Sam Malek - Software Expert Witness

Sam Malek, PhD

Computer Scientist

Sam Malek is a Professor in the School of Information and Computer Sciences at the University of California at Irvine and a member of the Informatics Department. He is the director of Software Engineering and Analysis Laboratory and a member of DARPA’s Computer Science Study Panel.

He was previously an Associate Professor in the Computer Science Department at George Mason University (GMU), where he was the director of GMU’s Software Design and Analysis Laboratory.

Prior to his academic appointments, Sam Malek worked as a software engineer in a variety of roles and on the development of numerous industrial software systems. Malek has experience with testifying in both jury trial and deposition as an expert witness in the fields of computer science and software engineering. He has served as a computer science expert witness and drafted numerous reports in high-stakes intellectual property infringement, breach-of-contract, and software dispute matters.

As a renowned computer science expert, he has published on a variety of topics, served on the panel of many scientific boards and journals, and frequently spoken at scientific gatherings.

Summary of Qualifications

  • Has been deposed and testified as a computer science expert witness at trial numerous times.
  • Internationally known in the computer science research community for his extensive scientific contributions in the fields of software engineering and distributed systems
  • Managed research projects with more than four million dollars in funding, sponsored by both government and private sector.
  • Worked as a software engineer in a variety of roles in several industrial organizations prior to his academic appointment as a professor.
  • Conducts research in the field of software engineering, spanning the areas of software design and architecture, smartphone and mobile computing, Internet and web technologies, middleware, service oriented computing, autonomic computing, software dependability and security, and distributed and embedded systems.
  • Authored more than 70 manuscripts published in peer-reviewed scientific conferences and journals.
  • Frequently serves as organizer, program committee member, and speaker at premier scientific gatherings and conferences (currently an associate editor of the IEEE Transactions on Software Engineering).
  • Received his Ph.D. and MS degrees in Computer Science from the University of Southern California and his B.S. degree in Information and Computer Science from the University of California Irvine.
  • Has received numerous awards for his scientific contributions, including the National Science Foundation CAREER award and GMU Computer Science Department Outstanding Faculty Research award.
  • Member of the Association for Computing Machinery (ACM), ACM Special Interest Group on Software Engineering (SIGSOFT), and the Institute of Electrical and Electronics Engineers (IEEE).

Areas of Expertise

  • Programming languages and platforms

    Java, C/C++, C#, Python, Perl, PHP, JavaScript, JSP, Eclipse, Visual Studio, .NET, Java EE, CORBA, Enterprise JavaBeans

  • Mobile devices and applications

    Android, iOS, iPhone

  • Operating systems and servers

    UNIX, Linux, Windows, Mac OS, Apache

  • Databases

    RDBMS, SQL, MS SQL Server, Oracle, MySQL

  • Development methods

    Lean software development, agile, object-oriented, aspect-oriented programming, component-based development, COTS integration, requirements engineering, spiral model, and UML

Litigation Experience

  • The Hertz Corporation v. Accenture LLP


    Counsel: Wiggin and Dana LLP
    Nature of Suit: Intellectual Property – Breach of Contract

  • Ameranth v. Pizza Hut, Inc., et al.


    Counsel: Caldarelli Hejmanowski Page & Leer LLP, Fabiano Law Firm, P.C., Osborne Law LLC, and Watts Law Offices
    Nature of Suit: Intellectual Property – Patent

  • IPA Technologies, Inc. v. ZTE  (USA). Inc.


    Counsel: Rocke Brinks Gilson & Lione
    Nature of Suit: Intellectual Property – Patent

  • Financial Information Technologies Inc. v. IControl Systems, USA, LLC


    Counsel: Rocke McLean Sbar
    Nature of Suit: Intellectual Property – Trade Secret

  • Ford Motor Company v. Versata Software, Inc., F/K/A Trilogy Software, Inc.


    Counsel: Ahmad, Zavitsanos, Anaipakos, Alavi, and Mensing P.C.
    Nature of Suit: Intellectual Property – Patent

  • Financial Information Technologies Inc. v. Mark Lopez


    Counsel: Rocke McLean Sbar
    Nature of Suit: Intellectual Property – Trade Secret

  • Alexander Yershov v. Gannett Satellite Information Network, Inc. d/b/a USA Today


    Counsel: ZwillGen PLLC
    Nature of Suit: Class Action

  • Chrome Systems Inc. v. Internet Brands Inc., Autodata Solutions Inc., et al.


    Counsel: Wachtel, Lipton, Rosen & Katz
    Nature of Suit: Arbitration, Software License Dispute

  • TiVo Inc. v. Samsung Electronics Co., Ltd., et al.


    Jurisdiction: Eastern District of Texas
    Counsel: Irell & Manella LLP
    Nature of Suit: Intellectual Property – Patent

  • Lenovo Adware Litigation


    Jurisdiction: Northern District of California, San Jose Division
    Counsel: K&L Gates
    Nature of Suit: Class Action

  • Ericsson Inc., et al. v TCL Communication Technology Holdings, LTD, et al.


    Jurisdiction: Eastern District of Texas; USPTO Patent Trial and Appeal Board
    Counsel: Sheppard Mullin Richter & Hampton LLP; Morgan, Lewis, and Bockius LLP
    Nature of Suit: Intellectual Property – Patent
    Deposed on February 1, 2016; April 14, 2016

  • STAR CO Ranger Digital, LLC v. Microsoft Corporation, et al.


    Jurisdiction: Eastern District of Texas, Marshall Division
    Counsel: Klarquist Sparkman, LLP
    Nature of Suit: Intellectual Property – Patent

  • YYZ, LLC v. Hewlett-Packard Company


    Jurisdiction: District of Delaware
    Counsel: Kenyon and Kenyon
    Nature of Suit: Intellectual Property – Patent

  • Data Engine Technologies LLC v. International Business Machines Corporation


    Jurisdiction: Eastern District of Texas, Tyler Division
    Counsel: Ahmad, Zavitsanos, Anaipakos, Alavi, and Mensing P.C.
    Nature of Suit: Intellectual Property – Patent
    Deposed on November 23 and 24, 2015

  • Rockstar Consortium US LP and Netstar Technologies LLC v Google Inc.


    Jurisdiction: Eastern District of Texas, Marshall Division
    Counsel: Quinn Emanuel Urquhart & Sullivan LLP
    Nature of Suit: Intellectual Property – Patent

  • Optimum Content Protection LLC v. Microsoft Corporation


    Jurisdiction: Eastern District of Texas, Tyler Division
    Counsel: Fish and Richardson P.C.
    Nature of Suit: Intellectual Property – Patent

  • Alarm.com Inc. v. iControl Networks Inc.


    Jurisdiction: United States Patent and Trademark Office, Patent Trial and Appeal Board
    Counsel:  Fish and Richardson P.C.
    Nature of Suit: Intellectual Property – Patent

  • Thought Inc. v. Oracle Corporation


    Jurisdiction: United States Patent and Trademark Office, Patent Trial and Appeal Board
    Counsel: Sughrue Mion PLLC
    Nature of Suit: Intellectual Property – Patent
    Deposed on August 25 and 26, 2014

  • Steve Morsa v. Facebook Inc.


    Jurisdiction: Federal District Court, Central District of California
    Counsel: Bragalone Conroy PC
    Nature of Suit: Intellectual Property – Patent

  • United States of America v. Alexander Rousseau


    Jurisdiction: Southern District of Florida
    Counsel: U.S. Department of Justice
    Nature of Suit: Criminal
    Testified at trial on July 15, 2014

  • Clori Isaac v. Geo. Mijilem & Co., Inc.


    Jurisdiction: Superior Court of California, County of Los Angeles
    Counsel: Selman Breitman LLP
    Nature of Suit: Class Action

  • Miants, LLC, et al. v. Kevin Lasser, et al.


    Jurisdiction: State of Michigan, Oakland County Circuit Court
    Counsel: Mantese, Honigman, Rossman & Williamson, P.C.
    Nature of Suit: Intellectual Property

  • Motorola Mobility Inc. v. Apple Inc.


    Jurisdiction: U.S. District Court for the Southern District of Florida
    Counsel: Quinn Emanuel Urquhart & Sullivan LLP
    Nature of Suit: Intellectual Property – Patent

  • iControl Networks Inc. v. Alarm.com Inc., et al.


    Jurisdiction: U.S. District Court for the Eastern District of Virginia
    Counsel: Cravath, Swaine & Moore LLP
    Nature of Suit: Intellectual Property – Patent
    Deposed on December 13, 2013

  • United States ex rel. Hooper v. Lockheed Martin Corp.


    Jurisdiction: U.S. District Court for the Central District of California
    Counsel: The Cullen Law Firm PLLC
    Nature of Suit: False Claims Act

  • Lotchinbek Samatov, Jakhongir Samatov, and SSD Software Solutions v. AirShowBuzz


    Jurisdiction: Superior Court of California for the County of Los Angeles Central District
    Counsel: Michelman & Robinson LLP
    Nature of Suit: Breach of Contract

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