UNITED STATES INTERNATIONAL TRADE COMMISSION
`WASHINGTON, D.C. 20436
`
`Before The Honorable Theodore R. Essex
`
`In the Matter of
`
`... ... ... ...... .... ... .... .. ............ ... (cid:9)
`
`CERTAIN MOBILE DRY!..ES AND............................... .... ........................
`Investigation No. 337-TA-750
`RELATED SOFTWARE (cid:9)
`
`COMPLAINANT APPLE INC.'S DISCLOSURE OF POTENTIAL EXPERTS
`
`Pursuant to the Procedural Schedule for this investigation set forth in
`
`Order No. 5 Complainant Apple Inc. ("Apple") makes the following disclosure of expert
`
`witnesses that Apple may call to testify at the hearing in this investigation, as well as the
`
`general nature of the subject matter on which each expert may testify. Curriculum vitae
`
`for these experts are attached hereto as Attachments A-D.
`
`This identification of experts is based on Apple's understanding of
`
`Respondents Motorola, Inc. and Motorola Mobility, Inc.'s (collectively, "Motorola")
`
`current pleadings and evidence likely to be produced in this investigation. Discovery is
`
`ongoing and Apple hereby reserves the right to supplement this identification in response
`
`to information or contentions identified at a later date, including Motorola's identification
`
`of experts.
`
`1. W. Christopher Bakewell. Mr. Bakewell's expertise includes the
`
`economic analysis of issues in telecommunications and computer hardware and software
`
`products. Mr. Bakewell may testify as to Apple's satisfaction of the economic prong of
`
`the domestic industry requirement; Apple's research, development, sales, and marketing
`
`

`
`of products practicing U.S. Patents Nos. 7,812,828 (the "828 patent") and 5,379,430 (the
`
`"'430 patent"), or 7,663,607 (the `607 patent") (collectively, the "Asserted Patents");
`
`Apple's licensing practices andlor enforcement practices concerning the technology at
`
`issue; the appropriate remedy and bond; any other economic issues that may arise; and
`
`rebut the expert reports, opinions and testimony of Motorola's andlor the OUII Staff's
`
`expert(s) on the foregoing matters; and to rebut the expert reports, opinions and testimony
`
`of Motorola's and/or the OUII Staff's expert(s) on the foregoing matters. Included as
`
`Attachment A is a copy of Mr. Bakewell's curriculum vitae setting forth his
`
`qualifications as an expert, including his education and experience.
`
`2. Dr. Ravin Balakrishnan. Dr. Balakrishnan's expertise includes
`
`touchpads and touch sensors, computer input devices, computer software, and computer
`
`hardware. Dr. Balakrishnan may testify as to matters concerning the technical
`
`background of the Asserted patents and the relevant prior art; matters concerning the
`
`interpretation of the asserted claims of the Asserted patents; matters concerning
`
`infringement positions including, inter al/a, the design, structure, function, and/or
`
`operation of the Accused Products; matters concerning Apple's domestic industry
`
`including, inter al/a, the design, structure, function, and/or operation of Apple's products
`
`that practice one or more claims of the Asserted patents; matters concerning validity
`
`including, inter al/a, the non-anticipation and non-obviousness of the asserted claims of
`
`the Asserted patents; and to rebut the expert reports, opinions and testimony of
`
`Motorola's and/or the OUJI Staff's expert(s) on the foregoing matters. Included as
`
`Attachment B is a copy of Dr. Balakrishnan's curriculum vitae setting forth his
`
`qualifications as an expert, including his education and experience.
`
`2
`
`

`
`3. Dr. Vivek Subramanian. Dr. Subramanian's expertise includes
`
`touchpads and touch sensors, computer input devices, and computer hardware. Dr.
`
`Subramanian may testify as to matters concerning the technical background of the '607
`
`patent and the relevant prior art; matters concerning the interpretation of the asserted
`
`claims of the Asserted patents; matters concerning infringement positions including, inter
`
`a/ia, the design, structure, function, and/or operation of the Accused Products; matters
`
`concerning Apple's domestic industry including, inter a/ia, the design, structure,
`
`function, and/or operation of Apple's products that practice one or more claims of the
`
`Asserted patents; matters concerning validity including, inter a/ia, the non-anticipation
`
`and non-obviousness of the asserted claims of the Asserted patents; and to rebut the
`
`expert reports, opinions and testimony of Motorola's and/or the OUTI Staff's expert(s) on
`
`the foregoing matters. Included as Attachment C is a copy of Dr. Subramanian's
`
`curriculum vitae setting forth his qualifications as an expert, including his education and
`
`experience.
`
`4. Richard Goodin. Mr. Goodin's expertise includes software analysis
`
`and compUter architecture. Mr. Goodin may testify as to matters concerning the
`
`technical background of the Asserted Patents and the relevant prior art; matters
`
`concerning the interpretation of the asserted claims of the Asserted Patents; matters
`
`concerning infringement positions including, inter a/ia, the design, structure, function,
`
`and/or operation of the Accused Products; matters concerning Apple's domestic industry
`
`including, inter cilia, the design, structure, function, and/or operation of any Apple
`
`products that practice one or more claims of the Asserted Patents; matters concerning
`
`validity including, inter a/ia, the non-anticipation and non-obviousness of the asserted
`
`3
`
`

`
`claims of the Asserted Patents; and to rebut the expert reports, opinions and testimony of
`
`Motorola's andlor the OUJI Staff's expert(s) on the foregoing matters. Included as
`
`Attachnient D is a copy of Mr. Goodin's curriculum vitae setting forth his qualifications
`
`as an expert, including his education and experience.
`
`Dated: May 20,2011
`
`Respectfully submitted,
`
`Is! Mark G. Davis
`Mark U. Davis
`Robert T. Vlasis
`Edward S. Jou
`WElL, GOTSUAL & MANGES LLP
`1300 Eye Street, N.W., Suite 900
`Washington, D.C. 20005
`Tel: (202) 682-7000
`Fax: (202) 857-0940
`
`Matthew D. Powers
`Steven S. Cherensky
`Adrian C. Percer
`Paul T. Ehrlich
`Jacqueline T. Harlow
`Robert L. Gerrity
`WElL, GOTSHAL & MANGES LLP
`201 Redwood Shores Parkway
`Redwood Shores, CA 94065
`Tel: (650) 802-3000
`
`Attorneys for Complainant
`APPLE INC.
`
`

`
`CERTIFICATE OF SERVICE
`
`I hereby certify that a copy of the foregoing was served on May 20, 2011 as indicated, on
`the following:
`
`Via EDIS
`James R. Holbein
`Secretary
`U.S. International Trade Commission
`500 E Street SW, Room 112
`Washington, D.C. 20436
`
`Via E-mail and Hand Delivery
`Anne Goalwin
`Office of Unfair Import Investigations
`U.S. international Trade Commission
`500 fl Street SW, Room 401
`Washington, D.C. 20436
`
`anne.goalwin@usitc.gov
`
`Via E-mail
`Charles K. Verhoeven
`Quinn Emanuel Urquhart & Sullivan LLP
`50 California Street, 22nd Floor
`San Francisco, CA 94111
`
`David A. Nelson
`Quinn Emanuel Urquhart & Sullivan LLP
`500 West Madison Street, Ste. 2450
`Chicago, IL 60661
`
`Edward J. DeFranco
`Quinn Emanuel Urquhart & Sullivan LLP
`51 Madison Avenue, 22nd Floor
`New York, NY 10010
`
`Moto-Apple-750@quinnemanuel.com
`
`Via Hand Delivery (2 copies)
`The Honorable Theodore Essex
`Office of the Administrative Law Judge
`U.S. International Trade Commission
`500 E Street SW, Room 317
`Washington, D.C. 20436
`
`Via E-mail and Hand Delivery
`Charles F. Schill
`STEPTOE & JOITfl"JSON LLP
`1330 Connecticut Avenue, N.W.
`Washington, D.C. 20036
`
`Motorola750@steptoe.com
`
`Via E-mail
`Robert T. Haslam
`Jessica R. Gioia
`Krista S. Jacobsen
`Covington & Rurling LLP
`333 Twin Dolphin Drive, Suite 700
`Redwood Shores, CA 94065-14 18
`
`Jeffrey T. Pearlman
`Nathan Shafroth
`Covington & Burling LLP
`One Front Street
`San Francisco, CA 94111-5356
`
`AppleCov@cov.com
`
`Tessa Strasser
`Paralegal
`
`

`
`EX IBIT A
` EXHIBIT A
`
`

`
`W. Christopher Bakewell,ASA, CLP (cid:9)
`Man aging Director (cid:9)
`Duff & Phelps, LLC
`
`fl
`A_, J 1. (cid:9)
`
`Pvj nç
`tj
`.1
`
`
`PROFESSONAL CREDENTIALS
`
`Chris Bakewell tc a Managing Director located in Houston. Chris' client assignments
`have included the valuation and strategic management of businesses and intellectual
`property rights, the valuation of companies and intangible assets in connection with
`business transactions, transaction-related advice and due diligence, as well as audits and
`investigations.
`
`Chris' experience also includes providing consulting services in connection with business
`disputes. Chris has deep experience in matters involving patent infringement, breach of
`contract, theft of trade secrets, diminution of business value, trademark and copyright
`infringement, injunctive relief (including analyses of irreparable harm and ongoing
`royalties), international trade issues (including domestic industry and bonding) as well as
`other matters.
`
`Chris has testWed as an expert witness in Federal Court, State Court, Arbitration, and the
`International Trade Commission.
`
`Education (cid:9)
`
`MBA—Concentration: Finance, Graduate Fellow, Robert H. Smith School of Business,
`University of Maryland at College Park. Internship: US Securities & Exchange Commission.
`
`B.S. inagna cum laude—Business Management & Administration, Bradley University,
`Peoria, illinois. Phi Kappa Phi and Beta Gamma Sigma honor societies.
`
`Professional (cid:9)
`Affillations and (cid:9)
`Cert(fications (cid:9)
`
`American Society of Appraisers (Accredited Senior Appraiser in Business Valuation; Board of
`Directors of Houston Chapter)
`Licensing Executives Society (Certified Licensing Professional)
`Association for Corporate Growth (Member)
`
`Speeches, (cid:9)
`Presentations and (cid:9)
`Publications (cid:9)
`
`"Recent Developments in Intellectual Property Damages," 16th Annual Intellectual Property
`Institute: Crucial Insight and Update on Patent, Trademark and Copyright Law, Washington
`State Bar Association, March 2011
`
`"The Cost of Capital in Intellectual Property Damages," Chapter in Cost of Capita! in
`Litigation.- Applications and Examples, 2011 (co-author)
`
`"Ongoing Royalties," 2010 II' Damages Institute (Ca1CPA Education Foundation), November
`2010 (panelist)
`
`"Valuation of Early Stage Intellectual Property," BVR/Morningstar Summit on Best Practices
`in Valuing Intellectual Property, September 2010
`
`"Churchill on Bilski," Duff & Phelps Client Alert, July 2010 (co-author)
`
`"Valuation of Patented Intellectual Property Rights," The Value Examiner. Professional
`Development Journal of the National Association of Certfled Valuation Analysts, May/June
`2009 (co-author)
`
`"Negotiation of Patent License Agreements," Kroll Global Fraud Report, January 2008
`
`Phone: 713-237-5336 # Mobile: 281-787-8926 # E-mail: chris.bakewell@duffandphelps.com
`1111 Bagby, Suite 1900, Houston, Texas 77002
`
`

`
`Speeches,
`Presentations and (cid:9)
`Publications (cid:9)
`(continued) (cid:9)
`
`W. Christopher Bakewdll, ASA, CLP
`Managing Director
`Page 2
`
`"SFAS 157: An Overview of Fair Value and Valuation Standards for Intangibles," Business
`Valuation Review: The Quarterly Journal of the Business Valuation Committee of the
`American Society ofAppraisers, Volume 26 No. 4, Winter 2007 (co-author)
`
`"An Overview of Patent Reform and Recent Cases: Promoting Innovation?" Continuing
`Education Program for Attorneys, Houston Bar Association, Corporate Counsel Section,
`December 13, 2007 (co-panelist)
`
`"Selecting an Expert and Getting the Most From Your Relationship," Continuing Education
`Program for Attorneys, Association of Corporate Counsel, October 18, 2007 (co-presenter)
`
`"SFAS 157: Step Forward for the Valuation Community," les Nouvelles, July 2007 (co-author)
`
`Journal Referee (editorial review board), World Patent Information--The International Journal
`for Industrial Property Documentation, Information, Classflcation and Statistics, an Elsevier
`Journal, Spring 2007
`
`"Working with Your Damages Expert Throughout the Litigation Life Cycle," Houston Bar
`Association, March 22, 2007
`
`Lectured and/or participated in classroom lectures at Baylor University (BEST Honors
`Business Program), University of Maryland at College Park (Smith School of Business) and
`the University of Houston (Blakely Advocacy Institute).
`
`Planning committee, 2005 Advanced Patent Law Institute, Austin, T.X
`
`Article regarding innovation in the oil sector, Oil and Gas Financial Journal, June 2005
`
`Program advisory committee, Electric Power 2005, Chicago, IL
`
`"Economics of Power Applications," Electric Power 2003, Houston, TX, March 2003 (co-
`chair)
`
`"Comparison of US and European Energy Markets," PowerGen Europe, Milan, Italy, June
`2002
`
`Examples of Business Valuation and Finance
`Experience
`
`In the course of providing financial and valuation analyses, have focused on issues related to
`discounted cash flow, evaluation of market and competitive dynamics, determination of capital
`structure, transaction and market multiples, control premiums/minority discounts, discounts for
`lack of liquidity, and other transferability considerations.
`
`Examples of client assignments and experience include:
`
`Royalty Rate Analyses and Studies. Completed numerous in-depth royalty rate and
`licensing analyses to assist clients in the development of licensing programs, evaluation of
`terms in licensing and contract negotiations, determination of fair market value for asset
`transfers, as well as determination of investment value. Reviewed and analyzed the terms
`and conditions of thousands of license agreements, as well as numerous other contracts.
`
`

`
`W. Christopher Bakewell, ASA, CLP
`Managing Director
`Page 3
`
`Evaluated royalty rates and other terms between multinational enterprises for tax and
`transfer pricing purposes.
`
`Examples of Business (cid:9)
`Experience
`(continued) (cid:9)
`
`• Valuations and Other Opinion-related Services. Prepared fairness opinions; for example,
`in connection with a financial transaction involving medical device companies. Performed
`solvency analyses. Performed valuations of various businesses including minority and
`control blocks of closely-held businesses and marketability discounts. These valuations of
`businesses and assets include manufacturing, distribution, retail and services sectors. In
`. .......................... .... ......... ......... ........... ................................................................addition,..performe.d..pur.chase.pric.... al1o.cations...for.financial..reportingpurposes(Le,....SEAS. .... .. ....... ..... ......... (cid:9)
`141 and SFAS 142). Performed valuations of IP assets, including patents, trademarks,
`copyrights and trade secrets.
`
`--
`
`Market Assessments. Assisted clients in determination of new markets to be developed via
`licensing, evaluation of potential counterparties and structuring/negotiation of licensing
`arrangements, and ongoing business analysis. Assisted with the determination of the
`optimal structure for licensing of technology. Work has involved determination of
`licensing counterparties, structuring of the potential licensing arrangements, evaluation of
`royalty rates, evaluation of market opportunities, assessment of the economic implications
`(e.g., design-arounds, design-outs, and non-infringing
`of technical alternatives
`alternatives), identification and analysis of potential markets and market segments
`(including the analysis of injunctive relief), ongoing analysis of "IP rich" investments, as
`well as IP analytics.
`
`• Investigations, Royalty Audits and Audits of Contractual Rights. Conducted royalty audits
`and other investigations related to contract compliance, including due diligence related to
`business transactions and fraud.
`
`Business Leadership and Contract Negotiation Assistance. Served as business unit
`financial leader for enterprises engaged in asset ownership, manufacturing, power
`generation, and construction. Structured, negotiated and evaluated investment
`opportunities and international trade issues throughout the world. Participated in the
`negotiation of licenses, joint venture agreements, partnership agreements, buy-sell
`arrangements, and other contracts.
`
`Dam aces Analysis and Other Matters Related to Business Disputes
`
`Broad range of experience in business disputes in a variety of litigation settings, including
`state court, federal court, bankruptcy court, arbitration and mediation. Performed services,
`analyses and other activities in connection with dispute-related negotiations, both pre- and
`post-litigation. Retained as an expert in a number of intellectual property matters. As an
`expert, performed analyses of reasonable royalties, lost profits and other opinions regarding
`damages.
`
`Determined and testified regarding economic damages in connection with alleged patent,
`trademark, and copyright infringement as well as regarding other forms of intellectual
`property (e.g., trade secrets and know-how) and contractual rights. Assignments have been in
`a wide range of industries, including: semiconductors, sports media, automotive, software,
`medical devices, pharmaceuticals, and oilfield services. Determined economic damages
`related to theft of trade secrets and proprietary information, diminution of business value, and
`diminution of business value related to alleged wrongful acts.
`
`Specific experience in developing expert opinions regarding financial damages includes the
`
`

`
`W. Christopher Bake well, ASA, CLP
`Managing Director
`Page 4
`
`Examples of Business
`Experience (cid:9)
`(continued)
`
`following:
`
`Computers and Technology
`
`o Search and Online Advertising. Determined reasonable royalty damages and provided
`expert testimony at trial regarding a damages ôlaim involving patented techniques for case-
`based and rule-based reasoning.
`
`- ... ........ ... ................. ............................................ o........Data.Compression...Technolo.gies..for..PCs...and.Mobile...Phones.... Opined...on.iss.ues.related..to. ................ .... ................. -
`irreparable harm and preliminary injunctive relief.
`
`o Search and Online Advertising. Determined reasonable royalty damages regarding
`damages claim for a method of determining bids for advertising in search engines.
`
`o Semiconductors. Provided consulting advice regarding licensing and damages associated
`with breach of a cross-license between two competitors.
`
`o Ecommerce Software. Provided rebuttal testimony regarding claim for reasonable royalty
`damages on methods used for conducting online sales of goods. Opined regarding pre-
`judgment and post-judgment interest, ongoing royalties and issues relating to injunctive
`relief.
`
`• Data Compression. Determined reasonable royalty damages in a matter involving data
`compression hardware and software. Provided rebuttal testimony on damages and
`licensing issues.
`
`• ER? Software. Determined and testified regarding reasonable royalty damages in a matter
`involving patented technology related to hierarchical accesses used for pricing.
`
`Studied issues relating to domestic industry and other
`• Semiconductors. (cid:9)
`economic/licensing issues in a matter involving graphic processors.
`
`• Telecommunications. Determined the value of a block of shares of a telecommunications
`services company a controlling, non-marketable basis.
`
`• Plasma Display Technology. Analyzed and provided testimony regarding financial
`records, royalty base and issues related to reasonable royalty damages claim in connection
`with alleged patent infringement.
`
`• Video. Analyzed economic damages for claims of patent infringement in matters
`involving parental control (i.e., "V-Chip") technology.
`
`• Product Configuration Software. Determined economic damages in connection with
`claims of patent infringement, theft of trade secrets and breach of contract in a matter
`involving product configuration software.
`
`• CRM Software (Banking). Determined economic damages in connection with allegations
`that a license had been breached.
`
`o Authentication and Encryption. Analyzed economic damages in connection with claims
`of patent infringement.
`
`

`
`W. Christopher Bakewell, ASA, CLP
`Managing Director
`Page 5
`
`Examples of Business (cid:9)
`Experience
`(continued) (cid:9)
`
`o Statistical Software. Determined damages and provided expert testimony in connection
`with Lanham Act claims of trademark infringement.
`
`a Telecommunications Software. Analyzed economic damages relating to claims of patent
`infringement in a matter involving routing of cellular calls based on geographic location.
`
`o Semiconductors. Analyzed economic damages and exhaustion issues in connection with
`patent infringement claims involving DRAM technology.
`
`• Software. Analyzed economic damages in relation to claims of patent infringement
`involving methods of programming used for video used over the Internet and related
`development tools.
`
`Determined patent infringement damages in connection with alleged
`• Software. (cid:9)
`infringement of method claims for retail security related technology.
`
`• Semiconductors/LEDs. Determined reasonable royalty damages relating to light emitting
`diodes.
`
`o Semiconductors/LEDs. Analyzed reasonable royalty damages relating to light emitting
`diodes.
`
`Determined and testified regarding economic damages,
`• Semiconductor Equipment. (cid:9)
`including lost profits, reasonable royalty and head-start measures, in connection with a
`complex breach of contract, fraud and theft claim.
`
`• Semiconductors. Studied issues relating to the appropriate level of a bond in an
`international trade dispute.
`
`• Patented Security Software. Determined reasonable royalty and lost profits damages in
`litigation related to patented methods for security and performance software.
`
`• Telecommunications/Mobile Devices. Determined reasonable royalty damages in a patent
`infringement matter involving mobile multimedia devices.
`
`Provided consulting guidance to counsel and chip manufacturer
`• Microprocessors. (cid:9)
`regarding determination of reasonable royalty damages.
`
`• Semiconductors. Determined economic damages in connection with alleged wrongful
`taking of memory-related semiconductor technology.
`
`Provided consulting guidance to counsel, chip
`• Microprocessor Instruction Patents. (cid:9)
`manufacturer and computer retailer regarding determination of reasonable royalty damages
`and preparation of expert reports.
`
`• Computer Algorithms for Database Tools. Provided financial and trial-related consulting
`• support in matter involving patented methods for processing data.
`
`Performed reasonable royalty analysis concerning patented
`• Multimedia Broadcasting.
`method for presenting game data and statistics over the Internet.
`
`• Telecommunications.
`
`Provided financial and economic analysis in a dispute involving
`
`

`
`W. Christopher Bake well, ASA, CLP
`Managing Director
`Page 6
`
`Examples of Business (cid:9)
`Experience
`(continued) (cid:9)
`
`alleged patent infringement of patents covering methods of wireless telephone call routing
`relative to location.
`
`a Telecommunications. Determined economic damages and performed a variety of
`economic analyses in a dispute involving a RBOC and a start-up digital carrier.
`
`o Audio. Prepared fairness opinion for transaction involving IP rights involving hearing-
`related technology.
`
`Retail and Other
`
`• Media, Tickets and Professional Artists. Performed/reviewed various purchase price
`allocations (i.e. SFAS 141) involving celebrity merchandising and trade names, festival
`promotion rights, sponsorship contracts, and related non-compete agreements.
`
`• Retail / Home Improvement. Determined damages under Lanham Act/trademark
`infringement claims.
`
`• Beverages. Provided expert opinion and testimony related to Lanham Act/copyright
`infringement claims involving a well-known brand name. Analyzed the economic impact
`of alleged consumer confusion.
`
`• Electronic Designs. Analyzed patent infringement damages relating to a design patent and
`private-label mobile phone chargers offered by a retailer.
`
`• Professional Practice. Valued a 50% interest in a professional services practice in
`connection with a disputed buyout.
`
`• Retail Foods. Provided expert opinion regarding damages associated with unfair
`competition and theft of proprietary information.
`
`• Consumer Product. Determined lost profit and reasonable royalty damages in connection
`with claims of patent infringement for a matter involving baby strollers.
`
`• Retail Foods. Provided an evaluation and recommendations regarding the business and
`operations strategies, including licensing versus making decisions, for a Latino consumer-
`products trademark and tradename expanding its reach in the U.S. marketplace.
`
`• Transportation and Fire Safety Products. Determined the value of trademarks and patents
`in connection with an acquisition (i.e. SFAS 141).
`
`• Retail Foods. Determined reasonable royalty damages in matter involving method for
`preparation and presentation of meat products.
`
`• Writing Instruments. Provided consulting assistance including research and financial
`analysis for mediation and license negotiation purposes.
`
`• Sports/Broadcasting. Determined economic damages in connection with breach of
`contract claims involving broadcasting of professional sporting teams.
`
`• Professional Sports. Determined trademark infringement damages in a matter involving
`
`

`
`W. Christopher Bakewell, ASA, CLP
`Managing Director
`Page 7
`
`Examples ofBusiness (cid:9)
`Experience
`(continued) (cid:9)
`
`professional sports franchises. Also determined value of TV and media rights contracts in
`a separate matter.
`
`o Transaction/Bankruptcy. Performed valuation of company and assets in connection with
`recapitalization.
`
`o Bankruptcy. Performed numerous valuations and valuation-related services, including pre-
`and post- filing assessments of value and proposed recapitalizations for debtors-in-
`--- ---------------------- --- ---------------------------------------------------- ------ ---- ----- --------- --- possession,-...cred.itors ----committees-and....tmsteestrecei-vers... - .... Assignments....have--included........................
`preparation and critiques of plans of reorganization, insolvency, fraudulent conveyance
`and analyses of preferential payments.
`
`-
`
`o Other. Determined economic damages and performed services in connection with
`valuation and financial-related disputes, including other matters involving the above
`industries, as well as other industries ranging from timber to telecommunications.
`
`Medical. Pharmaceuticals and Biotechnology
`
`Provided consulting advice relating to the value of a
`• Medical Devices/Testing.
`therapy/drug delivery method and testing.
`
`• Medical Devices. Provided licensing advice and services relating to cardio and stent
`related technologies.
`
`• Topical Ointment. Determined damages under Lanham Act claims of trademark
`infringement and unfair competition.
`
`• Pacemaker and Pacemaker Sofiware. Analyzing patent infringement damages in
`connection with patents involving methods of controlling pacemakers.
`
`• Biotech/pharma Product. Determined the value of an enterprise with an exclusive license
`in the field of opthamology (macular degeneration) and a non-exclusive license in other
`fields.
`
`• Coronary Stents and Surgical Devices (Ne uro vascular Intervention). Determined
`economic damages in connection with allegations of patent infringement.
`
`• Catheters. Analyzed economic damages in connection with allegations of patent
`infringement.
`
`• Pacemaker and Defibrillator Technology. Provided expert damages opinion in patent
`infringement matter.
`
`• Pharmaceuticals. Determined reasonable royalty damages in connection with claims of
`patent infringement of HI V/AIDS drug therapy patents.
`
`• Neutraceuticals. Quantified damages associated with inter-temporal values of blocks of
`shares, as well as analysis of solvency for the enterprise as a whole, in connection with
`highly leveraged transaction.
`
`o Medical Practice. Analyzed damages stemming from insolvency of medical practice.
`
`

`
`W. Christopher Bakewell,ASA, CLP
`Managing Director
`Page 8
`
`Examples of Business o Heartbeat Sensor Technology. Performed analysis of damages in connection with dispute
`concerning heartbeat detection technology.
`Experience (cid:9)
`(continued)
`
`o Medical Devices. Calculated reasonable royalty damages in matter involving prosthetics.
`
`o Medical-Other. Calculated patent infringement damages in other matters involving
`pharmaceuticals and biotechnology.
`
`Automotive, Manufacturing and Heavy Industry
`
`o Automotive Hybrid Engine Patents. Provided consulting advice regarding the amount of a
`reasonable royalty under a post-trial, ongoing royalty rate scenario.
`
`o Fluid Transportation. Evaluated damages stemming from claims of fraud and breach of
`contract.
`
`Prepared damages
`o Copyrighted Engineering Drawings for Automotive Manufacturing.
`analysis and provided expert testimony regarding alleged infringement of copyrighted
`drawings.
`
`• Valuation of Minority Shareholder Interest in Automotive Industry. Conducted financial
`analysis on behalf of a minority shareholder for a potential additional investment of
`capital. Assignment led to litigation, where testimony was provided at deposition and trial.
`
`• Automotive Patents - Design. Determined reasonable royalty damages in connection with
`alleged infringement of automotive field patents.
`
`Provided consulting assistance to
`• Automotive Patents - Hybrid Engine Technology.
`determine size of market, damage estimation and associated negotiation strategies.
`
`• Civil Engineering Drawings. Determined copyright infringement damages in matter
`involving engineering drawings.
`
`Energy and Process Industry
`
`o Chemical and Process Industry. Determined economic damages involving alleged breach
`of contract for the supply of caustic soda.
`
`o Oilfield Services. Evaluated damages relating to a patented drilling method.
`
`o Power Generation. Determined economic damages using a market forecasting tool,
`together with statistical and real-options based valuation methodology. This assignment
`also involved determining lost profits using additional financial analysis. Arbilration panel
`awarded damages consistent with this damages model.
`
`Performed purchase price allocation (i.e. SFAS 141) and
`o Measurement Technology.
`analyzed financial treatment of the acquisition of a patent portfolio relating to
`measurement while drilling techniques.
`
`

`
`W Christopher Bake well, ASA, CLP
`Managing Director
`Page 9
`
`o Sampling Technology. Submitted expert opinion regarding rebuttal of damages issues in
`patent infringement matter.
`
`o Qilfield Services Technology. Determined damages in connection with alleged breach of
`contract related to drilling technology.
`
`Determined economic damages in coimection with dispute
`o Tubular Technology. (cid:9)
`regarding value of joint venture and associated contracts, market opportunities and
`
`o Casing Technology. Determined reasonable royalty damages in matter involving patents
`for method of stringing casing.
`
`Determined damages and submitted expert testimony
`o Power Plant Construction. (cid:9)
`associated with alleged breach of a contract to construct a base load power plant.
`
`o Power Generation. Determined damages and provided testimony associated with breach
`of contract claim.
`
`Analyzed a complex .series of transactions to determine alter ego and
`o Chemicals. (cid:9)
`corporate veil claims of a major multinational company in CERCLAJSuperfund litigation.
`
`Professional
`and Business History (cid:9)
`
`Duff & Phelps, Managing Director (2008-present).
`
`Kroll, Senior Director (2008), Director (2007-2008).
`
`CRA International (formerly Inte Cap), Principal (2005-20 06), Director (2002-2005).
`
`KPMG, Manager, Global Financial Strategies (2001).
`
`Wartsila Corporation (1995-2002); positions held include: Director, Business Development
`WDFS (2001-2002); Director of Finance, WDFS (2000-2001); Controller and Treasurer,
`Wartsila Power Development (1999-2000); Controller, Wartsila Netherlands (1998-1999);
`Controller and Manager of Finance, Wartsila North America (1995-1998).
`
`C.W. Amos & Company, Consulting Supervisor (1995), Senior Consultant (1993-1994).
`
`Andersen Consulting (now Accenture), Consultant (1990-1991).
`
`

`
`EX IBIT B
`EXHIBIT B
`
`

`
`Ravrn Balakrishnan
`Curriculum Vitae
`
`Contact in formation
`
`Address: Department of Computer Science
`University of Toronto.
`10 King's College Road
`Toronto, Ontario
`Canada M5S 3G4
`
`(4 I).228:9.......................................
`fax: (416) 978-5184
`email: ravin@dgp.toronto.edu
`web: www.dgp.toronto.eduI-ravin
`
`Education
`
`Ph.D. Computer Science, University of Toronto, Canada.