Arthur M. Keller, PhD — Minerva Consulting

Dr. Arthur M. Keller received his Ph.D. in Computer Science from Stanford University. Dr. Keller serves as a technical expert witness on patent infringement litigation, as advisor and board member to startups, and as a lecturer and researcher at the University of California at Santa Cruz. He was previously a researcher and lecturer at Stanford University. His expertise includes databases, electronic commerce, software, web and Internet technologies. (He can also help you find another expert if your case is not within his expertise.) He has worked on both plaintiff cases, testifying on both validity and infringement, and defense cases, testifying on both invalidity and non-infringement. He has testified at deposition, Markman tutorial, and trial, including videotaped testimony, testimony before a judge, and testimony before a jury, including in the Eastern District of Texas. He has written expert reports on infringement and validity, and invalidity and non-infringement, as well as declarations in support of motions and claim construction. He has already participated in inter partes review (IPR) with declarations and deposition testimony. His testimony has never been subject to a Daubert sanctions. He has also worked on declaratory judgment cases. His expert work has often resulted in favorable settlements without the need to go to trial.

In a recent Internet web patent case, the judge in his Markman ruling said, "Dr. Keller's description of the invention is perhaps the clearest and most comprehensive (to this lay reader, anyway) that I have encountered (meaning no offense to counsel, who have labored mightily to explain the invention to the court)."

In a patent case on database systems, his Markman tutorial was instrumental in getting the case dismissed in a motion for summary judgment following a favorable Markman ruling. This dismissal was mostly affirmed on appeal, with the one remaining issue later resolved.

In an e-commerce patent case, eBay Inc. v. MercExchange, LLC, he was initially responsible for one out of the three patents-in-suit, and wrote the declaration in support of the motion for summary judgment that resulted in this patent ruled invalid. Later in this case, he testified as both a fact and expert witness on the invalidity of another of the patents-in-suit. The U.S. Court of Appeals for the Federal Circuit's ruled that this patent was invalid. The issue of whether an injunction can be requested by a non-practicing entity for the infringement of the third patent was ultimately decided by the U.S. Supreme Court.

In a recent Inter Partes Review case on visual design for which Dr. Keller wrote a declaration in support of the petition, the patent challenged was found invalid on all grounds, citing him.

Dr. Keller was the plaintiff's technical expert in DDR Holdings, LLC, v. Hotels.com, L.P., et al. The Federal Circuit decision cites his testimony, as "DDR's expert," as justification for a computer software-implemented invention being patent-eligible subject matter.