At EPS, we specialize in providing comprehensive expert engineering services to support the intellectual property (IP) and litigation needs of our clients. With our deep technical expertise and legal acumen, we help businesses protect their innovations, navigate complex legal challenges, and achieve favorable outcomes in IP disputes and litigation matters.
Protect your intellectual property value with our expert guidance and strategic support.
Trade Secret Protection
Trade Secret Audits: Identifying and documenting trade secrets within your organization.
Protection Strategies: Implementing policies and practices to safeguard confidential information.
Misappropriation Risk Mitigation: Assessing vulnerabilities and advising on preventive measures.
Patent Analysis and Strategy
Patentability Assessments: Evaluating inventions for patent eligibility and potential prior art conflicts.
Freedom to Operate (FTO) Studies: Assessing the risk of infringing existing patents.
Patent Portfolio Management: Strategizing to build and maintain a strong IP portfolio.
Licensing and Technology Transfer
Licensing Agreements: Structuring and negotiating agreements to maximize value.
Royalty Valuation: Determining fair royalty rates based on market analysis.
Technology Commercialization: Assisting in bringing new technologies to market.
Intellectual Property Valuation
Valuation of IP Assets: Accurate appraisal of patents, trademarks, copyrights, and trade secrets.
Market Potential Analysis: Evaluating the commercial viability of IP assets.
Risk-Adjusted Income Forecasting: Financial projections considering market and operational risks.
Litigation Support and Expert Witness Services
Strengthen your legal team with EPS' technical expertise and strategic insights.
Technical Analysis for Litigation
Infringement Analysis: Assessing alleged patent, trademark, or copyright infringements.
Validity and Invalidity Studies: Evaluating the strength of IP assets in legal disputes.
Prior Art Research: Identifying existing technologies and publications relevant to the case.
Expert Witness Testimony
Clear and Credible Testimony: Presenting complex technical information in understandable terms.
Deposition and Trial Preparation: Collaborating with legal teams to prepare for proceedings.
Cross-Examination Support: Defending analyses under rigorous scrutiny.
Damage Assessment and Economic Analysis
Lost Profits Calculation: Quantifying financial losses due to infringement or misappropriation.
Reasonable Royalty Determination: Establishing appropriate compensation for unauthorized use.
Market Analysis: Assessing the competitive landscape and market impacts.
Discovery Assistance and Document Review
Technical Document Analysis: Reviewing and interpreting technical materials relevant to the case.
eDiscovery Support: Assisting in the identification and analysis of electronic evidence.
Rebuttal Reports: Critiquing opposing experts' analyses and providing counterarguments.
Regulatory Compliance and Standards
Compliance analysis to industry standards and regulatory requirements.
Compliance Consulting
Regulatory Guidance: Navigating laws such as the Defend Trade Secrets Act (DTSA) and Uniform Trade Secrets Act (UTSA).
Standards Interpretation: Understanding and applying standards from organizations like IEEE, ASTM, and ISO.
Policy Development: Crafting internal policies to maintain compliance and protect IP assets.
Technology Assessment and Innovation
Emerging Technologies: Evaluating new technologies for potential IP protection.
Competitive Intelligence: Monitoring industry trends and competitor activities.
Innovation Strategy: Aligning R&D efforts with business goals and IP opportunities.
Why Choose EPS for Intellectual Property and Litigation?
Technical Excellence and Legal Acumen
EPS delivers synergistic technical and financial expertise with a strong understanding of effective legal strategies.
Multidisciplinary Expertise: Engineers, appraisers, and certified investigators with extensive industry experience.
Certified Professionals: Licensed Professional Engineers, Accredited Senior Appraisers, and Certified Fire and Explosion Investigators.
Legal Experience: Proven track record in supporting high-stakes litigation and complex IP matters.
Customized Solutions for Complex Challenges
We tailor our services to meet your specific needs, ensuring that our strategies effectively address your challenges and objectives.
Client-Centered Approach: Collaborating closely to understand your goals and develop tailored solutions.
Strategic Insights: Providing actionable recommendations to protect and enhance your IP assets.
Global Perspective: Navigating international IP landscapes and regulations.
Proven Track Record of Success
EPS has a history of delivering successful outcomes for clients across various industries.
High-Profile Cases: Expertise in managing complex IP disputes and valuations.
Satisfied Clients: Numerous testimonials attesting to our effectiveness and professionalism.
Industry Recognition: Trusted by leading corporations and law firms worldwide.
Representative Engagements
A selection of EPS engagements across engineering, forensics, and valuation.
Complex IP Trade Secret Misappropriation and Contract Breach
Challenge
The intellectual property of EPS’s client, an advanced coating technology, was alleged to have been misappropriated by a former customer, a Fortune 500 industrial manufacturer.
Solution
EPS investigated and validated the client's claim of trade secret misappropriation, conducted a comprehensive valuation of the intellectual property, and calculated the total economic damages, which included lost sales and breach of contract damages.
Result
The multiyear litigation resulted in a jury award of $190 million for EPS’s client.
Intellectual Property Dispute Involving Global Licensing Fees
Challenge
A technology company developed a coal gasification process and transferred ownership to a major energy corporation, which subsequently failed to remit the agreed-upon license fees, leading to financial disputes and losses for the original developer.
Solution
EPS provided an expert valuation of the intellectual property and conducted a thorough analysis of licensing agreements to quantify the unpaid royalties. EPS also uncovered concealed assignments and discrepancies in reported revenues.
Result
EPS's findings supported the technology company in pursuing compensation, highlighting the extent of unpaid royalties and ensuring clarity in the valuation of the intellectual property assets.
Wind Energy Project Asset Valuation and Trade Secret Dispute
Challenge
Two energy development firms were in dispute over the valuation of wind project assets and alleged misappropriation of trade secrets involving wind data.
Solution
EPS investigated wind energy project development assets, assessed the contractual obligations under an asset purchase agreement, examined the claims of trade secret misappropriation, and appraised the financial impacts of the contracts and corresponding breaches.
Result
EPS's expert renewable energy analysis clarified asset ownership and appraised the financial value owed for the use of the project assets. This facilitated the rightful owner to secure compensation and successfully counter unsupported claims from the opposing party.
Solar Energy Technologies and Misappropriation of Trade Secrets
Challenge
A solar energy technology company faced allegations of trade secret misappropriation related to proprietary solar panel technologies, with conflicting narratives around the value and confidentiality of the claimed information.
Solution
EPS conducted an in-depth forensic investigation, analyzing whether the designated documents met trade secret criteria and appraising the economic value of the alleged misappropriated technologies.
Result
EPS demonstrated that the purported trade secrets were largely obsolete, publicly known, or lacked independent economic value, significantly weakening the claimant's case. This contributed to a favorable arbitration outcome by effectively disputing and vast dismissal of the $34 million in claims.
A global energy firm faced significant discrepancies in the valuation of their first-of-a-kind IsoAlky Retrofit Project by a taxing authority, which did not account for atypical costs associated with the pioneering energy technology.
Solution
EPS conducted a detailed technical assessment and financial appraisal of the first-of-a-kind technology, distinguishing typical from atypical expenses in the $560 million construction, and applied fair market value principles to establish the correct valuation.
Result
EPS’s analysis demonstrated the proper taxable value of the construction work in progress (CWIP), significantly reducing the client's ad valorem assessment by correcting the inflated valuation initially set by the taxing authority.
Technology and Equipment Provider for Renewable Waste-to-Energy Facility
Challenge
A renewable municipal waste-to-energy technology and equipment provider faced allegations of design defects, including faulty equipment, poor operational controls, unwanted byproducts, and inconsistent environmental emissions.
Solution
EPS conducted a detailed engineering analysis of the technology and equipment to determine and confirm its superior performance while identifying severe issues with the owner’s equipment, processing out-of-specification waste materials, poor water treatment, and unreliable environmental controls.
Result
EPS determined the root causes of the owner’s operational issues, enabling effective operational changes and eliminating alleged rectification works and damages, thereby saving substantial costs for the technology provider and facility owner.
Technical Investigation and Financial Appraisal of Equipment Failure and Facility Shutdown
Challenge
A steel mill facility experienced chronic materials handling and operational issues, including a catastrophic collapse and shutdown during a severe snowstorm.
Solution
EPS conducted a thorough engineering and equipment maintenance assessment, including site inspections and an appraisal of the equipment and blast furnace operations.
Result
The evaluation determined negligible damages to the client, a controls and equipment supplier, providing a clear quantification of risks for the resolution of the dispute through impartial engineering and appraisal analysis.
Technical and Financial Appraisal of World-Class Fuel Gasifier Technology
Challenge
An energy technology developer encountered allegations of design defects and material and liquidated damages from a customer.
Solution
EPS conducted an in-depth forensic investigation of the gasifier technology, including engineering reviews and appraisals of the equipment value at different stages of its technology lifecycle.
Result
EPS provided expert testimony that demonstrated no evidence of the alleged defects, supporting a favorable resolution of approximately $70 million for the client and substantiation of the energy conversion technology’s continued fair market value.
Technical Evaluation of Renewable Energy Technology Performance
Challenge
A renewable energy biomass cogeneration plant experienced operational deficiencies, including multiple fires, leading to disputes over the provided technology’s design and performance.
Solution
EPS conducted a forensic investigation, assessed the materials handling and quality, and evaluated the technology’s energy-generating performance.
Result
EPS’s forensic analysis established the absence of design deficiencies, demonstrated the contractual compliance of the technology, and identified the owner’s operational inefficiencies, thereby dismissing the litigation.
Oxygen-Enriched Technology Explosion at Steel Mill
Challenge
A steel production facility experienced a catastrophic explosion in an oxygen-enriched atmosphere technology, resulting in the tragic deaths of two workers and serious injuries to another.
Solution
EPS conducted a forensic investigation detailing the failed components and performed an effective root cause analysis of the metallurgy and operating conditions, determining the origin and cause of the worker's injuries and deaths.
Result
The technology provider and associated defendants provided compensation to the estates of the deceased and injured workers.
Explosion Blast Wave Determination for Injured Houston Neighborhood
Challenge
In 2020, an explosion at an industrial facility resulted in three deaths and damaged over 1000 properties in a significant radius of Houston neighborhoods.
Solution
EPS, leveraging its leading forensic methodologies, including advanced computational fluid dynamics (CFD), quantified the effects of the explosion, including blast wave propagation through the neighborhoods.
Result
Immediately after the analysis was presented, EPS clients obtained a settlement of $52 million plus undisclosed amounts for approximately 2200 claimants for injuries and damages to their homes.
Engineering Expertise Overcomes Data Gaps in Renewable Ethanol Explosion Investigation
Challenge
A devastating explosion at a farm silo resulted in significant structural damage and loss of life, with renewable ethanol and fermentation-related causes suspected. However, critical production data and laboratory samples were not preserved by the owner, complicating the investigation.
Solution
EPS engineers performed forensic analyses, including debris mapping, blast force calculations, and process evaluations, to identify the origin and cause of the explosion. EPS’s investigation confirmed the presence of ethanol that had been improperly handled during the biofuel production supply chain.
Result
The investigation determined biofuel manufacturing operational missteps, key safety protocol violations, and destruction of data, resulting in a pre-trial award for the deceased’s family.
What Clients Say
“John is the smartest guy in the room and he pairs that intellect with an approachable demeanor and a keen feel for the intricacies of complex litigation that is extremely rare in a consultant/expert at his level. With his multi-disciplinary expertise, he is constantly looking for new angles and seems to deliver every time.”
Leading Litigator, National Law Firm
“John and his team are amazing. They took one of the most scientifically complicated cases I’ve ever been involved in and truly figured out what happened. That was hard enough to do, but perhaps where they really shined was in explaining that science — first to me so that I could effectively question witnesses, and then in deposition — in a way and at a level that those of us who are not engineers could understand and follow.”
Rip Andrews, Partner at Marsh, Rickard & Bryan
“We worked with Dr. John Williams and the team at EPS over the course of a long-running and high-value dispute in the Supreme Court of Victoria in Australia. John’s vast depth of knowledge, keen intellect, and ability to convey complex ideas simply and succinctly was an invaluable asset in the litigation. John was able to educate the legal team and, through his expert reports to the Court and the Judge about the intricacies of the dispute. What’s more, he and his team were a pleasure to work with and produced consistently high-quality reports in a time and cost-effective manner. We felt incredibly well supported by the team at EPS and would not hesitate to work with them again”
Andrew Stephenson, Partner and National Head of Projects & Jey Nandacumaran, Senior Associate, Corrs Chambers Westgarth
“In the world of startups, everything needs to be fast-tracked, because generally, it’s the first product for your company. If it doesn’t work your company is dead, so you look for reliability, speed and cost. And EPS has delivered all three more than once.”
Pat Simms, Global VP, Renewable Chemicals and Biofuels Developer
Industries We Serve
Energy and Renewables
Chemicals, Coatings, and Materials Science
Technology and Software
Pharmaceuticals and Biotechnology
Electronics and Semiconductors
Automotive and Aerospace
Manufacturing and Industrial Equipment
Consumer Products
Our Services Include
Intellectual Property Consulting
Patentability Assessments
Freedom to Operate Studies
IP Portfolio Management
Trade Secret Protection Strategies
Litigation Support
Technical Analysis and Expert Reports
Expert Witness Testimony
Discovery Assistance and Document Review
Damage Assessment and Economic Analysis
Valuation Services
Valuation of Patents and Trade Secrets
Royalty Rate Determination
Market Potential and Competitive Analysis
Risk-Adjusted Financial Forecasting
Regulatory Compliance and Standards
Compliance with DTSA and UTSA
Standards Interpretation (IEEE, ASTM, ISO)
Policy Development and Training
Technology Assessment and Innovation
Emerging Technology Evaluation
Competitive Intelligence Gathering
Innovation Strategy Development
About Dr. John A. Williams
A Leader in Intellectual Property and Litigation Support
Dr. John A. Williams, PE, ASA, MBA, CFEI, AIChE Fellow, is the founder and General Manager of EPS. With over 40 years of operations, engineering, and construction experience, Dr. Williams is a recognized expert in the engineering analysis and financial appraisal of energy, power, and manufacturing technologies.
With over 40 years of experience, Dr. Williams offers unparalleled expertise in technical analysis, IP valuation, and litigation support. His ability to distill complex technical details into clear, actionable insights makes him a valuable asset in any legal context.
Credentials
Accredited Senior Appraiser (ASA) by the American Society of Appraisers in Machinery & Technical Specialties: Energy, Environmental, and Manufacturing Technologies.
Certified Fire and Explosion Investigator (CFEI) by the National Association of Fire Investigators.
Fellow of the American Institute of Chemical Engineers (AIChE Fellow).
PhD in Chemical and Fuels Engineering from the University of Utah
