Servicemarks Expert Witnesses: 8

Michael Nranian, JD, MBA, MS has over 30 years experience focusing in Product Development, Intellectual Property, Patent Litigation, Legal and Technical Compliance, and Product Liability Litigation. He is a licensed attorney in Michigan, Texas, & the United States Patent and Trademark Office. Mr. Nranian is a Six Sigma Black Belt, Professional Engineer, & Certified Project Management Professional. He has an in-depth background and education in Law, IP, Electrical, Chemical & Computer Engineering, & Business. He has testified extensively as an expert witness in depositions, hearings, and trials in state & federal courts.

Mr. Nranian conducts Product and Technology Analysis, Patentability & Prior Art Research,and provides Technology & Litigation Support for Intellectual Property. His litigation background includes patent infringement / non-infringement under literal infringement and the doctrine of equivalents, patent validity / invalidity, prior art, & file-wrapper estoppel, for both ITC and Federal cases, including Inter Partes reviews. He conducts analysis of patents and products, prepares claim charts, & expert witness reports. This includes testimony and document preparation for cases before state, and federal court jurisdictions, and the International Trade Commission and the Patent Trial and Appeal Board.

Mr. Nranian is thoroughly familiar with all 101, 102, 103, 112, and other enablement and prior art arguments. His experience includes Technology Standards Boards and Licensing Authorities, Antitrust / DOJ, Technology Development and Transfer, Patents, Trademarks, Trade Secrets, and Copyrights, Licensing, Unfair Competition/Trade, False/Deceptive Advertising, & Lanham Act Actions, & Class Actions.

His Product Liability Expert Witness litigation background includes all types of Safety Systems, Electrical Systems, Fires, Accident Reconstruction, and Evaluation of Alternative Designs for Automotive, Medical and other industries. He has over 29 years of experience in Automotive Safety Systems, Sensors, Seatbelts, Airbags / Curtains, Seats, Diagnostic Systems, Crash Recorders, Crash Pulse Analysis, System Diagnostic, Fault Codes, Structure (including roof-crush and door) and front, side & roll-over systems (including sensing and algorithm development) for domestic and international corporations. He is thoroughly familiar with all regulatory (including FMVSS), and corporate due-care requirements, & preemption arguments, occupant kinematics, & injury causation.

Rob Wallace has unique expertise in Trademark, Trade Dress, Copyright, Brand Identity and Package Design Infringement. For 35+ years, Rob ran one of the nation's top Brand Identity Strategy and Package Design Resources providing global branding expertise to Fortune 500 companies in virtually all CPG categories. His clients include P&G, Nestle, Pepsico, Unilever, Kraft, Colgate, The Home Depot, Brown-Foreman, Novartis, J&J and more than 50 market leading companies. Manhattan-based, Rob has been an expert witness for important litigation involving:

• Likelihood of Consumer Confusion
• Secondary Meaning
• Brand Valuation & Dilution
• Package Graphic/Structural Design
• Product Design
• Branding Industry Best Practices
• False/ Deceptive Advertising
• Corrective Advertising
• and all brand related issues.

Rob has commissioned literally hundreds of consumer surveys and is uniquely qualified to determine the results of all research. He has worked for attorneys on both the plaintiff and defense sides of his cases. He is effective and efficient with the average project report requiring between 10 and 12 hours.

Dr. Larry Chiagouris has a rare combination serving as a senior Fortune 500 executive and as an accomplished academician. He has provided expert testimony and written opinions on damages, marketing, advertising, intellectual property issues (including the use of survey research) for plaintiffs & defendants at major national & local firms.

Dr. Chiagouris  brings extensive experience as a Senior Marketing, Branding and Research Executive responsible for directing major assignments for companies such as AT&T, Campbell Soup, Kraft, Miller Brewing, Peugeot, Pfizer, Prudential and Visa. He has a Ph.D. in Marketing, is Past Chairman, Advertising Research Foundation and Former Director of the American Marketing Association.

Experience Summary:

• Experience evenly divided between plaintiff and defendant engagements over 100 cases
• Several cases include elements of intellectual property issues
• Majority of cases involve elements of consumer behavior or survey research
• Majority of cases involve elements of advertising related strategies and tactics
• Majority of cases involve elements of Internet related tactics
• Majority of cases involve written opinions and depositions
• Written and oral testimony in several Federal District Court jurisdictions
• Engaged by both large multinational law firms and small boutique firms
• Class action cases evenly divided between plaintiffs and defendants
• Selected by Agency Magazine as one of 10 best and brightest researchers.

Eric Forister, PhD, is an expert Economist with testifying experience on market definition, market power, and damages. His expertise includes applying advanced statistical techniques to datasets, synthesizing information from documents, and designing and evaluating surveys. A Senior Economist at Econ One, he focuses on relevant questions to tackle complex issues with an efficient and effective style of communication. Dr. Forister also has extensive experience consulting on issues including royalty rates, irreparable harm, sampling, survey design, common impact, and materiality.

Ideal Client Engagement: For litigation-related matters, an ideal engagement would be providing an opinion on economics, damages, market power, or market definition; or providing pre-litigation advice on the economics of potential claims, or the merits of a survey. For non-litigation matters, an ideal engagement would be helping to explain the economics of different business models or consulting to those considering buying or starting an optometry office.

Experience: Dr. Forister has acted in a support/consulting role on over 100 matters. His support work has been a mix of plaintiff and defense work. Dr. Forister has designed and evaluated surveys for IP and marketing cases and worked on a wide range of other matters, including:

• Antitrust - price fixing, exclusionary conduct, monopsony, unfair competition, Robinson-Patman
• Intellectual Property - SEP, FRAND, patents, trademark, irreparable harm
• Marketing - false advertising, product labeling
• General Damages - breach of contract, bankruptcy

Education/Training:

• PhD in Business Administration (Field: Economics), Stanford Graduate School of Business
• BS in Mathematics / Economics, University of California at Los Angeles, magna cum laude

View Dr. Forister's Consulting Profile.

Nevium's experts are trial-tested IP custom & practice damages experts who take a hands-on approach with all their IP litigation assignments. Whether you are in need of an expert to calculate economic damages as lost profits / unjust enrichment, give an opinion on specific business clauses in a license agreement or to leverage Internet and Social Media analytics to prove or disapprove infringement, Nevium has the experience and expertise.

Litigation Support:Nevium works closely with C-Level executives, in-house and outside counsel to implement the best possible business strategy that intertwines with the legal strategy. Nevium is part of the team early on in the litigation process assisting with discovery requests and deposition questions. Nevium’s experience and expertise allows the managing attorney to focus on the legal issues knowing that Nevium is proactively taking care of the business side of the case. As experienced Intellectual Property Consultants, they have real-word, hands on IP management, monetization and valuation experience that plays out well in front of a judge and jury. Nevium professionals provide IP expert witness testimony related to economic damages in a range of lost profits, unjust enrichment, relief from royalty, reasonable royalty, relief from pay per click, corrective advertising and IP valuation. They author reports and provide testimony for federal and state court claims, arbitration, and mediation related to false endorsement, defamation, infringement and unfair competition.

Litigation Expertise

Trademark Damages Copyright Damages Patent Damages

Publicity Rights Damages Defamation Damages Internet and Social Media Damages

Areas of Analyses Expertise

Lost Profits Relief from Royalty Reasonable Royalty

Unjust Enrichment Relief from Pay Per Click Corrective Advertising

Past Law Firm Clients

Akin Gump Strauss Hauer & Feld Gordon & Rees Higgs Fletcher & Mack Latham & Watkins Pillsbury Winthrop Shaw Pittman

Dorsey & Whitney Greenberg Traurig Husch Blackwell McGuireWoods Winston & Strawn

Doug Bania, CLP, Founding Principal
Doug Bania is a founding principal of Nevium Intellectual Property Consultants.  Nevium is an intellectual property consulting firm specializing in developing IP strategies, IP valuation and monetization of IP as well as providing expert testimony related to IP damages and licensing customs and practices. He has been the named expert for over 75 cases, deposed 20 times, and has provided trial testimony 5 times.

Mr. Bania is a Certified Licensing Professional (CLP), a Google Analytics Certified Individual (GAIQ), and is a past committee member (2016 - 2019) for the International Trademark Association (INTA) Internet Committee and the ICANN Compliance and Domain Name Industry Subcommittee, a current member of the INTA Right of Publicity Committee and the American Bar Association (ABA), Copyright & Social Media Committee.

Mr. Bania specializes in analyses for copyright, trade dress, trade secrets and trademark infringement, publicity rights, social media and Internet infringement, defamation, marketing strategy analyses, royalty rate determinations and other intangible assets. Mr. Bania also provides valuation and monetization strategies for trademarks, trade secrets, publicity rights, domain names, Internet and social media assets, brands, copyrights and other intangible assets for financial reporting, bankruptcy and transactional due diligence.

San Diego Office 415 Laurel Street, Suite 341 San Diego, CA 92101 Telephone: 858-255-4361 Email: info@nevium.com

Los Angeles Office 9107 Wilshire Blvd., Suite 450 Beverly Hills, CA 90210 Telephone: 310-975-3145 Email: info@nevium.com

View Nevium's Consulting Profile.

Attorney, Antonio R. Sarabia II, has 30 years of experience in Consumer Licensing matters (revenue, standards, performance, and breaches), Trademarks, Copyrights, and issues occurring in the Apparel Industry. 

Background Experience - Mr. Sarabia is intimately familiar with the business problems and legal issues fashion companies may face. At the beginning of his apparel industry experience, Mr. Sarabia spent nine years as part of the senior management of Guess?, whose sales grew 400% during a single year. Over the course of his time there, the company transformed from a fad into a mainstay fashion company. Since leaving Guess?, Mr. Sarabia has advised various other apparel companies, from publicly-held companies to fast-growing companies like Earl Jean, to smaller start-up companies. .

Litigation Support - Mr. Sarabia is available to serve as an expert witness, whether through testifying, identifying important or relevant issues, or suggesting discovery in his areas of expertise. His services are available to attorneys for plaintiff and defendant.

Areas of Expertise:

• Licensing: revenue projections, forecasts, standards, performance, breach, selection of licensees, damages
• Intellectual Property: analysis, due diligence, investigations;
• Copyrights:  substantial similarity, originality
• Trademarks: secondary meaning, infringement, dilution, searches, investigations, due diligence, theft, trade dress, counterfeiting, rebuttal on damages
• Apparel Business: contracts, manufacturing (local, abroad), import, export, sales, distribution, apparel copyrights, substantial similarity of apparel lines, theft and protection of designs, rebuttal on damages
• Design Patents: defenses based on lack on originality, identify and analyze obviousness and prior art
• Attorney Malpractice: standards of practice for apparel business lawyers, intellectual property lawyers, and licensing lawyers

CPA, CFE, CPEA, CFF with 35 years of experience as a financial damages, accounting, royalties, licensing, valuation expert.  Calculations in general damages, intellectual property (copyright infringement, trademark infringement, patent infringement, DMCA, trade secrets), breach of contract, reasonable royalties, wrongful termination, personal injury, consumer product liability & royalty audits.  2017 California CPA of the Year & 2012 Certified Fraud Examiner of the Year. 

Expert in unjust enrichment & lost profits. Sample Industries: pharmaceuticals, medical devices, music, film, construction, machinery, security, toys, software, hardware, media, entertainment, energy, security, personal injury, partnerships, apparel & consumer products. Real world experience as Chief Audit Officer of Beats, KPMG Partner, and at Occidental Petroleum, Unocal, and Disney. While at Ernst & Young and KPMG, led national fraud and royalty auditing. Vice Chair ('16-'17) Board of Regents of the 80,000+ member Association of Certified Fraud Examiners. More than 3,000 forensic accounting contract investigations. 

Mr. Blum has extensive experience working on economic damages in both simple and multi-billion dollar complex litigations. With over 150 matters as an expert witness, his damage calculations have consistently been accepted in court, even in cases involving settlements up to $1 billion. His reports have been recognized as best examples by judges for their thoroughness and clarity. Mr. Blum has represented a broad range of clients, including leading law firms and major corporations across various industries. 

Clients: Microsoft, Dolby, Sony, Paramount Pictures, Mattel, Warner Bros., McDonald’s, Shark Tank, WWE, Steven Spielberg, Tom Hanks, Amgen, GM, Sears, IGT, IMG, Tessera, Philips, Diageo, Harley-Davidson, DKNY, Chrysler, Ross, UMB Bank, Bank of America, Everlast, Fate Thera., Medtronic.

Areas of Expertise:

Complex Financial Litigation Patents Copyrights Trademarks False Advertising Malpractice Royalty Auditor Competence Royalty Disputes Wrongful Termination Construction Defect Film Distribution

Unfair Competition Oil & Gas Pipelines Personal Injury Product Liability Breach of Contract Business Interruption Class Action Lanham Act Trusts & Estates USITC DMCA

View Sidney Blum's Consulting Profile.

William (Ned) McLeod, Esq., has been a party to many Licensing Arrangements as an attorney specializing in Intellectual Property in the Entertainment Industry (“IP”), both on the licensor and the licensee side of the table, from hard media historical archives to blockchain, and, as a non-attorney producer, both as owner / licensor and, alternately, as user / licensee.

For more than 30 years, Mr. McLeod has personally negotiated hundreds of licenses, and reviewed and evaluated hundreds more. He has studied or taught over 400 hours of Continuing Legal education courses, from historical copyright status analysis to blockchain mechanisms, dissecting project content as different as movie scripts and royalty contracts. Mr. McLeod has designed a college course curriculum for international university students entering the resort and theme park entertainment fields. His handling of licenses have covered a broad scope of venues and clientele, including:

The Rockefeller Center (NYC), the Chicago Museum of Science and Industry and The Navy Pier (IL), the Fort Worth Museum of Science and History (with 8 associated museums), Graceland (TN), Niagara Falls (NY), The Smithsonian, the Kennedy Space Center (FL), Port of Los Angeles (CA), National Harbor (DC), Leadership Conference of Women Religious (“Catholic Sisters,” MD), the Tupperware Center (FL), Gatorland (FL), the Orlando Ballet (FL), Bob Ross (painter), Cousteau family ventures, Walt Disney World Christmas Day Parade (live and televised-7yrs), Gilbert Gottlieb, the "Top Gun" Resort and Casino ventures (worldwide), and others.

Areas of Expertise:

Licensing Breach of Contract Right of Publicity Right of Privacy Copyright Infringement Trademark Infringement Royalties Loss of Revenues Investment and Investor Disputes Intangible Assets Film Television Media

Multimedia Theater Music Photography Production Distribution Publicity Content Properties Brands Venues Likeness Life Story Movie Scripts

Litigation Support - In Ned McLeod's 40 year capacity as producer, consultant, or attorney, he has negotiated, constructed, analyzed, attacked, or defended hundreds of business entertainment contracts, licenses, and litigation claims; and served as either consultant or expert witness on such matters.

As counsel (or, on occasion for a personal project, as producer), Mr. McLeod has obtained and operated licenses (regarding Content, Properties, Brands, Venues, Likeness, Life Story, etc.) from Universal Music, Walt Disney Company, Hebrew University of Jerusalem, SONY, the Getty Images, Warner Bros. Music, TED Talks, Discovery Channel, ABC News, The Cousteau Society, Ford Motor Company, the Marjorie Kinnan Rawlings Collection, National Geographic, Jerry Lewis Films, The Beach Boys, Irving Berlin Music, Estate of Marvin Hamlisch, Richard Petty, Random House Books, Simon and Schuster, HarperCollins, the United States Air Force, NASA, Estate of Yuri Gagarin, Paramount Pictures, and others.

Mr. McLeod has been the expert consultant and reviewer for licensing documents litigated against major industry icons SONY Pictures, Warner Bros. Pictures, National Enquirer, Mad Magazine, and others involving the review of thousands of pages of licenses from domestic and international records. In songs alone, Mr. McLeod has licensed hundreds regarding films, musicals, and film clips.  

View Ned McLeod's Consulting Profile.