Dave Martens

Computer software and hardware expert with more than thirty years as an expert, engineer, and IP litigator. Extensive experience in software and hardware design, analysis, and drafting expert reports. Engaged as testifying expert in several cases including copyright cases.

Recent projects include analyzing C++/C, NodeJS, Python, Golang and Java code, projects involving communications between server and mobile devices and between servers, analyzing network communications, databases, computer provisioning and sandboxing, document analysis including link extraction, network packet sniffing (Wireshark), and source code control systems (e.g., Git/GitHub). Very familiar with all forms of IP litigation including copyright, trade secret and patent litigation. Went to trial as testifying expert in EDVA, was scheduled to testify as expert at ITC before case settled and was testifying expert in SDTX (copyright) although case resolved before testimony or trial.

Professional Summary

Professional Experience

Principal, Intuity Consultants and Intuity PC (July 2016 to present)

  • Testifying expert for source code analysis of Sophos’s source code in Eastern District of Virginia action (2:19-cv-00018) of Vir2us v. Sophos et al.; engaged by Bartko Zankel for Vir2us; 2019 (was deposed as expert but case resolved at trial prior to trial testimony). Analyzed bodies of code for two companies to determine similarities between code sets.
  • Testifying expert for technical aspects of Intel microprocessors in District of Oregon action (3:18-cv-326) of Tabaian v. Intel; engaged by Wilmer Hale for Intel; 2019 (case settled prior to testimony).
  • Testifying expert for client on source code content, source code development practices, and source code control systems (Git and Visual Source Safe) for copyright infringement and trade secret misappropriation in SDTX case (4:16-CV- 03595) of Arya Risk Management v. Dufossat; engaged by Heygood, Orr & Pearson for Arya; 2018
  • Independently drafted 175-page expert report
  • Was scheduled to testify in support of my expert report until opposing party opted not to rebut my findings; case resolved before trial
  • Source code review of Facebook’s source code in Western District of Texas action (6:19-cv-00708) of Onstream Media Corp. v. Facebook; engaged by Latham Watkins for Facebook and Instagram; 2021
  • Source code review of Amazon’s and Blizzard’s source code in Western District of Texas actions (1:14-cv-813) of Via Vadis et al. v. Amazon and (1:14-cv-810) of Via Vadis et al. v. Blizzard Entertainment; engaged by Perkins Coie for Amazon and Blizzard; 2021
  • Source code review of Facebook’s and Instagram’s source code and network traffic analysis in Western District of Texas action (6:20-cv-00011) of Voxer and Voxer IP, LLC v. Facebook and Instagram; engaged by Keker, Van Nest and Peters for Facebook and Instagram; 2020
  • Source code review of Facebook’s source code and network traffic analysis inWesternDistrictofTexasaction(6:20-cv-000087)ofMasterObjects v. Facebook; engaged by Latham Watkins for Facebook; 2020
  • Source code review of Microsoft’s source code in Western District of Texas action (6:19-cv-00687) of Exafer v. Microsoft; engaged by Winston & Strawn for Microsoft; 2020
  • Source code review in Middle District of Florida action (8:19-cv-710) of UMG v. Bright House Networks and in District of Colorado action (19-cv-00874) of Warner Records v. Charter Communications; engaged by Winston & Strawn for Bright House Networks and Charter Communications; 2020
  • Source code review of Motorola’s and Hytera’s digital radios in ND of ILL. Case (1:17-cv-01973) of Motorola Solutions v. Hytera Communications; engaged by Steptoe and Johnson for Hytera; 2018-19. Work included analysis of source code related to digital messaging between mobile radios for copyright and trade secret claims.
  • Source code review of Intel’s hardware and software source code in District of Delaware action (1:18-cv-01810) of XMTT, Inc. v. Intel Corporation; engaged by Desmarais IP for Intel; 2020
  • Pre-litigation technical assistance for AirBNB; engaged by Winston & Strawn; 2020
  • Source code review for Samsung’s source code in Eastern District of Texas action (2:19-cv-00372) of SpaceTime3D v. Samsung; engaged by Susman Godfrey for SpaceTime3D; 2019-20
  • Source code review of Comcast’s source code in set-top boxes (Java), server infrastructure (C++), and mobile device software (Java and ObjectiveC) in District of Delaware action (1:19-cv-01031) of NexStep v. Comcast; engaged by Wilmer Hale for Comcast; 2020.
  • Source code review of Motorola’s and Hytera’s digital radios in Federal Court of Australia Case (NSD 1283 of 2017) of Motorola Solutions v. Hytera Communications Corp. Ltd.; engaged by Shelston IP for Hytera; 2019
  • Source code review of Comcast’s source code in set-top boxes (Java) and server infrastructure (C++) and of OpenTV’s (C) code in set-top boxes in the 337-TA- 1041 ITC Investigation; engaged by Keker, Van Nest & Peters for Comcast; 2017
  • Testifying expert for Comcast on technical domestic industry issues related to OpenTV source code (before case settled)
  • Also assisted Comcast with source code collection issues (Git, GitHub, etc.) including identification of, and retrieval of, relevant source code in complex code development environment for production purposes
  • Source code review for mobile device code in District of Delaware actions of ARENDI S.A.R.L. v. LG Electronics et al. (C.A. No. 12-1595), ARENDI S.A.R.L. v. Motorola Mobility (C.A. No. 12-1601), ARENDI S.A.R.L. v. Apple, Inc. (C.A. No. 12-1596), ARENDI S.A.R.L. v. Blackberry (C.A. No. 12-1597), ARENDI S.A.R.L. v. Samsung et al. (C.A. No. 12-1598), ARENDI S.A.R.L. v. Nokia et al. (C.A. No. 12- 1599), ARENDI S.A.R.L. v. HTC et al. (C.A. No. 12-1600), ARENDI S.A.R.L. v. Sony et al. (C.A. No. 12-1602) and ARENDI S.A.R.L. v. Yahoo!/Verizon (C.A. No. 13- 0920); engaged by Susman Godfrey; 2019-20.
  • Source code review of Comcast’s and Rovi’s source code in set-top boxes (Java), server infrastructure (C++), and device provisioning (C++) in 337-TA-1158 ITC investigation and CDCA companion case (2:19-cv-00275) of Rovi v. Comcast; engaged by Davis Polk for Comcast; 2019-20.

Technical analysis in support of IPR filings/responses:

  • Resideo Techs. v. Ubiquitous Connectivity, IPR2019-01335 and -01336; engaged by Heninger, Garrison & Davis for Ubiquitous; 2020.
  • (Confidential parties), IPRs to be filed; engaged by Amster, Rothstein & Ebenstein; 2020
  • Source code review of Uber’s Android/iOS mobile apps and server back-end software in NDCA action (5:16-cv-06050) of X-One v. Uber; engaged by Finnegan Henderson for X-One; 2019. Work included analysis of messaging between server and mobile devices and between servers.
  • Reviewing Uber’s Android and iOS mobile device apps
  • Reviewing Uber’s server-side applications
  • Source code review of Comcast’s source code in District of Colorado case (1:18- CV-01446) of Realtime Adaptive Streaming LLC v. Comcast; engaged by Farella Braun + Martell LLP for Comcast; 2019
  • Source code review of Cisco’s code of Superior Court for the County of Santa Clara, California case (1:13-CV-24792) of LeadFactors v. Cisco; engaged by Winston & Strawn for Cisco; 2019
  • Source code review of Comcast’s source code in Eastern District of Pennsylvania case (2:16-cv-06516) of Promptu Systems Corp. v. Comcast; engaged by Keker, Van Nest & Peters for Comcast; 2019
  • Pre-litigation infringement analysis on microprocessor and analog circuit technology for [CONFIDENTIAL major semiconductor manufacturer]; 2018
  • Invalidity analysis on microprocessor and analog circuit technology in D Del. action for [CONFIDENTIAL major semiconductor manufacturer]; analyzed prior art references related to power management circuits; engaged by [CONFIDENTIAL]; 2018
  • Source code review of SEVEN’s (Java) source code and NVIDIA’s (Android/Java) tablet source code in EDTX action (2:17-CV-00442) of Seven Networks v. Google; engaged by Quinn Emanuel for Google; 2018)
  • Reviewed SEVEN’s code concerning device provisioning and client-server interactions
  • Reviewed NVIDIA’s tablet code concerning power management issues
  • Source code review of Comcast’s source code in set-top boxes (Java), server infrastructure (C++), and device provisioning (C++) and of Rovi/Veveo’s set-top boxes (Java/C) in the 337-TA-1103 ITC Investigation (Rovi/TiVo/Veveo v. Comcast) (engaged by Davis Polk, Latham & Watkins, and Winston & Strawn for Comcast; 2018)
  • Performed similar roles in two companion cases: CDCA (2:18-CV-00253) and D-MA (1:18-CV-10056) (same law firms and parties)
  • Additionally assisted Comcast with source code collection issues (Git, GitHub, etc.) including identification of, and retrieval of, source code in very complex code development environment for purposes of production
  • Invalidity analysis on microprocessor and flash memory technology in NDCA action for [CONFIDENTIAL major semiconductor manufacturer]; analyzed prior art references related to power management circuits and analog circuits; engaged by [CONFIDENTIAL]; 2018
  • Pre-litigation technical analysis for Salesforce; 2018
  • Invalidity analysis for patents involving mobile device technology in EDTX case (6:16-CV-01133) of MacroPoint v. Ruiz Food Products; engaged by MacroPoint; 2018

Pre-litigation technical and legal analysis for HP, Inc.; 2018

  • Source code review of Electronic Arts, TakeTwo, and Activision’s (C++) source code (Grand Theft Auto, Call of Duty, FIFA, NHL games etc.) and Wireshark analysis in D of Delaware case (1:16-cv-00454); engaged by Winston & Strawn for EA/Activision/TakeTwo; 2017-18
  • Reviewed complex networking-related source code related to multi- player interactions for each game (C++)
  • Reviewed patent applicant’s code (C) allegedly practicing the asserted patents
  • Reviewed Microsoft source code (C++) for (prior art) Age of Empires game related to asserted patents and performed Wireshark packet analysis and claim charting on same
  • Source code review of Comcast’s source code in set-top boxes (Java) and server infrastructure (C++) in NDCA (5:16-cv-06180) and EDTX (2:16-cv-01362) companion cases to 337-TA-1041; engaged by Wilmer Hale for Comcast; 2017
  • Source code review of Cisco’s anti-virus products (C and Python), including sandboxing, in NDCA case (4:16-cv-06988) of Vir2us v. Cisco; engaged by Bunsow, DeMory, Smith & Allison for Vir2us; 2017
  • Source code review of Epsilon Data Management’s (Java) source code in EDTX case (2:16-cv-00682) of Umbanet v. Epsilon Data Management; engaged by Spence, P.C. for Umbanet; 2017
  • Source code review of Comcast’s source code in set-top boxes (Java) and server infrastructure (C++) and of Rovi’s (C) source code in set-top boxes for the 337- TA-1001 ITC Investigation (Rovi v. Comcast) (engaged by Winston & Strawn and Davis Polk for Comcast)
  • Also supported similar efforts in two companion cases: SDNY (1:16-cv- 09278) (engaged by Davis Polk for Comcast)
  • Additionally assisted Comcast with source code collection issues (Git, GitHub, etc.) including identification of, and retrieval of, relevant source code in very complex development infrastructure
  • Associate, Winston & Strawn San Francisco (Nov. 2013 June 2016)
  • Represented Ericsson against Apple in ITC Investigation 337-TA-952
    • Primary associate for ’966 Patent (hardware and software aspects of power management and battery technology in Apple iPhones, iPads, Apple Watch, Apple TV, and Macbooks)
      • Extensive source code analysis and schematic analysis related to battery circuits; was hybrid non-testifying expert and attorney
      • Extensive case development and claim charting for infringement and domestic industry
      • Deposed numerous Apple engineers on detailed source code and circuit issues
    • Primary associate for ’059 Patent (hardware and software aspects of touch screen in iPhones and iPads)
      • Analyzed schematics and software source code for numerous iPhone, iPad, iPod, Apple Watch, and Apple TV products; Android phones and Chromebooks for domestic industry purposes
    • Drove all expert report development for ’966 Patent and assisted with same for ’059 Patent
  • 337-TA-909 Investigation (represented Macronix against Spansion)

Primary associate for ’557 Patent (concerning analog charge pump circuits in flash memory); assisted with aspects of the ’360 Patent (VLSI fabrication aspects of flash memory device)

  • Main investigator for analyzing evidence, determining strategy, and drafting positions for infringement, domestic industry, and validity for ’557 Patent
  • Main client, management, and expert witness contact for matters relating to ’557 Patent
  • Worked closely with partner taking expert witness depositions; defended Macronix’s expert witness through deposition and prepared him for testimony at trial
  • 337-TA-893 Investigation (represented Macronix against Spansion)
  • Primary associate for ’416 Patent (VLSI fabrication aspects of flash memory device); analyzed SEM results concerning contact etch profiles for multiple products and prior art
  • Worked closely with testifying expert to establish positions and prepare for depositions and hearing
  • Heavily assisted with all expert report drafts

Associate and Student Associate, Finnegan, Henderson, Farabow, Garrett and Dunner Palo Alto (summer 2008 – Oct. 2013)

  • 337-TA-812 Investigation (represented VIA Technologies against Apple)
    • Primary associate and investigator for ’312 Patent; acted in hybrid non- testifying expert and associate roles
    • Extensively analyzed hardware source code (Verilog) for all aspects of Apple iPhone microprocessors
    • Identified validity positions
    • Drove all expert report drafts
    • Took numerous technical depositions of Apple engineers on aspects of iPhone and microprocessor designs including design lead for next- generation Apple microprocessors
    • Worked closely with testifying expert on strategy, deposition/hearing preparation, and reports
  • 337-TA-753 Investigation (represented RAMBUS against NVIDIA et al.)
    • Hybrid non-testifying expert and associate for ’857 Patent (concerning pre-compensation of analog signals in NVIDIA’s high-speed IO circuits (DDR memory))
    • Reviewed NVIDIA schematics as primary investigator
    • Extensive claim charting and expert report drafting
    • Took several technical depositions of NVIDIA engineers
  • Represented A10 Networks against Brocade in Northern District of CA case 5:10- CV-03428
    • Associate for copyright infringement and trade secret claims on aspects related to source code analysis – comparisons of two code bodies
    • Developed all aspects of technical positions for A10’s copyright and trade secret defenses and assisted testifying expert with preparation of expert report, as well as preparing for deposition and trial testimony
    • Deposed Brocade engineers on technical aspects of the asserted claims
  • Associate on several other litigations or pre-litigation analyses concerning television technology, computer networking, VLSI fabrication

Summer associate and law clerk, Nixon Peabody LLP San Francisco (May 2007 to April 2008)

  • Assisted with trade secret misappropriation litigation, patent prosecution, and patent litigation cases
  • Performed legal and factual analyses; drafted client memoranda
  • Began as summer associate and continued clerking part-time during school year
  • Patent prosecution clerk, Patterson Sheridan Palo Alto (June 2005 to April 2007)
  • Drafted patent applications for NVIDIA from inventor interview through filing in conjunction with reviewing partner
  • As consultant to Patterson Sheridan, I managed my own business as C corporation

Engineering Experience: 14 years in design engineering and design engineering management roles

  • Design lead, design manager and senior design engineer, Sun Microsystems Sunnyvale CA (1998 to 2004)
    • Technical lead and manager on Sun’s next-generation microprocessor design
    • Owned technical definition and execution of one of the most challenging portions of the microprocessor – the Integer Execution Unit
    • Led team of fourteen engineers and three interns from hiring through successful completion of the design
    • Design evangelist for best design practices; cross-site leadership role advocating for design and management methodologies that improved team results
    • Liaison between Bay Area and Boston design centers – coordinating technical and managerial issues at a project level
    • Some software development that supplemented our hardware design capabilities
  • Senior design engineer, Server Products Group, IBM – Austin TX (1995 to 1998)
    • Worked on IBM’s next-generation server microprocessor: Power4. Designed leading-edge arithmetic shifter circuit and other complex designs to meet aggressive design goals. Coached junior designs or technical issues
    • Worked on microprocessor for next-generation Apple Mac in conjunction with Apple and Motorola.
    • Wrote extensive software (Perl, Python, Bash) to support hardware design roles
    • Was awarded six patents on my work at IBM (listed below)
  • Design and development engineer, Intel Folsom CA (1990 to 1995)
    • Chip design of several Flash memory designs. Identified methodological improvements that helped our team design better and faster
    • Performed device-level testing of several Intel integrated circuits; wrote test programs that stimulated the device under test and determined how the device responded
    • Wrote extensive software (Perl, Sed/Awk, Bash) to support hardware design roles
    • Improved manufacturability of several programmable logic devices
    • Personally recognized by Craig Barrett (later Intel CEO) for contributions to Intel

Technical Skills: Knowledgeable about many hardware and software technologies

  • Very knowledgeable about software development languages and frameworks (e.g., Android/iOS, NodeJS, C/C++, Java, shell scripting, Python including Tornado and Django, Perl, Sed/Awk, Fortran, Assembly, BASIC) and hardware development languages (e.g., Verilog and VHDL). Solid understanding of databases and related technologies.
  • Familiar with modern web development expressions (e.g., HTML, CSS, PHP, SQL) and technologies (e.g., software and hardware aspects of web servers including Apache and Nginx; load balancers, proxies, certificates, TCP/IP networking, frameworks such as Django and content management systems such as Drupal; server provisioning (Puppet))
  • Knowledgeable about source code control systems such as Git/GitHub
  • Legal and technical issues surrounding open source software (GPL, etc.)

Volunteering: A Director of a not-for profit in Wisconsin (1999 to present)

  • Our group restored a historically significant building and maintains it as a museum
  • Building is the oldest (1856) extant railroad depot in Wisconsin, which had been on the Trust for Historic Preservation’s list of ten most important and endangered railroad depots in the United States
  • Award-winning restoration completed in September 2004.
  • As a Director (from incorporation to present), I handled special projects (remotely)

Interests and honors: U.S. history; Eagle Scout; Mensa and Triple Nine Society

Disciplines

Technologies

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Industries

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Awards

Six patents issued for microprocessor design innovations

6,233,642 – Method for wiring a 64-bit rotator to maximize performance and minimize area

6,111,434 – Chargeshare protection for domino circuits

5,970,512 – Method for creating a faster lookup in microprocessor translation look-aside buffer (TLB)

5,907,866 – Block Address Translation comparison circuit translator

5,864,571 – Error detection circuit with encoder

5,751,727 – Dynamic latch for use in dynamic memory arrays

Education

JD, Santa Clara University (2009)

  • IP law focus (patents, copyright, trade secrets, rights of publicity, privacy, licensing, and antitrust)
  • Editor-in-Chief of the High Technology Law Journal (4th-ranked IP journal); led team of 40+ through successful year including well-attended patent symposium

Master of Science in Electrical Engineering, Stanford University (1998)

  • Focus on computer architecture and software (four semesters of computer architecture, operating systems, parallel computing, etc.
  • Additional classes on transistor circuits, device physics, and VLSI design

Bachelor of Science in Electrical Engineering, Univ. of Wisconsin Platteville (1990)

  • Coursework in VLSI, transistor circuits, digital signal processing, and software

Publications & Presentations

Lipsum Speaker: Internet Publishing standards (Lipsum conference)
Department of Justice: Proposal for lorum ipsum dolor
Lipsum Magazine – Certified Lorum Ipsum Expert

Professional Organizations

Institute of Lorum Ipsum Dolor (ILID)
Association for Computing Lipsum (ACL)