Construction Defects Consultants: 36

CLM Engineering Associates has the ability to provide a vast array of services to real estate brokers, developers, home purchases/owners. President of the firm, Craig L. Moskowitz, PE, is a Civil Engineer with extensive Construction Management experience on both commercial and residential projects. His firm handles commercial and residential building inspections as it pertains to warranty and pre-purchase inspections as well as to handle specific Structural or Civil Engineering issues related to a property. 

Experience: Mr. Moskowitz has performed safety inspections on both civilian and military projects through the application of OSHA regulations. He has designed drainage systems for the government while an officer with the United States military and done cost estimating for various projects exceeding $500 million. 

Mr. Moskowitz has designed document creation and management of high-rise construction in Manhattan. He has managed telecommunications projects for Verizon in Manhattan including CPM schedule creation and updating and directed and managed all water distribution system and sewer system work while working as a contractor to the New York City Department of Design and Construction. CLM are specialists in the following areas:

• Traditional Commercial and Residential Building Inspections
• Storm Damage Assessment, Analysis and Reporting
• Comprehensive Construction Management
• Cost Estimating for Projects Ranging from $50,000 to in Excess of $1 billion
• Construction Scheduling and Delay Analysis
• Building Code and Drawing Review

View Craig Moskowitz's Expert Witness Profile.

As an arbitrator, structural/civil engineer, and expert forensic consultant with nearly four decades of experience, Casey Hemmatyar has provided extensive expert services for defendants’ and plaintiffs’ attorneys on numerous construction litigation matters throughout the United States and Canada.

He has been retained as an expert engineer in over one hundred litigation matters on single and class-action legal cases by the U.S. government, law firms, and insurance carriers at the State and Federal levels, working with both plaintiff and defendant sides.

A partial list of litigation cases is available upon request. His understanding of core engineering and legal concepts has enabled him to assist a wide range of clientele effectively. He brings diversified experience in structural and civil engineering design and forensic engineering, investigation, and evaluation.

He also conducts research, has assisted in the development of building codes and standards, and has supervised the construction of domestic and international projects. His experience includes special structures and new buildings as well as modifications, alterations, seismic/hurricane retrofits, and upgrades to existing structures. He has provided failure analysis, expert consultation, structural forensic investigation, and damage assessment services for numerous litigation and insurance-related matters.

He actively presents continuing education lectures to audiences of licensed engineers, architects, and general contractors on topics of structural and forensic engineering throughout North America. Mr. Hemmatyar has been the principal structural engineer on high-profile projects for prestigious clients, including NASA and other notable organizations.  Currently, he directs PSFEG and has served as Director for SEAOSC from 2011 to 2013.

His work encompasses a diverse range of structures, including hospitals,  educational institutions (including schools and universities), telecommunication centers, aviation facilities, government buildings, laboratories, as well as commercial, industrial, and residential structures.

Mike Panish is one of the most frequently retained consultants for all construction related services and trades with specialties in Doors, Door Hardware, Security, Automatic Doors, Cabinetry & Architectural Millwork. Mike is often used in the early stages of a lawsuit or claim, or prior to a law firm’s acceptance of a case to analyze the information provided by a prospective client. He is frequently called upon by insurance companies to evaluate a claim because of his knowledge and highly diverse background. He has been a retained expert witness in over 2000 legal cases since the year 2000, and regularly consults on issues that are not involved in legal disputes.

Mike Panish is referred by attorneys that have worked with him or have been on the opposing sides to help resolve a potential claim or legal dispute prior to filing an action. Contractor fraud, dispute resolution for homeowners/contractors. Licensed in CA as a General Building Contractor, Electrical Contractor, Door, Lock & Security Equipment Contractor, Cabinet & Millwork Contractor, and Painting & Finish Specialties Contractor. 40+ years hands-on experience in all construction trades with over 2000 cases since the year 2000. Local to CA & New England. Nationwide Inspection & Testimony, all states and internationally. 

Areas of Expertise:

• Automatic Door Personal Injury, Wrongful Death Cases
• Door and Door Hardware Personal Injury, Wrongful Death, Defects Cases
• Cabinetry, Architectural Millwork, Furniture Personal injury, Defects Cases
• Slip, Trip, Fall / Railings / ADA Personal Injury Cases
• General Construction (all trades) Defects Cases, Personal Injury Cases, Wrongful Death
• Premises Liability, Premises Security for Criminal Cases, Elder Abuse Cases, Wrongful Death
• Building Inspections (all types), Site Evaluation, Product Evaluation, Defect Analysis, Poor Workmanship, Costs & Estimates, Plans Analysis, Proper Installation, Claim Analysis

View Michael Panish's Expert Witness Profile.

MCS Associates is a nationally recognized consulting group that has provided financial, operations and regulatory/compliance consulting services nationwide to financial institutions, insurance companies and regulatory agencies as well as real estate and financial services organizations for over 40 years. Expert Witness and Litigation Consulting are a primary focus of our services. We undertake expert witness assignments throughout the United States and our clients include several hundred leading law firms around the country, working on behalf of both plaintiff and defendant financial institutions, borrowers, depositors, investors, developers, insurance companies and their insured, securities/insurance/real estate brokers/agents, regulators and government agencies, and individuals. 

Together with MCS Associates’ specialized resources in banking, financial services and real estate, we also draw on key strategic alliances in insurance, economics, academia and the securities industry to meet a wide range of expert witness needs. Our litigation experts include experienced bankers, lenders, consultants, regulators, managers, brokers & agents in insurance, real estate, and securities; insurance claims and underwriting managers; economists, accountants, appraisers, real estate analysts, and academics. 

Areas of Expertise Include:

• Banking Operations/Administration
• Check Fraud
• Lending Policies, Custom and Practice
• Loan Underwriting & Credit Administration
• Loan Securitizations & Servicing
• Bankruptcy, Foreclosures and Workouts
• Trust & Fiduciary Issues / Operations
• Securities Brokerage & Investments
• Valuations & Damages Analysis
• Forensic Accounting
• Employment / Compensation
• Real Estate Brokerage & Management
• Title Insurance & Escrow
• Real Estate Appraisal & Transactions
• Insurance Industry Custom & Practice
• Insurance Coverages / Claims Handling
• Insurance Bad Faith

Timothy M. Barrett, RCI, RRC,  CSI, CDT, GRP, has 60 years of experience as a Roofing Contractor, Educator, Manufacturer, and Consultant in the Roofing and Waterproofing Industry. Notable projects have included the White House, Lincoln Memorial, Jefferson Memorial, Gold Bullion Vault at Ft. Knox, Soldier Field, Paris Casino, Bethesda Naval Hospital, Dept. of Interior Headquarters, Transbay Transit Center, and thousands of others.

In addition to standard roofing and waterproofing, Mr. Barrett Designs and Builds Green Vegetated Roofs which can provide incredible contributions to the environment. Having chaired the RCI Greenroof educational program development I and II Committees, and having delivered the program a number of times in the Midwest, the South, the West Coast, the East Coast, and Canada, he is current on the science and the state of the art.

Litigation Support: Mr. Barrett has over 45 years of experience consulting and testifying as a Roofing and Waterproofing Expert. He is very experienced with Forensic Investigations for Thermal and Moisture Protection Systems on commercial, institutional, and industrial waterproofing and roofing projects. Mr. Barrett's services include thorough forensic reporting, depositions, and trial testimony as needed.

Areas of Expertise:

Roofing Waterproofing Insulation Roofing Forensic Investigations Roofing Failure analysis Roofing Material Science Leak Tracing

Adequacy of Roofing Design Green Vegetated Roofs Plaza Deck / Parking Deck Construction Flat Roofs Metal Roofs Workmanship Standards and Materials Roofing / Waterproofing Project Evaluation

Certifications and Affiliations: Registered Roof Consultant (RRC); Roof Consultants Institute (RCI); Construction Document Technologist (CDT); Construction Specifications Institute (CSI); Green Roofing Professional (GRP); Green Roofs for Healthy Cities (GRHC)

BTI Appraisal is a broad-based appraisal company which provides a consistently high level of Real Estate Appraisals, Business Valuations, and Machinery and Equipment Appraisals for Business, Professional, Public and Private Sectors. When you choose BTI Appraisal, you benefit from a strong tradition of experience and accuracy. 

A corporate philosophy stressing efficiency and attentive service has made BTI a leader among independent appraisers. They are proud of our reputation for stability, responsiveness, and accomplishment in and out of the courtroom. At BTI, their seasoned staff of success-oriented professionals treats each assignment with precise attention to detail, providing needed research and responsive service on a wide range of appraisal needs.

Appraisal Services:

• Real Estate:  Valuation, Research, and  Technical Capabilities from homes to high rise office buildings of all sizes and in most locations. BTI can determine value for either “as is” or “as proposed” construction as well as Market Analysis and Feasibility Studies, Construction Defects, Lost Profits Analysis, Property Tax Reductions, Lack of Disclosure or Misrepresentation
• Personal Property: Residential Contents, Automobiles, Works of Art or Collectibles, Private Planes, Yachts, Inventory for Insurance Coverage, Loans, Sales, Donations, and Litigation Purposes
• Business Valuation: BTI is often called upon to appraise business entities for a variety of purposes Bankruptcy, Eminent Domain, Estate Planning, Dispute Resolution, Loan Support, Marital or Corporate Dissolutions, Mergers, Purchase or Sale
• Machinery and Equipment: BTI's diverse experience in appraising all types of machinery and equipment extends to leasehold improvements, furniture, fixtures and other tangible assets, and a wide range of specialized machinery and equipment including Lasers, Food Processing & Packaging Assembly lines, Cranes, Medical Equipment, Agricultural Equipment, Photography Equipment, Telecommunications Equipment
• Financial Analysis: Sales, profits and expenses often need to be projected, or analyzed, based on external events that trigger losses or gains. BTI regularly performs this type of work for a wide variety of business types.They also analyze contract disputes that financially impact the parties.Commercial creditors even use BTI’s services to analyze and value accounts receivable and related assets that secure their loans to operating businesses.

BTI’s Founder and Chairman, Ben F. Tunnell III, has headed the firm since 1974. Previously, he spent eight years with First Interstate Bank of California as vice president at their corporate headquarters in Los Angeles. He served on the board of arbitrators for both the American Arbitration Association and the Better Business Bureau. He has also been a Registered Investment Advisor and Broker/Dealer with the Securities and Exchange Commission and a licensed, California Real Estate Broker. Mr. Tunnell is an ASA, the senior designation of the American Society of Appraisers, and a California Certified General Real Estate Appraiser #AG-6964. 

View Ben Tunnell's Expert Witness Profile.

Burtness Engineering Services, is a multi-disciplined consulting engineering firm serving municipal, institutional, industrial, and commercial end user clients, civil engineering firms, and landscape architectural firms with MEP services for the construction industry. They specialize in Street and Area Lighting Design, Electrical Engineering, and Forensic Engineering services.

Consulting Services Include:

• Illumination Engineering for Roadway, Street, and Area Lighting
• Electrical Engineering (Through 15kv)
• Monitoring and Control Systems for Street and Area Lighting
• Full Range of MEP Services
• Industrial Instrumentation and Control Systems
• Stakeholder Based Collaborative Design Philosophy
• Focusing on the Marriage of the Art of Aesthetic Design and the Science of Technical Engineering
• Serving as a Prime or a Sub Consultant
• Forensic Consulting and Expert Witness Services

Principal, Thomas H. Burtness, PE, is an Electrical Engineer specializing in both Electrical and Building Construction - equipment selection, specification, and installation (actually “working with the tools”), as well as cost control techniques.

Background - Mr. Burtness has 40+ years of experience in the design, specification, construction contract administration, installation, startup, and troubleshooting of electrical power, on-site generation, distribution, control, and instrumentation systems and equipment for residential, commercial, industrial, and municipal occupancies. His experience also includes water, wastewater, and stormwater treatment plants, and military facilities.

Additional expertise includes Illumination Engineering for street, roadway, and area lighting including photometric footcandle requirements, calculations, field verification, equipment specifications, installation, and analysis of failure, glare, overlighting and underlighting.

Thomas Burtness has written numerous in-depth reports, including municipal master planning documents, as well as operation, maintenance, and testing manuals. He also has extensive experience in public speaking and teaching.

View Thomas Burtness' Expert Witness Profile.

Complete General Contractors, Inc., is a licensed General Contracting Construction Firm working throughout the Southeast for insurance companies, property owners, property managers, attorneys, and municipalities. They specialize in the cost estimation and causation of large loss complex property claims. Services Include:

• Appraisal and Mediation Services - Fire, wind, flood, storm, hail, and water losses to residential, commercial, or industrial properties
• General Contracting Services - Restoration or general construction, commercial construction, or industrial construction projects all over the United States. Manage vendors and trades, handle project documents, and serve as an authority for project information to all parties throughout the construction process

John G. Minor, President of Complete General Contractors, is a third-generation Contractor and licensed instructor certified by the North Carolina Department of Insurance. He is a recognized expert on the costs and applications necessary to repair buildings damaged by manufacturer, builder liability, water damage or intrusion, mold, or asbestos. Mr. Minor has provided for the successful restoration of millions of dollars in insurance restoration, building failures, and difficult repairs originating from defective construction practices and materials such as fire, wind, water, mold and mildew. His services were in demand for restoration on custom buildings on Bald Head Island. In addition to managing the business of Complete, Inc., John Minor teaches classes on mold and mildew remediation and prevention through proper building practices to a variety of clients thru Lorman Educational Services and other professional trainers. View John Minor's Expert Witness Profile.

Construction Strategies provides a complete range of Construction and Construction Consulting services. They offer pre-construction services for owners considering future projects who need assistance in evaluating the feasibility and conceptual costs. Construction Strategies also offers post construction services for owners who are facing close out problems including conflict resolution, mediation assistance, close out service completion, punch lists, and warranty assistance.

Pre-Construction Services Value Engineering Analysis Constructability Reviews Design Team Management Scope Package Development Estimate Evaluations Bid Evaluations & Recommendations Contract Negotiation Support Program Procedures Scheduling Development or Analysis

Post-Construction Services Change Order Negotiation Contract Administration Dispute Resolution Management Information System Document Control Systems Post Completion Analysis Quality Control Inspections Code Compliance Inspections Close Out Evaluation

Principal, Sanford C. Loy , CCM, B.Arch, MSCE, has over 40 years of experience in the Construction Industry. Mr. Loy has Degrees in Architecture and Engineering. A Certified Construction Manager (CCM), he is committed to the Code of Ethics and Standards of Professional Practice established by the Construction Management Association of America. CCM is the ANSI accredited professional designation for construction management and is the gold standard for CM service providers in over 145 countries.

Background Experience - Mr. Loy's experience spans virtually every type of building and design process. His strength centers on his understanding of the dynamics and interactions of the various trades and professions unique to every building project. He has experience with Construction Management at Risk, Construction Management Agency, Design-build, and Design-bid-build. Having successfully managed the completion of over one billion dollars of construction, Mr. Loy served as a Regional Engineer for the American Institute of Steel Construction and as Director of Construction and Development for Belz Enterprises, the largest development company in Tennessee, before founding Construction Strategies in 1988.

See more at our website: https://www.construction-strategies.com

View Sanford Loy's Expert Witness Profile.

DM Bekus Construction is a New Jersey Home Design, Construction, and Remodeling Contractor. For over 30 years they've been helping homeowners throughout the area improve properties and build homes. DM Bekus Construction delivers high quality, reliable construction services that help homeowners get more pleasure and enjoyment from their homes and buildings.

Services Include:

New Home Construction Interior Remodeling Exterior Remodeling

Construction Project Management Homeowner Association Construction Expert Witness Services

Principal, David M. Bekus has over 35 years in the Construction Industry specializing in home design, construction, and remodeling. He offers services to homeowner associations, housing communities, townhome complexes, property managers, and individuals.

Mr. Bekus is licensed by the State of New Jersey as a building inspector (RCS, ICS, and HHS), a licensed home remodeler, and a licensed new home builder. He is also certified in Project Management, Cost Estimating, Construction Methods, Construction Site Safety, and is a EPA Lead Safe Certified Contractor.

Mr. Bekus has been a project manager, overseeing all aspects of construction from conception and approvals to final sales for single homes and developments. He has designed and built over 100 custom homes.

View David Bekus' Expert Witness Profile.

Dmorris.consulting Freelance Consulting provides Corporate services to the Construction industry. Principal, David Morris, has over 30 years of deep understanding and hands on experience of Construction and Construction Processes that give him a unique perspective in the industry.

Select Background Experience:

• Prior to founding DMorris.consulting, Mr. Morris served as Director of Virtual Construction for EMCOR Construction Services from 2008-2016. In this role, he directed the virtual construction activities and operations of 82 EMCOR companies. His scope of work included drafting contract language for BIM and pre-construction, setting up new projects in lean and BIM delivery methods, and reviewing new construction technologies among other duties.
• From 2001-2008, Mr. Morris worked with University Mechanical and Engineering Contractors as Director of Virtual Construction. He was responsible for estimating Plumbing, HVAC Piping and Process Piping for numerous research laboratories and healthcare facilities valued at over 100mm + each. He also delivered conceptual estimates for numerous Biotech, Power, and Co-Generation plants.
• Select Project Participation: San Joaquin County Hospital, City of Gilroy Waste Water Reclamation Plant, Shafter Prison, Vandenberg Air Force Base HVAC Replacement, Space Shuttle Launch Complex Project, Tehachapi State Prison Level-4 High Security Prison Housing, Cal Poly San Luis Obispo Co-Gen Facility, Kern Medical Center New Hospital Wing Expansion, Anheuser Busch Yeast Plant Expansion, and multiple Piping, Petrochemical, Hospital, and School projects.

Business Consulting Services:

Process Transformation Estimating Standard Operating Procedures (SOPs) Recruitment Qualification Assistance Job Descriptions

BIM Processes Initial Design, Construction, Operations, Maintenance Project Recovery Assistance Creation and Implementation of “Best Practices” Mechanical, Electrical, Plumbing Coordination (MEP)

*This Mechanical, Electrical, Plumbing, and Fire Protection Systems (MEP) Spatial Coordination Requirements for Construction Installation Models and Deliverables is a derivative work of a best practice guideline written by David Morris in 2003 and modified for the AGC BIMForum in 2009. It is the result of capturing ten years of practical methods on real world construction projects and reflects continual feedback and improvement gained from that process.

View David Morris' Expert Witness Profile.

Kenneth D. Martin has over 40 years of experience specializing in Doors, Gates, and Docks. His background includes a wealth of knowledge in door manufacturing, product design, product safety, installation, and repair. Litigation Support - Ken is uniquely qualified to assist attorneys, insurance organizations, and investigators across the nation. He offers services to both plaintiff and defense, claimant and respondent, with experience in both state and federal cases, civil, and criminal, including litigation, arbitration, mediation, and settlement.

Mr. Martin's expert witness services include expert testimony on any door or gate-related matter, expert reports and affidavits, depositions, and trial testimony as needed. He is a Licensed Door & Gate Contractor in 3 states, including Utah (current- Door & Gate), Nevada (current- Door & Gate), Arizona (current- Door).  Ken is also accredited by the Institute for Door Education & Accreditation (www.dooreducation.com).  

Areas of Expertise:

• Commercial Doors
• Residential & Commercial Garage Doors
• Automatic Sliding Doors
• Automatic Gates
• Causal and Failure Analysis
• Falling Doors, Broken Doors
• Electric Operators / Entrapment Protection Devices
• Controls, Wirings, Unexpected Operation
• Torsion Springs Failures (cables, and brackets included)
• Pinch Points and Sharp Edges (amputations, avulsions, etc.)
• Do-It-Yourself Repairs Gone Wrong
• "Beat the Door" and "Riding the Door" Accidents
• Engineering / Design Errors and Omissions
• Door / Gate Accident Reconstruction
• Construction Defects and Product Defects
• Assistance with Determination of Shared Liability
• Analysis of Failures and Injuries
• Economic Damages Analysis

Envista Forensics is a global leader in Forensic Engineering & Recovery Solutions. They provide Cause & Origin, Failure Analysis, Fire and Explosion Investigations, Accident Reconstruction, Damage Evaluations and Equipment Restoration Services following disasters of all kinds. Envista has offered Consulting Services to the insurance, legal and risk management industries, as well as businesses, public entities, and universities for over 25 years. Their Experts travel globally from 30 offices located across the U.S., Canada, Mexico, the U.K., Australia and Singapore.

Insurance Industry / Claims Professionals - Envista understands the need to save money and expedite the claim, to serve the insured and reduce uncertainty. They offer a menu of services that address insurers’ needs for timely, reliable information, as well as their need to satisfy the policyholders. Envista's insurance clients include Property Adjusters, Casualty and Liability Adjusters and Examiners, Boiler & Machinery Specialists, Inland and Ocean Marine Surveyors, Subrogation and Recovery Professionals, SIU (Special Investigation Units), Forensic Accountants, and Lloyd's & London Market.

Businesses - Envista understands that buildings, equipment, data and other assets are critical to the profitable operation of any business. They are proud to offer a variety of services that help businesses protect themselves when they need it most. Envista offers specialized expertise with all types of business, especially Manufacturers, Technology Companies, Food Processing, Hospitals, Medical / Dental Care, Laboratories, R&D (Research & Design), Schools and Universities, Law, Accounting, and other Professional Service Firms, Banking, Securities, Financial, Energy, Transportation, Retail, and Broadcast and Entertainment.

Universities & Public Entities - Risk Managers and Business Officers responsible for the operations of colleges, universities, local government and other entities have the challenging role of working to prevent financial exposure following disasters involving business-critical equipment, buildings/structures, data/networks, as well as safety. Envista engineers and technicians have over a quarter century’s worth of experience providing forensic consulting for college risk professionals, as well as the insurance carriers and legal professionals who serve them.

Consulting Services:

• Equipment Damage Assessments
• Forensic Engineering / Causation Analysis
• Building & Structure Damage Assessments
• Equipment Restoration & Preservation
• Evaluation of Repair and Replacement
• Project Management of Repair and Recovery Efforts Options
• Data Recovery
• Computer Forensics
• Forensic Video Services
• Cyber Incident Analysis

View Envista's Expert Witness Profile.

Roger W. Griffith, PE, has over 37 years of professional experience as a Mechanical Engineer in the design, maintenance, and operation of mechanical systems. He specializes in the areas of Plumbing, HVAC, and Fire Sprinkler Systems Design.

Background - As the principal of Griffith Engineering & Consulting for 23 years, his design experience with commercial and industrial projects include convention centers, schools, office buildings, condominiums, apartment buildings, hotels, churches, manufacturing facilities, medical buildings, restaurants, historic buildings, dormitories, fire halls, and maintenance facilities. Prior to that, Mr. Griffith worked at the Tennessee Valley Authority (TVA) as a mechanical engineer for 14 years. 

His roles at TVA included nuclear piping analyst, valve and heat exchanger specialist, maintenance engineer, and later maintenance supervisor at a fossil plant, and quality manager. His engineering roles included failure analysis of plant equipment. He also taught many courses on the subject of problem-solving and failure analysis for company employees.

Consulting Services:

HVAC Design Plumbing Design Hot Water Systems Design

Legionella Outbreaks HVAC Design Carbon Monoxide Poisoning Sprinkler System Design

View Roger W. Griffith's Expert Witness Profile.

Dr. Fari Barzegar is a Licensed Engineer with 37 years of experience in Civil and Structural Engineering & Construction Forensics, Construction Project Management, university teaching/research. He has been an Expert Consultant / Witness in over 100-cases.

Litigation Consulting Expert Witness with testimony and trial experience. Has been retained by insurance companies, law firms, construction, energy, mining, technology & manufacturing industries, governmental & educational institutions, engineering and architectural firms, property owners and individuals. Consultant in both plaintiff and defendant cases.

• Insurance Claims, Peer Reviews
• Buildings, Structures & Materials: Residential, Commercial, Institutional, Historic Structures; Bridges, Towers, Stacks/Chimneys, Containment Vessels, Tanks, Grain Silos, Conduits & Pipelines, Retaining Walls, Foundations, Slabs & Pavements; Concrete, Steel, FRP Composites, Wood, CMU, Brick Masonry & Adobe
• Design / Construction / Integrity issues, Seismic Resistant Design; Errors & Omissions;Standards of Care; Repair & Retrofit Design Documents
• Construction Defects & Accidents; Defective Concrete; OSHA Standards, Excavations / Trenching / Scaffolds
• Slip/Trip/Fall, Code Compliance
• Damage & Failure Investigation; Due Diligence; Non-Destructive Testing 
• Explosion, Impact, Earthquake, Wind, Fire, Hurricane & Flood Damage Inspections / Analysis/Report
• Pile Driving & Demolition Damage to Adjacent Facilities: Vibrations, Cracking / Settlement
• Dynamic, Fracture, Thermal & Finite Element Stress Analysis; Product Design; Failure Simulation / Reconstruction
• Intellectual Property & Patent Infringement