Legal Court Cases Expert Witness
Biometric IP, Patents and Trade Secrets;
Biometric Data privacy, Data Protection, Data use; and
Biometric samples, fingerprints and facial recognition criminal evidence analysis
Our 30+ years of experienced team join your legal team as subject matter experts led by Dr. Bavarian to carry out the analysis of evidence, Review prior art, prepare expert declaration reports for the Court, carry out depositions, Answer the Court questions (from the Judge and Jury) and attend in witness stand for your legal case.
Dr. Bavarian is a pioneer, leader, innovator and authority in the field of Biometrics Identification. His original patents, inventions, and products have formed the foundation of biometrics identification industry primarily in fingerprint, facial and iris recognition. He has participated in the industry standards development and actively promoted the standards in North American and International markets leading to the growth of the industry.
Dr. Bavarian background spans expert knowledge in Computer Systems, Electronic Systems and Solutions core engineering sciences and practices. His research and development expertise Include area of: Computer Vision, Digital Image Processing, Pattern Recognition, Artificial Intelligence, and Intelligent Systems. Dr. Bavarian has earned his PhD in Electrical and computer engineering from The Ohio State University. He was a former professor at University of California, Irvine with research and teaching in signal processing, sensors and components, computer vision and intelligent control system design, with over 100 technical publications, book chapters, patents, and presentations.
Below is the summary list of Legal Cases expert witness projects covering all aspect of engagement: case evidence processing and analysis, writing reports, writing declarations, participate in depositions, direct communication with the Judge, investigate and research Judges’ questions, witness stance and testimony under oath, cross-questioning by the plaintiff and defense counsels and testimony in jury trial.
1. BIPA – Illinois class action lawsuit – Expert witness opposing BIPA. Brewer Vs. Pepperidge Farm/Campbell Soup Corp. Circuit Court of Cook County Illinois – Case No. 2022CH04868, 2023/2024 – Plaintiff files under BIPA class action for bakery workers using the Hand Geometry access control. Expert Witness prepared a technical report about the product and the system used opining that the device does not entail measurement of biometric identifiers and carries biometric identification per the provisions in the Illinois BIPA statute.
2. Surveillance Video Facial Recognition and Comparison Case; 2023 – Superior Court of California, County of Humboldt – Case No. CR2302355. Defendant is charged with felony violation of 2nd degree robbery. Expert is to review discovery, consult with defense counsel, take photos of defendant, provide statistical data analysis, and provide expert witness report.
The expert task will involve processing the incident location surveillance video and photos of the accused individual provided to him to determine the likelihood of whether the person in the video the same person in the photos. The expert work is like the Ring Doorbell Video Robbery case below. Completed and submitted the Expert Witness Report to the Counsel.
3. Ring Doorbell Video Facial Recognition and Comparison Case; 2022 – Client is accused of being the individual recorded breaking into a house on a Ring doorbell video. The expert will process the Ring video and photos of the individual provided to him to determine the likelihood of whether the person in the video the same person in the photos is. The case involved extensive video processing and enhancement, individual frame capture and image enhancement, image segmentation and facial features detections and analysis, statistical data analysis and final evidence presentation with the expert report. Completed and submitted the Expert Witness Report to the Counsel.
4. Time-Clock Fingerprint Biometric Capture Data Privacy Case, Illinois, (BIPA-related case), 2020 – Expert witness for the Defendant. Plaintiffs/Client is filing the case against the company that has started using timeclock tracking system with the Fingerprint biometric registration and authentication. This is at the core of the Illinois Biometrics Information Privacy Act, for protection of personally Identifiable Information. A technical expert report for the end-to-end process including the biometric identifiers used, processing, storage and use cases, was completed and submitted to the Counsel.
5. Time-Clock Alternative Biometric Capture Data Privacy Case, Illinois, (BIPA-related case), 2019 – Client is filing the case against the company that has started using a new timeclock tracking system with the biometric registration and authentication. The case involves the use of particular biometric using hand scan. The issues are the reliability of the technology, the potential error rates, exposure of the personal data collected including both biographic and biometrics (name, DOB, Employee number, social security number, etc. plus the person personal physiological trait), opening the door for leak of the private data, loss of privacy and misuse of the data collected and scope of data use under the BIPA rules in State of Illinois. A technical expert report for the end-to-end process including the biometric identifiers used, processing, storage and use cases, was completed and submitted to the Counsel. The case has been settled outside of court.
6. Facial Recognition Expert Witness – Unauthorized use of likeness character in a well-established video game, Individual celebrity vs. Epic Games/ Microsoft Studios, 2018 – Key witness to investigate the likeness of the character used I the video game using facial recognition technology, facial features landmark analysis, applying standard industry trade analytics. Prepared multiple reports, responses to the defendant counter claims, responses to the defendant key witness arguments, and two-days of dispositions.
7. Facial Recognition Subject Matter Expert – Initial evaluation and assessment for Facebook Class Action law Suite from State of Illinois, (BIPA-related case), 2017-Review the reports from the technical experts and provided direction to complete the reports and investigation of the source code, key core science and outlined the key questions for the court.
8. Expert for analysis of video surveillance clips for International Extradition Case, 2017 – Review of legal documents and associated Police and Court documents for extradition case. The case involved biometric facial recognition use, apply computer vision and image processing, pattern recognition to assess the data content of the images and viability of the measurements to make a positive or negative conclusion of the person in the videos. Prepared declaration statement with documented scientific evidence for the defendant attorney.
9. Expert Witness for analysis of video surveillance clips for a Murder Trial Case, 2017 – Review of five surveillance video clips, apply computer vision and image processing, pattern recognition to assess the data content of the images and viability of the measurements to make a positive or negative conclusion of the person in the videos. Appeared in the court with the Judge and both side attorneys and presented testimony and answered questions in the witness stand. Daniel Lopez Case, Solano County Office of Public Defenders, California
10. Expert Witness for analysis of video surveillance clips for a Murder Trial Case, 2015 – Review of a dozen surveillance video clips, apply computer vision and image processing, pattern recognition to assess the data content of the images and viability of the measurements to make a positive or negative conclusion of the person in the videos. Levering Case, Nebraska.
11. Legal Action Securities and Exchange Commission vs. e-Smart Technologies, Inc., 2014 – Expert witness for the Defendants. SEC allegation of fraudulent statements made by the Company – core technology IP and patent review and production and product viability - question on the technical correctness of the Company biometric smart card claims in marketing materials. Work involved review of the Company IP, Interview Company CTO and experts, review SEC documents and attend the deposition called by SEC.
12. Misidentification Case, 2013 – Expert witness to apply and carry out facial recognition assessment in the case of two bank clients and denial of service and access to their accounts. United States District Court, Southern District of New York: Case Non. 1:11-cv-01266 (SAS); Plaintiffs: Sheryl Wultz, et al on behalf of two individuals vs. Defendant: Bank of China, LTD. Completed the Facial Recognition Analysis Report and Submitted to the plaintiffs’ Council.
13. Verification of Identity Case, 2012 – Facial Recognition subject matter expert to assess and verify the person attended the court in the case of the Gu Kaili (wife of Bo Xillais, former china Premier); Client Geoffrey R. Sant from Dorsey & Whitney LLP, New York.
14. Contract Legal Case, 2011 – Facial recognition case for unauthorized use of the client pictures in an advertisement. Analysis completed and submitted to the client attorney.
15. First Legal Precedent case for use of Surveillance Video Analysis and Facial Recognition in the US Judicial System - Criminal Case, 2010 - San Francisco Superior Court, Case number 2429070. Expert witness for the case involving facial image comparison and facial recognition biometrics. This has become the first court case for presenting such a testimony in courts. The core issue is the comparison of a person picture from a surveillance video with high quality mugshot picture and determining whether they are the same person or not. I have prepared four reports on defining the science and the methodology and then the analysis and answers to the Judges question. Judge requested an in-person presentation and Q&A to make a ruling on DA request to disallow my testimony. After four hours of detail Q&A in witness stance, the Judge denied the motion by the DA and approved my testimony to be presented to the jury. I gave my testimony to the Jury and the DA brought FBI Lab Facial Forensic expert as their expert to counter my points.