OSTA Expert Witness Services
OSTA, a technology and management consulting firm, offers expert
witness services in legal disputes, court battles and arbitrations that
involve the use and/or development of computer software. We have written
"expert" reports, given depositions, and testified at arbitration hearings
as well as at court trials.
Dr. Heinz Lycklama
, the principal computer consultant in OSTA, offers the following expert
- Trade secret misappropriation analysis - Suppliers gain competitive
advantage through the use of trade secrets in developing their products.
We analyze the validity of a trade secret and determine whether it has been
misappropriated by another vendor. This requires deep familiarity with the
computer software industry on our part.
- Software copyright infringement analysis - Computer program
source code is compiled into executable object code that runs on a computer.
A supplier protects the source code, the user interface and the documentation
of a program by copyrighting them. We analyze software systems for similarities
and/or derivation to establish whether copyright infringement occurred.
- Software patent claim/infringement analysis - We analyze the
validity of patent claims by examining the originality, utility, novelty
and/or non-obviousness of the claims. We also do detailed patent claim analysis,
prior art research, and technical analysis of the software products involved
in a patent dispute to determine whether infringement has occurred.
- Prior art research - Literature, and the product itself, is
examined for products which exhibit some of the features and functions described
by the patent claims. The validity of the patent claims is determined by
careful and selective research.
- Forensic software analysis - Computer disks and backup tapes
often contain important information that is crucial to establishing whether,
when and how certain events occurred. Preserving and analyzing computer-based
evidence can often determine the outcome of a case.
- Software development analysis - There are well-established industry
guidelines for developing software products. We analyze the development methodology
used by suppliers to determine whether they meet these guidelines and whether
the estimated development effort is reasonable.
- Technology white papers, tutorials and presentations - Customized
material is prepared about our areas of expertise, tailored to the needs
of the case and the audience. We help reduce complex technical topics to
simple terms for the legal profession and others involved in the case.
- Litigation support - We offer expert advice in computer-related
litigation cases by evaluating the technical merits of the case, researching
technical issues in depth, presenting opinions on technical questions, analyzing
technically-oriented testimony from the opposing side, and advising on cross
examination strategy and questions. If you need a more complete set of litigation
support services, or if you need arbitration support services, or dispute
remediation services, please refer to the description of services offered
by our partner, Systems Management
We maintain computers on site running (or capable of running) various
flavors of the UNIX operating system, Windows NT and Windows 95. The Microsoft
Office suite and the Microsoft BackOffice suite are run on Windows 95 and
Windows NT, respectively. Customer computer hardware and software is used
when required by a case.
Areas of Expertise
With 30+ years of experience in software research and development,
Dr. Heinz Lycklama
has developed expertise in the following software areas:
- Operating systems - Developed UNIX-based operating systems at
Bell Telephone Laboratories. Has more than 28 years of experience with various
flavors of the UNIX operating system (real-time, general purpose, and stand-alone)
and has worked with Windows NT and Windows 95 for the last five years.
- File systems - Developed UNIX-based file systems, suitable for
general-purpose and real-time applications. Familiar with many different
UNIX-based file systems as well as Microsoft file systems.
- Systems/network management - Developed and used UNIX-based systems
management tools. Familiar with the major systems management frameworks
and the various categories of plug-in tools used for UNIX-based and Windows
NT systems. Developed and presented courses on systems and network management.
- Middleware - Performed various analyses of middleware technologies
such as Remote Procedure Calls (RPC), messaging, Object-Oriented middleware,
OLTP and distributed services such as directories, naming and security.
- Systems architecture - Analyzed and developed systems architectures
for distributed computing platforms and telecommunications products.
- Computer programming - Wrote tens of thousands of lines of computer
programs in languages such as Fortran, assembler and C. These programs
comprised part of the operating system, operating system utilities and systems
- Internet services - Used the Internet and its services for more
than 20 years. Developed web pages for multiple projects.
- Software development - Developed and used the latest tools to
write, debug and manage source code for multiple products. Managed large
distributed software development projects.
- Standards - Initiated and managed the development of the early
POSIX standards in UniForum. Coordinated and played a key role in transitioning
these standards efforts to the IEEE using their formal standards development
Expert Witness Projects
Some of the cases in which Dr.
served as an expert witness include the following:
- Expert Witness in Patent Infringement Case - An analysis
was performed to determine whether the CICS emulation product introduced by
the defendant infringed on some patents awarded to the plaintiff.
- Expert Witness in Government Award Protest - We represented
the protesting party in a multi-million dollar award by the U.S. Coast Guard
to Unisys for computers running the Windows NT operating system. The major
protest issue that was analyzed, and on which an expert opinion was given,
was that of POSIX compliance. Dr. Lycklama was also admitted as an expert
in operating systems in this case.
- Expert Witness in Systems Liability Case - An analysis
was performed to determine whether the product development procedures used
by a vendor met industry standards, and whether the operating system used
by a customer was responsible for problems perceived by the customer.
- Expert Witness in Software Maintenance Contract Dispute Case
- We represented the defendant in a dispute in which the plaintiff claimed
that all of its business data was lost as a result of actions taken by the
computer vendor. Forensic software analysis techniques were used to determine
whether the business data was appropriately recovered.
Brief descriptions of other projects performed by OSTA can be found in
. References are available upon request.
Dr. Heinz Lycklama
Open Systems Technology Associates
17818 Oxford Dr.
Arlington, WA 98223
Heinz Lycklama - email@example.com
Last modified: July 6, 2016
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