Sam Malek, Quandary Peak Expert Witness, Helps Win $172M Verdict

A patent litigation case between Wapp Tech and Micro Focus has concluded with a $172.5 million award, in favor of the plaintiff. The judgment, which featured Quandary Peak’s Sam Malek as the primary expert witness for Wapp Tech, marked the resolution of one of multiple lawsuits filed in July 2018. In the lawsuits, Wapp Tech “alleged infringement of three patents relating to mobile device application development and testing systems that simulate network characteristics indicative of mobile app performance.”

Details of the Case

Hewlett Packard Enterprise (HPE) spun off and merged its software business with Micro Focus, a UK-headquartered company, in 2017 as a bid to “becom[e] a stronger, more focused company, purpose-built to compete and win in today’s market.” Soon after, Wapp Tech accused Micro Focus and HPE of infringement on three patents “in connection with the manufacture and sale of some products in the ADM (App Delivery Management) product line, including LoadRunner and Performance Center.”

The lawsuit was one of several filed by Wapp Tech relating to the three patents, including separate suits against Bank of America and Wells Fargo. In June 2020, Micro Focus attempted to transfer the lawsuit to a Delaware court and was denied by the U.S. Court of Appeals for the Federal Circuit.

Sam Malek’s Role in the Suit

Quandary Peak expert, Sam Malek, was the primary expert in the winning effort for Wapp Tech. His opinions on the infringement and validity of the patents during the trial were critical in earning the $172.5 million judgment in Wapp Tech’s favor from the jury. In a statement to investors, Micro Focus disclosed that “the matter is awaiting the judge to hand down his judgment, and the judge has discretion to increase the total damages awarded.” Micro Focus seemed to be acknowledging the distinct possibility of defeat.

What the Future Holds

As patent protection grows more important than ever, it is increasingly vital to pair legal and technological expertise, as a means to explain complex technologies and concepts to non-experts—in a language they can understand. Quandary Peak experts like Sam Malek have the experience needed to testify in jury trials and depositions, as expert witnesses in computer science and software engineering. Sam’s goal during the trial—and our goal as a firm—is to bridge the gap between technology and law, with complementary knowledge and unparalleled expertise.

This article is authored by

Quandary Peak Research

Based in Los Angeles, Quandary Peak Research provides software litigation consulting and expert witness services. We rapidly analyze large code bases, design documents, performance and usage statistics, and other data to answer technical questions about the structure and behavior of software systems.