AUDIO MUSIC PATENT EXPERT WITNESS

EDUCATION AND TRAINING

1973 Oberlin B. Mus, double degree in organ performance and music theory. Experience with analog and digital music synthesis, BASIC, FORTRAN, and MUSIC V on an IBM 360.

1973-1975 Technical University, Berlin Fulbright Scholar. Graduate-level coursework in music theory/history, audio engineering, electronics, information theory, cybernetics, Japanese. Extensive recording studio and live concert sound reinforcement experience. PDP-11 and PDP-8 assembler and machine language. Travel throughout Europe.

1975-1976 IBM Thomas Watson Foundation Grant to study electronic music, Tokyo, Japan, 1976. Live performances on piano and Roland System 700 analog synthesizer. Also travel through Turkey, Iran, Afghanistan, Pakistan, India, Thailand, and Hong Kong.

1985 Stanford Ph.D., CCRMA. Advisor: John Chowning. Graduate course work in music, computer architecture, assembly language processing, digital audio, acoustics, and digital hardware. Dissertation on analysis of music instruments with the short-time Fourier transforms. Software development experience listed above.

PROFESSIONAL EXPERIENCE

1992 -Present
Larkspur, CA
Owner
Full-time independent consultant: Programming handcrafted audio and music software for signal processing, written in C, C++, JAVA, and especially assembler for digital signal processing chips. See Consulting Assignments, below. Expert witness in patent litigation relating to audio, music, programming. See Expert Witness, below. Recruiter filling technical positions in DSP, music, and audio.

1987-1991
Yamaha Music Technologies USA
Larkspur, CA 1989-1991: President; 1987-1989: Vice President
Helped establish and manage a nine-person Ph.D.-level research group, including site search, architectural design, construction, move-in, and hiring. Conducted original research on electronic musical instruments and recent technological developments. Extensive experience designing scientific, engineering, and musical object-oriented applications, especially C++ (UNIX). Patents listed below.

1986- 1988
Larkspur, CA
Full-time Consultant This was my first stint as a consultant. See Consulting Assignments, below.

1985 -1986
San Rafael, CA
Lucas film/Droid Works
Programmer
Full-time programming experience as an employee, designing signal-processing modules and writing (96-bit VLIW) micro code for the ASP/SoundDroid developed by James A. Moorer. Experience in audio and video post-production. Extensive work in C (Unix). Another six months full-time experience writing tightly packed assembly code for the TI TMS32010 DSP chip, especially for a two-channel hard-disk audio record playback unit that played without bugs on the exhibition floor of the National Association of Broadcasters convention, 1986.

1976-1985
Stanford, CA
Stanford University Doctoral Student
Nine years programming experience-developing code in high-level languages (Algol, Fortran, SAIL) and PDP-10 assembler for musical and audio signal processing applications during doctoral thesis work. Includes original published research in spline fitting, a 30,000-line two- and three-dimensional graphical editor for waveforms and spectra, implementation (with John Gordon) of the short-time Fourier transform, device drivers, and libraries for graphic user interfaces. Part-time consulting work also for clients such as SRI International (FORTRAN for mechanical engineering). Mattel Electronics (music in consumer electronic toys). Intelli Genetics (ALGOL-like code for biotechnology). Digital Keyboards (product specification and complete manuals for GDS and Synergy Synthesizers).

1972 -1972
Revox Long Island, New York
Summer intern Soldering cables, writing German- and Dutch-English translations, assembling hardware.

CONSULTING ASSIGNMENTS

1995 Present Hamamatsu, Japan
Chair, AES standards working group SC-02-12 (formerly called SC-06-02) on digital audio via IEEE-1394 (Fire wire), with the support of Yamaha. Involves a trip to AES conventions twice a year, including one in Europe. Past member, IEC TC100 TA4, Digital System Interfaces. Various public appearances, for example at AES local chapter meetings, and various company site visits, on behalf of Yamaha to discuss audio over 1394 and Yamaha's MLAN.

2006-ongoing
East Coast, USA
For a well-known provider of audio software, provide and supervise a subcontractor to port a complicated digital signal-processing algorithm into the Digidesign TDM Environment, in Motorola 56K assembler.

2006-ongoing
Bay Area, CA
For a well-known provider of audio software, provide and supervise a subcontractor to port a complicated digital signal-processing algorithm into the Digidesign TDM Environment, in Motorola 56K assembler.

2005-2006
Somerville, MA
For this well-known provider of wave tables, synthesis software, and ring tones (among others), provide and supervise subcontractors for these projects: Design and implementation of filters for sample rate conversion; Design and implementation of filters following the DLS-2 specification; Port synthesizer code to Ten silica HiFi2 audio engine.

2004-Present
Petaluma, CA
For this well-known provider of audio software, provide and supervise a subcontractor to port a complicated digital signal-processing algorithm into the Digidesign TDM Environment, in Motorola 56K assembler. 2005-2005 Scotch Plains, NJ For ARL founder Schuyler Quackenbush provide and supervise a subcontractor to design and implement a digital filter algorithm in Motorola 56K assembler.

2004-2005
San Diego, CA
Working closely with Verance R&D staff, implement the Verance Content Management System/Audio-Visual (VCMS/AV) watermarking technology for motion picture sound (www.verance.com/news/releases/ MSFT_Release_2-10-2005.pdf) in Motorola 56300 assembler in the TC Electronics M6000 environment. In use in major film studies starting early 2005. Travel at client's request to TC Electronics headquarters in Denmark to facilitate integration. Provide and supervise a subcontractor to assist with filter design, filter implementation, and other tasks. More than 30,000+ lines of 56K assembler source, several hundred pages of documentation, a dozen CD ROMs of debugging data and lab notebooks.

2002-2004
Santa Cruz, CA
For this well-known manufacturer of audio plugins, port two audio processing algorithms (Pultec filter, LN1176 stereo compressor) from C/C++ to Motorola 563xx assembler in the DigiDesign ProTools TDM environment, including numerical approximation and streamlining the original C/C++ implementation. Publicly released 2004. Contribute extensively also to port of an extremely complicated high-end reverberator, and to another equalizer.

2003-2004
Bay Area, CA
For another well-known manufacturer of audio plugins, extensive contributions to the TDM port of a multi-band, multi-channel compressor. 2003-2004 Mountain View, CA For this software configurable processor startup, study how to port MPEG-2 AAC and MP-3 decode reference C++ code to 16- and 32-bit integerized C. Do the same for MP-3 encode based on publicly available source. Learn their software configurable architecture well enough to write optimizations. 2003-2003 Cambridge, MA For this major translation house, proofread German-English translations involving, among other things, audio compression (including German-language doctoral dissertations).

2003-2003
Santa Clara, CA (Audio Rendering Technology Center)
Port music synthesis algorithms to ARM7TDMI assembler, following ARM's C calling conventions. This project ran under very tight time constraints, cost only 2/3 of the projected budget, and resulted in code that runs much faster than the original implementation.

2002-2003 Dorrough Electronics (http://www.dorrough.com)
Chatsworth, CA
Implement in C and Analog Devices Sharc 21161 assembler a novel scheme based on their patented technology to improve the perceived loudness of audio signals sent over broadcast. Provide a subcontractor who made significant contributions to filter design.

2002-2003
Santa Cruz, CA
For a major manufacturer of telecommunications hardware, help create a development environment using Texas Instruments' C54XX, Code Composer Studio, and Reference Framework 3.

2002-2002
Japan
For an Asian manufacturer of audio chips, assemble, manage, and contribute technically to a group of US consultants to specify and help design an audio-related chip used in broadcast applications. Establish contact between the Asian client and stateside holders of appropriate licensable technology.

2002-2002
Analog Devices
Wilmington, MA (Ray Stata Technology Center)
After an on-site visit to learn more about the technology and meet the team, I made recommendations on changes to architecture for a new version of an idiosyncratic signal processing chip. I also provided code examples for the new architecture.

2001-2002
Silicon Valley, CA
For a configurable processor manufacturer in Silicon Valley, implement a highly optimized version of the modified discrete cosine transform (MDCT) for audio compression. Extensive investigation of theory and variants of the MDCT. Also port MPEG-2 low-complexity AAC decodes and MP3 encode from Fraunhofer/Thomson reference C++ code to 16-bit integerized C. Prepare various optimizations closer to the hardware than C++ usually allows.

2001-2002
Europe
For this developer of a custom processor based on ARM, investigate licensing of and make recommendations for porting AC-3, DTS, Dolby Pro Logic.

1999-2001
Berkeley Design Technology, Inc. (http://www.bdti.com/)
Berkeley, CA
For BDTI's Buyer's Guide to DSP Processors, 2001 Edition, contribute major portions of the text analyzing the Analog Devices TigerSharc, and contribute also to the analyses of Motorola 56300, 56800, and 56800E, including verification and in some cases re-writing assembly-language implementations of BDTI's benchmarks; Prepare written analyses of Hitachi SH-DSP, SH3-DSP, SH-4, and SH-5 architectures. This again included verification and in some cases re-writing assembly-language implementations of BDTI's benchmarks; Implement assembly-language routines related to multimedia compression in ARM7/ARM9 assembler; Develop and present a four-hour presentation on audio compression, given first at Embedded Processor Forum, June, 2000; contribute to a four-hour presentation on digital audio and music given by Dana Massie at the same Embedded Processor Forum; revised and presented both talks at Microprocessor Forum, October 2000; both talks revised again with emphasis on streaming audio and presented at Embedded Processor Forum, June, 2001.

1995-1996
Audio Precision (http://www.audioprecision.com)
1998-1999
Portland, Oregon Audio Precision (Portland, Oregon).
For their System 2 audio measurement device, developed double-precision FFT in assembler for Motorola 56002, including (Microsoft) C code to study where to maintain double precision. Also, extensive code for AES/EBU and square wave measurement test suite, including jitter and eye pattern (assembling bit map for display in 56002 data memory space). 28K+ lines of assembler source. 1998-1999: Revise Audio Precision System 2 code for new 96 kHz Cascade hardware (Motorola 56303).

1997-1999 Euphonics (later part of 3COM)
Boulder, CO
Implement Dolby AC-3 decoder in 16-bit integer assembler on new Analog Devices 16-bit integer AD1818 (PCI SoundComm). 20K+ lines of assembler source. Passed first round of Dolby testing on first try. Integrate with Euphonics' Real-Time Kernel.

1998-1999
Silicon Valley, CA
Assist a startup specializing in real-time music software in its attempts to be acquired. Included introducing company staff to personal contacts in various music companies, and participating in various meetings.

1998-1998
Silicon Valley, CA, and Southern CA
For a major chip manufacturer, I served as the sole outside member of the due diligence technical team evaluating a small but well-known synthesizer company ultimately acquired by the chip manufacturer. After visiting the synthesizer company's office with a team from my client, I provided a detailed written report on software, music synthesis chip architecture, and various management questions.

1996-1997 Digital Technics (DTI)
Baltimore, MD
Implementation of CCITT R2 telephony encoder/decoder (similar to DTMF) in Motorola 56002 assembler, based on Goertzel algorithm. 13K+ lines assembler. Deployed in the field in Asia and South America.

1996-1996 VM Labs
Los Altos, CA
For this multimedia chip startup, provide detailed comments on a proprietary DSP chip architecture.

1994-1995
Asia
For a major manufacturer of audio hardware, commissioned to write a study of audio over networks. Investigate and deliver a 40 page report touching on MIDI, ZIPI, 1394, PCMCIA, Ethernet, ATM, Lone Wolf, USB, and others.

1993-1995
Oculix
Switzerland
Motorola DSP 56000 assembler for numerical and FFT analysis of real-time data gathered by laser from the human eye. 150K sources.

1993-1994
Centigram Communications Corporation
Silicon Valley CA (apparently now part of SS8 Networks) Port of speech synthesis code from TI TMS320E17 assembler to Motorola DSP 56002 assembler on Motorola PC Media card; port to Analog Devices ADSP 2115 assembler on Echo Personal Sound System.

1993-1994
Atari
Sunnyvale, CA
Implement physical modeling music synthesis techniques on custom RISC/DSP chip inside Jaguar. Prepare written comments on a new custom DSP architecture.

1993-1993
New England
For a US audio manufacturer, write audio recording, storage, and playback functions in assembler for Analog Devices ADSP 2105. Farmed out DAC/ADC device drivers to subcontractor. Also farmed out front-panel code on Philips/Signetics 80C51 family of controllers to different subcontractor.

1993-1993
Euphonics
Boulder, CO
For this software music synthesizer company, write C routines to emulate certain hardware elements in the target system. This allowed the company to study aspects of caching parameter updates, for optimizing real-time performance.

1993-1993
Bay Area, CA
For a research project involving DSP architecture, write a series of Java classes to emulate the typical components of a DSP chip.

1987-1988
Shure
Evanston (now Niles), IL
Working from the written specification for a proprietary algorithm, develop C and TI TMS 32010 assembler for a multi-channel consumer audio product prototype.

1987-1988 NeXT, Inc.
Silicon Valley, CA
NeXT Inc. Developed, debugged, and documented more than 50 routines in the Motorola DSP 56000 assembler vector library (with Julius O. Smith; source 2" thick.). While working off-site for over a year before NeXT was publicly released, maintain secrecy about the fact that NeXT would include a 56000 processor.

1986 or 1987
Sonic Solutions
San Francisco, CA
As one of the first consultants hired by Sonic Solutions (located in their first office in San Francisco), port their C noise-reduction code from one flavor of Unix to another.

OTHER EXPERIENCE

Studies of micro machining and Nan technology. Experience with the Star Semiconductor SPROC chip, the IBM MWAVE chip and operating system, OS-9, and Spectron's SPOX operating system.

EXPERT WITNESS AND LITIGATION SUPPORT EXPERIENCE

2006
Law firm in Texas; US telecommunications company
Case-involving digital audio hardware, Project: Prepare claim charts. Two-day meeting with attorney in Palo Alto, Status: Continuing involvement

2005-2007
Fish and Richardson, San Diego
Case-Lucent Technologies Inc vs. Gateway, Inc., et al., defendants, and Microsoft Corporation, Intervener. Case No. 02-CV-2060 B (CAB) consolidated with 03-CV-0699 B (CAB) and 03-CV-1108 B (CAB), Project: Testifying expert for Microsoft (defendant) involving audio compression and MP3. Prepared 8 expert reports (total 331 pages) on non-infringement and invalidity including 20 claim charts and 15 other substantive attachments. Analyzed over 4000 pages of C/C++ source code; analysis of assembly and machine code. Worked directly with German documents. Deposed, November 3, 2006. Two days testimony at three-week jury trial, February 7-8, 2007, Status: Appeal expected, March 2007.

2005
Black Lowe & Graham, Seattle
Case-Digeo, Inc. v. Audible, Inc., Case No. C05-00464-JLR, Seattle, Project Named expert for plaintiff in case involving music downloading. Prepare expert reports on validity and infringement. Analysis of C/C++ code. Deposed for Markman hearing, February 2006, Status: Appeal in progress, March 2007.

2006
Law firm in Palo Alto; Japanese consumer manufacturer
Project:: Prepare claim charts on 24-hour notice. Assist in preparation of tutorial, Status: Case still in progress but I am no longer involved due to schedule conflicts with previous clients.

2006 Law firm in Palo Alto; US audio manufacturer on East Coast
Project: Teach technology to attorneys; draft claim charts, Status: Case still in progress but I am no longer involved due to schedule conflicts with previous clients.

2006 Law firm in New York; US chip manufacturer
Project: Provide and supervise an expert witness colleague who prepared an expert report on infringement, Status: Settled on terms favorable to my client.

2004-2005 Weil, Gotshal & Manges LLP, New York office
Project: For litigation involving music downloading, identify prior art. Personal introduction to another party who in turn provided documents and expert witness testimony, Status: Settled on terms favorable to my client, early 2005.

2005
Project: For a well-known manufacturer of digital hardware, investigate prior art for hardware relating to patents on virtual memory and cache memory. In addition to library work, provide information from my own files, and gain access to files at private Bay-area institutions, Status: Prior art research submitted to attorneys in 2005.

2003
Project: For a case involving a well-known computer manufacturer, read six articles and two Ph.D. dissertations, all in German, on audio compression, scanning for (and finding) specific prior art as directed by attorney.

2002-2003
Project: Working directly for a major audio manufacturer (defendant) in an infringement case, identify prior art relating to hardware for placing sound into 3-space. Provide 15-page claim chart, Status: Settled, terms unknown

1997-1998
Cesari and McKenna, Boston Case-Lucent (plaintiff) vs. Young Chang, Project: Served on the expert witness team helping defend a major music instrument manufacturer against a patent violation lawsuit relating to music synthesis. I advised attorneys about digital hardware, software, and architecture. I obtained obscure historical documents and information from various public and private sources. I provided provide personal archives from the 1970's, and I helped the attorneys find other expert witnesses for the team, Status: Settled on terms favorable to my client, 1998.

1996
Project: For a major karaoke manufacturer outside the USA, I conducted prior art research which helped the company successfully fend off patent violation actions in the area of digital graphics, Status: Settled on terms favorable to my client, 1996.

1995
Project:: For a Bay-area music instrument manufacturer, I conducted prior art research and prepared a claim chart in the area of music synthesis, especially reverberation. This also included manuals for custom music synthesizers, from my own library, Status: Settled, terms unknown, 1995.

1994
Project: For the same major karaoke manufacturer outside the USA as above, I conducted prior art research which helped the company successfully fend off patent violation actions in the area of digital music synthesis, specifically chorus in karaoke background using MIDI and sampling synthesis. I used contacts in the Bay area to find manuals for hardware prior art for which the manufacturer had gone out of business, Status: Settled on terms favorable to my client, 1994.

1994
Small, Larkin, Los Angeles
Case-Digital Theatre Systems vs. L.C. Concepts (plaintiff), Project: For this well-known manufacturer of cinema sound equipment, I participated in the successful resolution of a patent infringement action. I studied and commented on patents and correspondence in English and German. I met with German- and English-speaking corporate and engineering staff in the Bay Area and Las Vegas. Through personal contacts in German-speaking areas in Europe, I located prior art hardware in various private firms, Status: Settled on terms favorable to my client, 1994.

RECRUITING

As a recruiter I have successfully placed candidates (entry-level software and hardware engineering through Ph.D./vice president) at the following firms, among others (more than one placement at some firms):

Alesis (Santa Monica CA)
ARIS Technologies (Boston MA)
Aureal (Fremont CA/Austin TX)
Euphonics (later part of 3Com, Boulder CO)
Euphonix (Palo Alto CA)
Gvox (Philadelphia PA)
Rane (Seattle WA)
Staccato Systems (Mountain View CA)
Thomson Consumer Electronics (Indianapolis IN)

TEACHING APPOINTMENTS

2003-2007 University of Colorado at Denver, College of Arts & Media
Denver, CO
Position: Lecturer, Department of Music & Entertainment Industry Studies, Duties: Teach special topics course on audio data compression to upper-level undergraduate and graduate students, invited to return for academic year 2006-2007.

MAJOR PUBLICATIONS

Available Upon Request

PROFESSIONAL ASSOCIATIONS AND ACHIEVEMENTS

Assistant Editor, Computer Music Journal, 1978-1982.
Co-founder (1980), International Computer Music Association.
Founder and Series Editor (1984-1996),
The Computer Music and Digital Audio Series.
Conference Chair, 1987 Audio Engineering Society (AES) International Conference on Music and Digital Technology (Los Angeles).
Technical Papers chair, 1992 AES Convention, San Francisco (first AES San Francisco Convention).
Technical Papers co-chair, 2002 AES convention, Los Angeles.
Elected member of the AES Board of Governors, 1992-1994; again 2005-2007.
Keynote Speaker, November 1996 Audio Engineering Society Convention.
Fellow (1996), Audio Engineering Society.
Honorary Member (1998), Midi Manufacturers Association (MMA).
Convention Chair, 2004 AES Convention, San Francisco. Recipient of an Anderton Award, Pro Sound News, December 2004.
Convention Chair, 2006 AES Convention, San Francisco.
Technical presentations and session chair at various conferences such as Audio Engineering Society, Acoustical Society of America, International Computer Music Conference, DSP World.
Member of review board, Journal of the Audio Engineering Society.
Conference paper reviewer for many International Computer Music Conferences (ICMC).
Member, Acoustical Society of America. Senior Member, IEEE.

FURTHER QUALIFICATIONS

Functionally bilingual in German. Reading ability in French, Dutch. Some experience with Spanish, Italian, Japanese, Latin. Separate list of foreign language experience available on request. Extensive experience traveling abroad and communicating with foreigners.

OTHER ACTIVITIES

I currently enjoy spending time with my family and hiking. In earlier years I have especially enjoyed travel, aikido, weightlifting, operating a Maerklin Z-gauge model railroad, performing a wide variety of folk and classical music, and attending musical events. Member of Toy Train Operating Society of America.

REFERENCES

Available Upon Request

PATENTS

Available Upon Request

KEYWORDS

Patent Litigation Expert Witness, Patent Expert Witness, Audio Expert Witness, Music Expert Witness, Digital Signal Processing Expert Witness, Software Expert Witness, Embedded Expert Witness, Assembler Expert Witness, C Expert Witness, C++ Expert Witness, German Expert Witness, MP3 Expert Witness, MPEG Expert Witness, DTS Expert Witness, AC-3 Expert Witness, Fourier Transform Expert Witness, Discrete Cosine Transform Expert Witness, Phase Vocoder Expert Witness, Music Synthesis Expert Witness

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