exponent, Inc.
`
`LUCAS T. VANDE SANDE
`HALL & VANDE SANDE, LLC
`10220 RIVER ROAD, SUITE 200
`POTOMAC, MD 20854
`UNITED STATES
`Primary email: tv@hvsllc.com
`Secondary email(s): dnappi@hvsllc.com, vivek@blgtrademarks.com,
`lvs@hvsllc.com
`301-983-2500
`Testimony For Plaintiff
`
`Thomas J. Vande Sande
`
`tv@hvsllc.com
`
`/thomasjvandesande/
`
`04/11/2023
`
`Opposer Exponents Exhibit 4 Part 1.pdf(5380558 bytes )
`Opposer Exponents Exhibit 4 Part 2.pdf(4001759 bytes )
`Opposer Exponents Exhibit 4 Part 3.pdf(3327641 bytes )
`Opposer Exponents Exhibit 5.pdf(2532805 bytes )
`Opposer Exponents Exhibit 6.pdf(2444213 bytes )
`Opposer Exponents Exhibit 7.pdf(2108162 bytes )
`Opposer Exponents Exhibit 8.pdf(3218763 bytes )
`Opposer Exponents Exhibit 9 Part 1.pdf(4025767 bytes )
`Opposer Exponents Exhibit 9 Part 2.pdf(3689126 bytes )
`Opposer Exponents Exhibit 10 Part 1.pdf(5414581 bytes )
`Opposer Exponents Exhibit 10 Part 2.pdf(3773558 bytes )
`Opposer Exponents Exhibit 11.pdf(3825173 bytes )
`Opposer Exponents Exhibit 12.pdf(2571031 bytes )
`Opposer Exponents Exhibit 13.pdf(3688627 bytes )
`Opposer Exponents Exhibit 14.pdf(2533930 bytes )
`
`

`

`Opposer
`Exponent's
`Exhibit 4
`Part 1
`
`

`

`10/9/2020
`
`o
`
`(20+) Exponent I Facebook
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`Land your dream tech job,
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`Exponent
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`10/9/2020
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`o
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`(20+) Exponent I Facebook
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`10/9/2020
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`O
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`(20+) Exponent I Facebook
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`Great just isn't good enough, especially when it comes to
`employees. Larry Page, co-founder and long-time CEO of Google, is
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`Opposer
`Exponent's
`Exhibit 4
`Part 2
`
`

`

`10/9/2020
`
`o
`
`Q,
`
`(20+) Exponent I Facebook
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`+ O
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`BLOGTRYEXPONENT.COM
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`makes a great person. What makes a great person? I use the mind
`body spirit framework."
`
`Tune in to hear how SC Moatti, Founder at Products That Count,
`thinks about some of the latest product management trends and
`insights.
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`10/9/2020
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`o
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`Press Enter to post.
`
`Exponent
`3 d - Q
`
`(20+) Exponent I Facebook
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`+ O
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`You landed your dream product management job. Now what?
`
`Here's what you need to do in the first week as a product manager.
`Thanks @AI Dea and MBASchooled for the collab!
`
`https://mbaschooled.com/.../how-to-ace-your-first-week.../
`
`MBASCHOOLED.COM
`How To Ace Your First Week as a New
`Product Manager
`Are you looking to start your new role as a
`Product Manager? Check out these tips from
`Stephen Cognetta, a Former PM at Google, an..
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`Exponent
`4d -Q
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`Have you cracked our choose-your-own-adventure interview
`simulator?
`
`Facebook mobile is down 5%. You're the PM. What do you do? Click
`the buttons below to see if you can solve our free interview
`simulation tool.
`
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`

`Opposer
`Exponent's
`Exhibit 4
`Part3
`
`

`

`10/9/2020
`
`(20+) Exponent I Facebook
`
`Q =
`
`+ O
`
`i.
`
`SIMULATOR.TRYEXPONENT.COM
`Interview Simulator by Exponent
`A virtual interview simulator brought to you by Exponent, the inte...
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`Exponent
`October 2 at 9:50 AM • Q
`
`© © @ @
`
`Want to land the dream Google ARM job?
`
`Here's our full free guide to the Google ARM interview, including
`interview stages, sample interview questions, and more.
`
`https://www.tryexponent.com/guides/google/apm-interview
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`Interview
`Guide
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`10/9/2020
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`o
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`(20+) Exponent I Facebook
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`Write a comment...
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`7/7
`
`

`

`Opposer
`Opposer
`Exponent’s
`Exponent's
`Exhibit 5
`Exhibit 5
`
`

`

`Q Google Courses - Exponent
`
`X
`
`-f-
`
`<-
`
`C
`
`i
`
`tryexponent.com/courses?tag=Google
`
`i£> & fr Cl A) :
`
`G •• Multi Door Dispute... N Virginia First-Time...
`
`j& Executive Staff
`
`IP Office of County Ex... PB SECTORS - DC Econ... US High Yield Savings... © USPTO TSDR Case...
`
`»
`
`Other bookmarks
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`New Course: Practice for SQL Interviews with Exponent X
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`Exponent
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`Google
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`Google PM Interview Course
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`Product Skills Course
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`Oil 11 courses 0 7.3k students
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`In this course, we'll examine frequently asked
`questions about the Google interview process,.
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`This course covers the fundamentals of product
`management, helping you understand the basic..,
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`P Type here to search
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`

`

`Opposer
`Opposer
`Exponent’s
`Exponent's
`Exhibit 6
`Exhibit 6
`
`

`

`grounds that it seeks information protected from discovery as privileged attorney-client communications
`and as attorney work product. See Exhibit A, No. 3, 4, 6, and 7.
`
`Document Request No. 6: All Documents concerning Applicant's knowledge of Opposer or Opposer's
`Mark, authored prior to the initiation of these proceedings, including, but not limited to, all Documents
`reflecting communications about Opposer or Opposers use of Opponents Mark or Opposer's trade name.
`
`Response to Document Request No. 6; Applicant received the following communication:
`
`FEB 19, 2 0 2 1
`
`Daniel Shuler, CISSP, PMP • 10:20 AM
`
`Exponent vs. Exponent
`
`Stephen, for some reason your Exponent is combing
`with my Exponent. This is causing a significant amount
`of confusion across our users and clients, since you
`are now showing as the Co-Founder for our company.
`Is it possible to update your company profile name to
`include a more descriptive name of your company?
`
`I have submitted this request to Linkedln, but they
`have indicated this is something that needs to be done
`from within the company profile.
`
`Please see attached screenshot.
`
`Thanks.
`Daniel
`
`Applicant states it has no other documents related to Opposer's Mark authored prior to the initiation of
`these proceedings.
`
`Document Request No. 7: Documents sufficient to identify any person actually or intended to be
`employed, retained, or engaged by Applicant to advertise or promote the Challenged Mark or any goods or
`services under or in connection with the Challenged Mark.
`
`Response to Document Request No. 7: Applicant has not employed, retained, or engaged any person to
`advertise or promote the Challenged Mark or any goods or services under or in connection with the
`Challenged Mark. Applicant has the following affiliate partners who are influential in the tech industry
`space and promote Applicant's brand:
`
`• Raphael Korach
`• Mario Gerard
`•
`Ilias Tsigkogiannis
`• Zuhayeer Musa
`• Alisa Hainan
`• Ryan Hill
`
`Applicant's Third Amended Responses to Opposer's First Request for Production of Documents
`
`

`

`Opposer
`Opposer
`Exponent’s
`Exponent's
`Exhibit 7
`Exhibit 7
`
`

`

`4/6/23, 11:17 AM
`
`Investing in People | Exponent
`
`X Our Impact
`
`I N V E S T I N G IN P E O P L E
`
`Forever Learners
`
`HOW WE BUILD S C I E N T I F I C K N O W L E D G E AND TALENT
`
`Exponent consultants are recognized leaders in their fields. We
`
`advance scientific and engineering knowledge through our client
`
`work and through our commitments to education, teaching,
`
`mentoring, and publishing.
`
`https://www. exponent.com/our-impact/investing-people
`
`1 /14
`
`

`

`Opposer
`Opposer
`Exponent’s
`Exponent's
`Exhibit 8
`Exhibit 8
`
`

`

`ights I Exponent
`
`X
`
`4"
`
`<- C i exponent.com/insights?=&referrerPageUrl^
`
`3 O« Multi Door Dispute... N Virginia First-Time... ^Jj Executive Staff ^ Office of County Ex... Pffi SECTORS - DC Econ... Eg High Yield Savings... © USPTO TSDR Case...
`
`Exponent
`
`INSIGHT
`
`OUR IMPACT
`
`COMPANY
`
`CAREERS
`
`IN
`
`Solutions
`
`Industries Expertise Peopk
`
`Science & Engineering
`Insights for Your Path
`Forward
`
`P Type here to search
`
`3/29/2023
`
`

`

`Opposer
`Exponent's
`Exhibit 9
`Part 1
`
`

`

`4/6/23, 11:37 AM
`
`The Importance of Project Management in Timely Software Deployment | Exponent
`
`T H O U G H T L E A D E R S H I P
`
`The Importance of Projec
`Management in Timely
`Software Deployment
`
`https://www.exponent.com/article/irnportance-project-management-tirnely-software-deployment
`
`1/5
`
`

`

`4/6/23, 11:37 AM
`
`The Importance of Project Management in Timely Software Deployment | Exponent
`
`S H A R E
`
`in ra A
`
`September 19,2019
`
`In 2002, the National Institute of Standards and Technology estimated that
`
`software errors cost the U.S. economy an estimated $59.5 billion annually. Since
`
`then, multiple studies have shown that large-scale software implementations
`
`routinely experience significant budget and schedule overruns:
`
`•
`
`In 2013, the Standish Group, an IT research advisory firm, issued a report
`
`documenting that in 2012 as much as 74% i of IT software project
`
`implementations ran behind schedule.
`
`• Panorama Consulting found that 54% of enterprise resource planning i
`
`implementation projects in 2013 were over budget to varying degrees and the
`
`dominant reason for budget overruns for software systems was expansion of
`
`project scope (17%), while the second dominant reason was unanticipated
`
`technical or organizational problems (15%).
`
`The licensed professional electrical and computer engineers in Exponent's
`
`Electrical Engineering & Computer Science practice have investigated large-scale
`
`enterprise software systems for over 10 years. Based on experience, poor project
`
`management in the early stages of software construction can contribute to
`
`ineffective solutions, development delays, personal injury, and potential litigation.
`
`A number of project management missteps can adversely affect the timing and
`
`quality of software deployment. One common issue is a misalignment between
`
`customer requirements and system design during the requirements engineering
`
`phase of a project. This can occur for a variety of reasons including poor
`
`https://www.exponent.com/article/importance-project-management-timely-software-deployment
`
`2/5
`
`

`

`Opposer
`Exponent's
`Exhibit 9
`Part 2
`
`

`

`4/6/23, 11:37 AM
`
`The Importance of Project Management in Timely Software Deployment | Exponent
`
`communication, resource overloading, aggressive marketing, and a lack of
`
`adequate engineering requirements.
`
`These factors can lead to a failure of the software to meet the customer's
`
`expectations. Alternatively, the software product may meet a customer's
`
`expectations but experience significant installation delays. Common contributors
`
`include frequent changes to project scope or customer requirements, establishing
`
`unreasonable project timelines, accidents, and inaccurate cost estimates at the
`
`project's onset.
`
`Our team at Exponent recently investigated an insurance claim that involved an
`
`enterprise-scale software deployment delay. We were asked to determine whether
`
`the requested multi-million-dollar claim was reasonable based on the scope of
`
`work for the software installation and to evaluate whether a fire that occurred at
`
`the facility had contributed to the deployment delay. To complete this task, we
`
`coupled our experience in fire investigation with our experience in project
`
`management and electrical and software engineering to identify the software
`
`components needed for effective installation.
`
`After performing an in-depth analysis of the project timeline, scope, and work
`
`performed, we calculated the cost for the delay to be -20% of the original multi-
`
`million-dollar claim, because our estimate excluded costs that would have been
`
`incurred regardless of the incident. We also demonstrated how the delay caused by
`
`the fire incident actually provided a benefit to the organization, as it allowed the
`
`developers more time to rectify existing gaps in the software system. The matter
`
`was quickly settled after our report was delivered.
`
`How Exponent Can Help
`
`This project illustrates Exponent's multidisciplinary approach to problem solving
`
`and software failure investigations. Our team includes certified software quality
`
`engineers, project management professionals, and subject matter experts in
`
`multiple technical areas where software is used as an application. Our experience
`
`https://www.exponent.com/article/importance-project-management-timely-software-deployment
`
`3/5
`
`

`

`4/6/23, 11:37 AM
`
`The Importance of Project Management in Timely Software Deployment | Exponent
`
`over decades of failure investigations enables us to determine the root cause of
`
`software failure, to elucidate risks based on industry standards, and to provide
`
`peer-reviewed, well-supported opinions on the results of each investigation.
`
`X
`
`Contact us
`
`T O U C H
`
`Interested in joining our team?
`
`V I E W O U R C U R R E N T O P E N I N G S
`
`Careers
`
`Contact
`
`investors
`
`Privacy Policy
`
`Security Statement
`
`https://www.exponent.com/article/importance-project-management-timely-software-deployment
`
`4/5
`
`

`

`Opposer
`Exponent's
`Exhibit 10
`Part 1
`
`

`

`4/6/23, 11:47 AM
`
`Stop Assuming Your Data Scientist is a Metallurgist or Meteorologist | Exponent
`
`Exponent
`
`p Assuming Your Data
`ntist is a Metallurgist o
`Meteorologist
`
`meaningful decision-ma
`
`I LJ VJI I Id 11
`
`https://www.exponent.com/article/stop-assuming-your-data-scientist-metallurgist-or-meteorologist
`
`1/6
`
`

`

`4/6/23, 11:47 AM
`
`Stop Assuming Your Data Scientist is a Metallurgist or Meteorologist | Exponent
`
`February 4,2021
`
`Over 40% of companies worldwide use big data analytics to make business and
`
`operational decisions. Benefits include more strategic decision-making, improved
`
`control of operational processes, reduced uncertainty, and better understanding
`
`customers, risks, and costs. Unfortunately, organizations sometimes fail to realize
`
`these benefits by relying solely on data analytics without domain-specific insight.
`
`Data analytics performed without domain expertise can lead to conclusions or
`
`predictions that don't make sense in the real world and drive decisions that may in
`
`turn introduce risks to the reliability, integrity, or safety of products or
`
`infrastructure. In contrast, organizations who combine data analytics with domain
`
`expertise can leverage a cross-disciplinary approach to efficiently collect and
`
`analyze data, optimize predictions, and support decision-making.
`
`https://www.exponent.com/article/stop-assuming-your-data-scientist-metallurgist-or-meteorologist
`
`2/6
`
`

`

`4/6/23, 11:47 AM
`
`Stop Assuming Your Data Scientist is a Metallurgist or Meteorologist | Exponent
`
`Bottom line? Stop assuming data scientists are metallurgists, meteorologists, or
`
`other domain experts. Instead, prioritize the integration of data science and
`
`domain expertise throughout a project to obtain meaningful results that can help
`
`you make practical business and operational decisions.
`
`Integrated from the Start
`
`It can be tempting for an organization to offload a data analytics project to a third
`
`party and turn its attention to other business until the work is done. While effective
`
`data scientists might excel at mathematical modeling, it is critical that the
`
`analytical trends and correlations produced make sense in the real world and that
`
`insights can be integrated into operational workflow. In our experience, this is best
`
`accomplished by integrating data analytics and applications-based domain
`
`expertise from the beginning of a project.
`
`Suppose you are interested in understanding consumer behavior and send a
`
`survey to your customers. A data scientist can certainly analyze responses and offer
`
`insights. However, the integrity of the conclusions they draw will depend critically
`
`on how well the survey was designed.
`
`Did you bias your customers' answers by asking
`questions in the wrong order? Did your phrasing
`encourage the answer you wanted? Are you surveying
`only your most frequent customers?
`
`Drawing meaningful conclusions about consumer behavior, like most data-driven
`
`projects, requires a cross-disciplinary team. In this example, that includes experts
`
`in statistics, psychology, and human behavior working alongside data scientists.
`
`Leveraging the Right Data
`
`https://www.exponent.com/article/stop-assumjng-your-data-scientist-metallurgist-or-meteorologist
`
`3/6
`
`

`

`Opposer
`Exponent's
`Exhibit 10
`Part 2
`
`

`

`4/6/23, 11:47 AM
`
`Stop Assuming Your Data Scientist is a Metallurgist or Meteorologist | Exponent
`
`As another example, a utility may employ a third-party partner to provide data-
`
`driven recommendations on areas with the highest risks to assets from regional
`
`weather patterns and other outside forces. By including a utilities expert in the
`
`initial data collection process, the team can ensure that the most critical input data
`
`is leveraged.
`
`For example, an advanced algorithm could suggest based on analysis of limited
`
`field data that the higher the humidity, the less corrosion a pipeline will incur. A
`
`metallurgist closely integrated into this work could determine whether or not this
`
`prediction is accurate and, if needed, partner with the data scientist to redirect the
`
`model.
`
`This type of scientific integration throughout a project can drive more engineering-
`
`informed results and help organizations avoid safety, reliability, or quality issues
`
`down the line. In this example, the analysis team (data scientist, utilities expert,
`
`and metallurgist) contributes expertise while executing an approach grounded in
`
`engineering realities. This type of solution development allows for a highly multi-
`
`disciplinary approach that incorporates critical considerations from different
`
`domains.
`
`Similarly, domain experts can help data scientists ensure that models target the
`
`correct variable or issue from the onset. For example, if humidity is a known,
`
`unavoidable issue in a given project, it may not be useful to let it dominate a
`
`model's analytics. By coupling mathematical modeling with domain expertise,
`
`organizations can avoid exclusively focusing on known variables or eliminating
`
`secondary variables that may influence a model's outcome in a given population or
`
`region.
`
`How Exponent Can Help
`
`Exponent's multi-disciplinary team of engineers and scientists has both data
`
`analytics and domain expertise to help organizations across industries obtain the
`
`most meaningful results for real-world decision-making. Our data scientists are
`
`https://www.exponent.com/article/stop-assuming-your-data-scientist-metallurgist-or-meteorologist
`
`4/6
`
`

`

`4/6/23, 11:47 AM
`
`Stop Assuming Your Data Scientist is a Metallurgist or Meteorologist | Exponent
`
`software agnostic and have the analytical tools to accommodate the cloud service,
`
`dashboard, and platform of choice for a given organization. We also have domain
`
`experts in a wide variety of disciplines, including but not limited to:
`
`• Corrosion engineers trained in metallurgy
`
`• Environmental scientists who understand both the effects of weather and
`
`pollution and environmental regulations across countries
`
`• Electrical engineers who understand battery behavior
`
`• Toxicologists who can speak about consumer safety based on analytical
`
`results
`
`• Human factors experts who understand consumer behavior.
`
`A U T H O R S
`
`x
`
`Contact us
`
`GET IN TOUCH
`
`https://www.exponent.com/article/stop-assurning-your-data-scientist-metallurgist-or-meteorologist
`
`5/6
`
`

`

`Opposer
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`Our Impact
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`Overview
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`Investing in People
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`Advancing Science
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`Safety & The Environment
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`logetner, We Advance Science & hngmeermg
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`Every day, our professionals advance their fields, contribute to building a
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`pipeline of scientific and engineering talent, and lend their expertise to
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`standards-setting committees and organizations.
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`Scientific Publications
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`On average, Exponent consultants and staff author, co-author, and contribute annually
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`to more than 200 peer-reviewed scientific and engineering publications — on topics
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`Our Impact
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`Overview
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`Investing in People
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`Advancing Science
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`Safety & The Environment
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`Academic Appointments
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`Today, more than 50 of our full-time consultants serve as adjunct professors, lecturers,
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`instructors, and advisors at universities across the country and around the world.
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`Exponent staff serve on more than 250 individual scientific and engineering committees
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`Opposer
`Opposer
`Exponent’s
`Exponent's
`Exhibit 12
`Exhibit 12
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`Opposer
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`Exponent’s
`Exponent's
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`Exhibit 13
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`Academic Appointments
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`Sample of Institutions We Serve
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`Arizona State University
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`Columbia University
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`Drexel University
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`Georgia Institute of Technology
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`Massachusetts Institute of Technology
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`New York University
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`Stanford University
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`Sun Yat-sen University
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`University of California, Berkeley
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`University of California, Davis
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`University of California, Los Angeles
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`University of Michigan
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`OUR IMPACT + SHARE
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`Engineering and Scientific Consulting
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`Sample of Institutions We Serve
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`Sample of Topics We Teach
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`More than 50 Exponent consultants currently hold
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`Engineering
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`Opposer
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`Exponent’s
`Exponent's
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`Exhibit 14
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`PM' Technical, Amazon
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