Jason Frankovitz - Software Engineering Expert
Senior Testifying Expert

Jason Frankovitz

Director of Software Class Actions

Jason Frankovitz is a software engineering expert based in Los Angeles with over 25 years of experience. He has consulted on more than one hundred lawsuits, ranging from small private prosecutions to major class actions, and has testified under oath over twenty-five times in the United States and Canada. He has worked for plaintiffs and defendants in federal, state, and international cases involving infringement of software patents, copyright infringement, trade secret misappropriation, and software programming best-practices. His specialties include open-source software like GNU/Linux, version control/release management, test-driven development, continuous integration and Internet & mobile programming.

Jason started college at the University of Southern California, but completed his degree at Indiana University in Bloomington, Indiana. While working for campus computing services, Jason coded his first Web application: itList.com, one of the first Web-based bookmark sites on the Internet. After moving to the Boston area, Jason brought itList to Main Street Partners LLC, becoming Entrepreneur-in-Residence for Joe Hadzima of MIT. itList created significant prior art used in multiple patent cases.

Jason’s Internet startups used cutting-edge technologies like cloud-based server scaling and machine learning (AI). He is the inventor of patent 9,858,341, a system for targeting social media ads based on user-generated content. Jason’s background in social media and user-generated content has allowed him to consult on multiple class-action cases against Facebook, including the Illinois Biometric Protection Act of 2008 (BIPA) lawsuit.

Summary of Qualifications

  • Provides software analysis and investigation in software-related litigation, including patent infringement cases, breach-of-contract disputes, and other matters across a range of platforms and industries.
  • Has testified 25 times in court as an expert witness in computer software and Internet technologies.
  • Known for deep expertise in a wide array of mobile and desktop Web technologies such as Ruby, iOS, Android, AJAX, Python, CSS, HTML, Java, Perl, PHP, and others.
  • Has a keen eye for technical differences and overlap among disparate systems.
  • Explains complex topics using simple, non-technical language and concepts.
  • Has expertise in development techniques, version control, release management, system architecture, and cloud infrastructure.
  • Has created dozens of patent claim charts for licensing negotiations with the largest technology companies in the world.
  • Formerly served as Founder and CTO of itList.com, where he became EIR at Main Street Partners at MIT and filed a patent for a curated-content search engine.
  • Inventor and holder of patent 9,858,341, and member of the IEEE Computer Society.
  • Received his B.A. in Telecommunications with Phi Eta Sigma honors from Indiana University.

Areas of Expertise

  • Mobile and social

    Apple iOS, iPhone SDK, Android, Facebook API, Twitter API

  • Internet and web

    HTTP, REST, SSL, HTML5, CSS, jQuery, Python, JSON, AJAX, PHP, E-commerce backends, Amazon Web Services (AWS), PaaS, SaaS, Apache, Ruby, Ruby on Rails, nginx, GNU Linux daemons, NLP, machine learning

  • Database

    MySQL, PostgreSQL, memcached

  • Software development

    Git, Github, JIRA, Trac, Unfuddle, Subversion, CVS, RCS, ClearCase, build automation, configuration management

  • Operating Systems

    Linux, Unix, Mac OS X, iOS, Windows, file systems

  • Other software

    Adobe Photoshop, Adobe Premiere, Adobe Audition

  • Litigation support

    Intellectual property and patent infringement, software design/source code audit and review, non-performance claims

Litigation Experience

  • Class v. Facebook, Inc.


    Jurisdiction: State
    Counsel: Robbins Geller Rudman & Dowd/Labaton/Edelson
    Nature of Suit: Biometric Privacy

  • Fox Television Stations, Inc. v. FilmOn X, LLC


    Jurisdiction: Federal
    Counsel: Baker Marquart LLP
    Nature of Suit: Intellectual Property – Copyright

  • Securus Technologies, Inc. v. Public Communication Services Inc.


    Jurisdiction: Federal
    Counsel: Gruber Elrod Johansen Hail Shank
    Nature of Suit: Breach of Contract

  • Zaghi dba Angel Dental Care v. Salama


    Jurisdiction: State
    Counsel: Jalilvand Law APC
    Nature of Suit: Consulting & Testimony (deposition)

  • Level One Technologies, Inc. v. Penske Truck Leasing Co.


    Jurisdiction: Federal
    Counsel: Riezman Berger, P.C.
    Nature of Suit: Intellectual Property – Trade Secrets

  • Chrome Systems, Inc. v. Autodata Solutions, Inc.


    Jurisdiction: Federal
    Counsel: Wachtell, Lipton, Rosen & Katz
    Nature of Suit: Breach of Contract

  • Deal Segments, Inc. v. Dream Warrior Group, Inc.


    Jurisdiction: State
    Counsel: Law Office of Parag L. Amin
    Nature of Suit: Breach of Contract

  • Alertus Technologies, LLC v. Blake Robertson


    Jurisdiction: State
    Counsel: Joseph, Greenwald & Laake, P.A.
    Nature of Suit: Intellectual Property – Trade Secrets

  • Alertus Technologies, LLC v. Callinize, Inc.


    Jurisdiction: Federal
    Counsel: Bowie & Jensen, LLC
    Nature of Suit: Intellectual Property – Trade Secrets

  • ABS, Inc. v. FCI, Inc.


    Jurisdiction: Federal
    Counsel: Law Office of David Richman
    Nature of Suit: Intellectual Property – Trade Secrets

  • Trichel v. Union Pacific Railroad


    Jurisdiction: State
    Counsel: VB Attorneys
    Nature of Suit: Digital Forensic Investigation

  • BeUbiq, Inc. v Curtis Consulting Group, Inc.


    Jurisdiction: State
    Counsel: Farbstein & Blackman
    Nature of Suit: Breach of Contract

  • Vincent Wellrich v Dream Warrior Group, Inc.


    Jurisdiction: State
    Counsel: Wolke & Levine LLP
    Nature of Suit: Breach of Contract

  • Schwartz v. Khoury Consulting, Inc. d/b/a Frontline Performance Group


    Jurisdiction: State
    Counsel: Ford Harrison
    Nature of Suit: Breach of Contract

  • Nicole, Inc. v. BLK International and Sanjay Khullar


    Jurisdiction: Federal
    Counsel: Greenberg & Bass LLP
    Nature of Suit: Intellectual Property – Copyright

  • Chipp’d Ltd. v. Crush & Lovely LLC


    Jurisdiction: State
    Counsel: White and Williams LLP
    Nature of Suit: Breach of Contract

  • Johnson v. Storix, Inc.


    Jurisdiction: Federal
    Counsel: Eastman & McCartney LLP
    Nature of Suit: Intellectual Property – Copyright

  • Learning Technology Partners LLC v. University of the Incarnate Word


    Jurisdiction: Federal
    Counsel: Glynn & Finley, LLP
    Nature of Suit: Breach of Contract

  • Nomadix, Inc. v. Hospitality Core Services LLC


    Jurisdiction: Federal
    Counsel: Mehrman Law Office, PC
    Nature of Suit: Inter Partes Review – Patent

  • Hull et al v. Marriott International, Inc.


    Jurisdiction: Federal
    Counsel: Conn Maciel & Carey PLLC
    Nature of Suit: Software Accessibility/ADA

  • Copart, Inc. v. Lightmaker USA, Inc.


    Jurisdiction: State
    Counsel: Porter Scott LLP
    Nature of Suit:Breach of Contract

  • Arrazate V. H&B Group, INC., dba Nissan of Bakersfield


    Jurisdiction: State
    Counsel: Rodriguez Law Firm
    Nature of Suit:Social Media Investigation

  • SecureAuth Corporation v. miniOrange Inc.


    Jurisdiction: Federal
    Counsel: Abelman, Frayne & Schwab
    Nature of Suit: Intellectual Property – Copyright

  • Jonathan Demichael v. Peak Franchising, Inc.


    Jurisdiction: State
    Counsel: Lee, Hong, Degerman, Kang & Waimey
    Nature of Suit: Product Liability Tort

  • Mad River Community Hospital v. CPSI, Inc.


    Jurisdiction: State
    Counsel: Janssen Malloy LLP
    Nature of Suit: Breach of Contract

  • Smarty Had a Party LLC v. Barrett Brothers, Inc.


    Jurisdiction: Federal
    Counsel: Capes, Sokol, Goodman & Sarachan, P.C.
    Nature of Suit: Trade Name Infringement

  • Core Wireless Licensing S.A.R.L. v. LG Electronics, Inc.


    Jurisdiction: Federal
    Counsel: Bunsow de Mory Smith & Allison LLP
    Nature of Suit: Intellectual Property – Patent

  • Mass Appeal Media, Inc. v. Davina Douthard, Inc.


    Jurisdiction: Federal
    Counsel: Krakowsky Michel
    Nature of Suit: Intellectual Property – Trademark

  • Hablian, et al. v. Zurich U.S., et al.


    Jurisdiction: State
    Counsel: Marlin & Saltzman LLP
    Nature of Suit: Source Code Verification

  • (Confidential) v. Vantage Point Technology, Inc.


    Jurisdiction: Federal
    Counsel: Winston & Strawn LLP
    Nature of Suit: Inter Partes Review – Patent

  • Tool Circle Inc. v. Nulinx International, Inc.


    Jurisdiction: State
    Counsel: Humphrey + Law
    Nature of Suit: Breach of Fiduciary Duty

  • Verso Paper LLC v. Go2Paper, Inc.


    Jurisdiction: State
    Counsel: Bass Berry & Sims PLC
    Nature of Suit: Intellectual Property – Patent

  • Next Gear IP LLC v. Capstone BPO and Rajesh Wadhwa


    Jurisdiction: State
    Counsel: Wayne Wisong, Esq.
    Nature of Suit: Breach of Contract

  • Nutri-Vet, LLC v. Dykas Shaver & Nipper, LLP


    Jurisdiction: State of Idaho
    Counsel: Hawley Troxell Ennis & Hawley, LLP
    Nature of Suit: Malpractice

  • Burgos v. The Regents of the University of California, et al.


    Jurisdiction: State of California
    Counsel: Walsh McKean Furcolo LLP
    Nature of Suit: Employment Discrimination

  • Breeze Ventures Management, LLC v The Evans School, Inc.


    Jurisdiction: State of California
    Counsel: Peretz & Associates
    Nature of Suit: Breach of Contract

  • Hill-Rom Company, Inc. v. General Electric Company


    Jurisdiction: Federal
    Counsel: Schiff Hardin LLP
    Nature of Suit: Intellectual Property – Patent Infringement

  • Golden Best Plumbing, Inc. v. Baghdasarian


    Jurisdiction: American Arbitration Association
    Counsel: Dack Marasigan LLP
    Nature of Suit: Trade Name Infringement

  • Green Lien Collections, Inc. v. Conexem LLC


    Jurisdiction: State of California
    Counsel: Vanderpool Law
    Nature of Suit: Breach of Contract

  • Dealercentric Solutions, Inc. v. Market Scan Information Systems, Inc.


    Jurisdiction: American Arbitration Association
    Counsel: Burkhalter Kessler Clement & George LLP
    Nature of Suit: Intellectual Property – Trade Secrets

  • YPP, Inc. v. Supermedia LLC


    Jurisdiction: U.S. District Court for the District of Kansas
    Counsel: Kirkland & Ellis LLP
    Nature of Suit: Intellectual Property – Copyright

  • AgJunction LLC v. Agrian, Inc., et al.


    Jurisdiction: U.S. District Court for the District of Kansas
    Counsel: Husch Blackwell LLP
    Nature of Suit: Intellectual Property – Trade Secrets

  • Patent Infringement Action


    Counsel: Bingham McCutchen LLP
    Nature of Suit: Intellectual Property – Patent

Technical Due Diligence

  • Class Pre-certification


    Technical analysis of mobile apps for video viewing information

  • Class Pre-certification


    Technical analysis of mobile apps for incognito mode

  • Class Pre-certification


    Technical analysis of mobile apps for pasteboard sharing

  • Confidential Public Company (Fortune 500)


    Source code review of startup for possible acquisition

  • Greenheart International


    Code quality audit of outsourced software project

  • Confidential/US Department of Health & Human Services


    Safety-related audit of source code for EMR system

  • Confidential Public Company ($200M Mkt Cap)


    Source code review of startup for possible acquisition

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