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