Case Experience

Software Expert Witness and Litigation Support Services

We have extensive software-related litigation experience on behalf of both plaintiffs and defendants, as testifying experts as well as consultants.

Select Expert Witness Cases

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Lewis and Clark Outdoors, Inc. vs. L.C. Industries, Inc.

Cause No: 5:07-CV-05164-JLH
Jurisdiction: United States District Court for the Western District of Arkansas, Fayetteville Division
Description: Consulting and testifying expert on state court case involving infringement/theft of trademark and trade dress.
Years: 2009

Bridgetree, Inc. et al. vs. Red F Marketing LLC et al.

Cause No: 3:10-cv-228-FDW-DSC
Jurisdiction: US District Court for the Western District of North Carolina
Description: Consulting and testifying expert for Defendants in Federal Court case involving alleged misappropriation of software trade secrets and copyright infringement.
Years: 2011 2012 2013
Link: Read Case Pleadings

Variant Holdings, LLC and Variant, Inc. vs. TravelClick, Inc.

Cause No: 3:12-cv-00708
Jurisdiction: US District Court for the Western District of Wisconsin
Description: Consulting and testifying expert for Defendant in Texas Federal Court case involving infringement of software patents covering emote kiosk marketing in the travel industry.
Years: 2013
Link: Read Case Pleadings

Automotive

General Parts, Inc. (Carquest Auto Parts) vs. Internet AutoParts, Inc

Cause No: 1:08-cv-0313-SS
Jurisdiction: US District Court for the Western District of Texas, Austin Division
Description: Consulting and testifying expert in federal court case involving comparison and analysis of software products against contract requirements and specification.
Years: 2009
Link: Read Case Pleadings

Broadcasting

DDB Technologies LLC vs. Yahoo! Inc.

Cause No: 1:10-cv-00273-JRN
Jurisdiction: US District Court for the Western District of Texas, Austin Division
Description: Consulting and testifying expert for Defendants in Federal Court case involving alleged infringement of involving live sporting event broadcasting technology.
Years: 2011
Link: Read Case Pleadings

Cloud Software

e-BackgroundChecks.com, Inc. vs. Deverus, Inc.

Cause No: D-1-GN-06-003497
Jurisdiction: 261st Judicial District Court of the State of Texas, Travis County
Description: Consulting and testifying expert on state court case with focus on determining whether software trade secrets misappropriated by employee had been integrated into subsequent employer’s competitive software product.
Years: 2006

Universal Background Screening, Inc. vs. Deverus, Inc.

Description: Consulting and testifying expert on state court case with focus on determining whether software trade secrets misappropriated by employee had been integrated into subsequent employer’s competitive software product.
Years: 2007

Enterprise

Intellectual Ventures I LLC et.al. vs. Symantec Corp.

Cause No: 13-cv-440-LPS
Jurisdiction: US District Court for District of Delaware
Description: Consulting and testifying expert in software patent infringement case in Delaware Federal Court.
Years: 2013
Link: Read Case Pleadings

JurisDictionUSA, Inc. vs. Loislaw.com, Inc. and Aspen Publishers, Inc., et.al.

Cause No: CV-2002-115 (II)
Jurisdiction: Circuit Court of Crawford County, Arkansas, Civil Division
Description: Consulting and testifying expert on significant state court case involving historical reconstruction and testing of legal software product and analysis and testimony concerning the performance of such software product against contract specifications.
Years: 2007 2008

Planview, Inc. vs. Computer Associates International Inc.

Cause No: D-1-GN-06-001382
Jurisdiction: 345th Judicial District Court of the State of Texas, Travis County
Description: Consulting and testifying expert on state court case involving misappropriation of software trade secrets by key personnel and the comparison of each party’s complex proprietary software systems in order to determine if misappropriation occurred. Case resulted in one of the largest monetary settlements of its kind in Texas in favor of our client.
Years: 2007 2008

Scienton Technologies, Inc. et.al. vs. Computer Associates International, Inc.

Cause No: 04 Civ. 2652 (JS) (ETB)
Jurisdiction: US District Court for the Eastern District of New York
Description: Consulting and testifying expert for plaintiffs in case involving dispute between former joint development partners over alleged misappropriation of trade secrets and know-how and breach of collaboration and confidentiality agreements. Federal district court case involving Sharepoint and enterprise data storage solutions.
Years: 2010 2011 2012 2013
Link: Read Case Pleadings

International Business Machines Corporation vs. BGC partners, Inc.

Cause No: 1:10-cv-00128
Jurisdiction: US District Court for the Southern District of New York et al.
Description: Consulting and testifying expert for defendants in software licensing case in Federal District Court in New York.
Years: 2010 2011
Link: Read Case Pleadings

Avepoint, Inc. vs. Janalent Corporation

Cause No: 2:09-cv-03694-SDW-MCA
Jurisdiction: US District Court for the District of New Jersey
Description: Consulting and testifying expert in federal court case (District of New Jersey) involving misappropriation of trade secrets and breach of contract related to enterprise document management software.
Years: 2009 2010 2011

SFA Systems, LLC vs. Bigmachines, et al.

Cause No: 6:10-cv-300-LED
Jurisdiction: US District Court for the Eastern District of Texas, Tyler Division
Description: Consulting and testifying expert for Plaintiff in case involving infringement of patent related to sales force automation systems and software.
Years: 2010 2011
Link: Read Case Pleadings

SFA Systems, LLC vs. 1-800-Flowers.com, Inc., et al.

Cause No: 6:09-cv-340-LED
Jurisdiction: US District Court for the Eastern District of Texas, Tyler Division
Description: Consulting and testifying expert for Plaintiff in case involving infringement of patent related to sales force automation systems and software.
Years: 2010 2011
Link: Read Case Pleadings

Vertical Computer Systems, Inc. vs. LG Electronics Mobilecomm U.S.A., Inc. et.al.

Cause No: 2:10-cv-490
Jurisdiction: US District Court for the Eastern District of Texas, Marshall Division
Description: Consulting expert for Defendant in Texas Federal Court case involving alleged patent infringement.
Years: 2013

Finance

Jatin Suryawanshi, Partha Sarkar, and Sanjay Girdhar vs. UBS AG and UBS Securities LLC, FNRA

Cause No: Case No. 09-02568
Jurisdiction: arbitration before the Financial Industry Regulatory Authority
Description: Consulting and testifying expert in FINRA Arbitration involving alleged misappropriation of trade secret, software, comparison and analysis of each party’s complex financial/trading software systems, and forensic review of computer hardware systems to determine access to and existence and transfer of trade secrets.
Years: 2009 2010

Charles Moon and AISoft, Inc. vs. Infoglide Corporation

Cause No: D-1-GN-07-000747
Jurisdiction: 353rd Judicial District Court of the State of Texas, Travis County
Description: Consulting and testifying expert on state court case involving retention of trade secrets and other intellectual property rights by key employees and forensic and comparative determination of whether such employees brought the trade secrets and intellectual property to their subsequent employer.
Years: 2007 2008

2-Wire, Inc. vs.

Description: Consulting expert related to review and analysis of product economic life for large telecommunications equipment manufacture for use in creating revenue recognition model complying with generally accepted accounting principles.
Years: 2008

Epic Merchant Management, Inc., et.al. vs. West Oaks Energy, LP, et.al.

Cause No: 2009-63172
Jurisdiction: 281st Judicial District of the State of Texas, Harris County
Description: Consulting and testifying expert for plaintiff/employer in case involving alleged misappropriation of software trade secrets, breach of employment contract, breach of fiduciary duty and fraud. Texas state court case involving proprietary energy trading systems software.
Years: 2010

Phoenix Licensing, LLC et al. vs. United National Corporation, First Premier Bank, and Premier Bankcard, LLC et al.

Cause No: 2:11-cv-00286
Jurisdiction: US District Court for the Eastern District of Texas, Marshall Division
Description: Consulting and testifying expert for Defendants in US District Court, Eastern District of Texas case involving alleged banking software patent infringement.
Years: 2013
Link: Read Case Pleadings

MSCI Inc. et al vs. Philip Jacob, Axioma, Inc. et al.

Cause No: Index No. 651451/2011
Jurisdiction: Supreme Court of the State of New York, New York County
Description: Consulting and testifying expert for Defendants in New York Supreme Court case involving alleged misappropriation of trade secrets related to multi-asset investment portfolio risk management software.
Years: 2012 2013

First Bank & Trust vs. Gulf Coast Bank & Trust et.al.

Cause No: 2:12-cv-02265-NJB-DEK
Jurisdiction: United States District Court Eastern District of Louisiana
Description: Consulting and testifying expert for Defendants in case involving misappropriation of trade secrets in banking software in Louisiana Federal Court.
Years: 2013
Link: Read Case Pleadings

Hardware

CAM Technologies, Inc. and CAM Technologies IP Holdings, LLC vs. Compressed Air Network, Ltd. et al.

Cause No: 1:10-cv-00664-CCB
Jurisdiction: US District Court for the District of Maryland, Baltimore Division
Description: Consulting expert in software copyright infringement and trade secret misappropriation case in Federal District Court in Maryland.
Years: 2010 2011 2012
Link: Read Case Pleadings

Healthcare

My485, Inc vs. Riverside Partners, LLC et al.

Cause No: 067-251767-11
Jurisdiction: 67th Judicial District of the State of Texas, Tarrant County
Description: Consulting and Testifying expert for Defendants in Texas State Court case involving alleged misappropriation of trade secrets related to healthcare and medical record related software.
Years: 2011 2012 2013

Anue Systems, Inc. vs. Sameer Gupta and Giganet Systems, Inc.

Cause No: D-1-GN-11-000438
Jurisdiction: 126th Judicial District of the State of Texas, Travis County
Description: Consulting and testifying expert for Plaintiff in Texas State Court case involving alleged misappropriation of trade secrets related to network switching and security technology.
Years: 2012

Macro Niche Software, Inc. et.al. vs. 4 Imaging Solutions, LLC et.al.

Cause No: 4:12-cv-02293
Jurisdiction: US District Court for the Southern District of Texas, Houston Division
Description: Consulting and testifying expert for Defendants in Texas Federal Court case involving copyright infringement related to medical device management software.
Years: 2013
Link: Read Case Pleadings

Insurance

Herbert and Marlene Singer Living Trust, et.al. vs. The Travelers Lloyds Insurance Company and First Texas Insurance Services, LLC

Cause No: 6:09-CV-63
Jurisdiction: United States District Court for the Eastern District of Texas, Tyler Division
Description: Consulting and Co-Defendant Travelers over existence of e-mail communication. Provided in-depth forensic inquiry into each party’s primary and back-up IT systems to determine whether e-mail was sent and/or received.
Years: 2009 2010
Link: Read Case Pleadings

Military & Defense

Quadrus Corp vs. Criley and Cohesion Force, Inc.

Cause No: CV 2009 901370
Jurisdiction: 123rd State Judicial Circuit Court of Alabama, Madison County
Description: Consulting expert for plaintiff in copyright infringement and trade secret misappropriation case involving software for tracking xml data traffic related to the defense industry.
Years: 2010 2011

Mobile

Evolutionary Intelligence, LLC vs. Apple, Inc.

Cause No: 6:12-cv-783 (MHS)
Jurisdiction: US District Court for the Eastern District of Texas, Tyler Division
Description: Consulting and testifying expert for the Defendant in software patent infringement case in Texas federal court.
Years: 2012
Link: Read Case Pleadings

Vertical Computer Systems, Inc. vs. LG Electronics Mobilecomm U.S.A., Inc. et.al.

Cause No: 2:10-cv-490
Jurisdiction: US District Court for the Eastern District of Texas, Marshall Division
Description: Consulting expert for Defendant in Texas Federal Court case involving alleged patent infringement.
Years: 2013

Oil & Gas / Energy

Chevron USA, Inc. vs. Qiang Zhou and Maxwell Dynamics, Inc.

Cause No: 4:10-cv-01787
Jurisdiction: US District Court for the Southern District of Texas, Houston Division
Description: Consulting and testifying expert for plaintiff in case alleging misappropriation of trade secrets and breach of employment agreement. Federal district court case involving advanced oil and gas industry software and technology. Assisted in successfully seeking preliminary relief and early-agreed resolution.
Years: 2008
Link: Read Case Pleadings

Touchcom, Inc., et.al. vs. Bereskin & Parr, et.al

Cause No: 1:07-cv-00114-JCC-TCB
Jurisdiction: US District Court for the Eastern District of Virginia, Alexandria Division
Description: Consulting expert for defendants on means plus function software patent infringement case embedded within legal malpractice case. Federal district court case involving oil and gas related technology.
Years: 2010 2011
Link: Read Case Pleadings

Epic Merchant Management, Inc., et.al. vs. West Oaks Energy, LP, et.al.

Cause No: 2009-63172
Jurisdiction: 281st Judicial District of the State of Texas, Harris County
Description: Consulting and testifying expert for plaintiff/employer in case involving alleged misappropriation of software trade secrets, breach of employment contract, breach of fiduciary duty and fraud. Texas state court case involving proprietary energy trading systems software.
Years: 2010

Security

Scienton Technologies, Inc. et.al. vs. Computer Associates International, Inc.

Cause No: 04 Civ. 2652 (JS) (ETB)
Jurisdiction: US District Court for the Eastern District of New York
Description: Consulting and testifying expert for plaintiffs in case involving dispute between former joint development partners over alleged misappropriation of trade secrets and know-how and breach of collaboration and confidentiality agreements. Federal district court case involving Sharepoint and enterprise data storage solutions.
Years: 2010 2011 2012 2013
Link: Read Case Pleadings

Anue Systems, Inc. vs. Sameer Gupta and Giganet Systems, Inc.

Cause No: D-1-GN-11-000438
Jurisdiction: 126th Judicial District of the State of Texas, Travis County
Description: Consulting and testifying expert for Plaintiff in Texas State Court case involving alleged misappropriation of trade secrets related to network switching and security technology.
Years: 2012

Transportation

American Airlines, Inc. vs. Sabre Inc., Sabre Holdings, Inc. and Sabre Travel International Ltd.

Cause No: 067-249214-10
Jurisdiction: 67th Judicial District Court, of the State of Texas, Tarrant County
Description: Consulting and testifying expert in a high profile state court antitrust matter within the air travel industry involving travel-shopping technologies for airfare and optional services.
Years: 2011 2012 2013

American Airlines, Inc. vs. Travelport Limited and Travelport, LP

Cause No: 4:11-cv-244-Y
Jurisdiction: US District Court for the Northern District of Texas, Fort Worth Division
Description: Consulting and testifying expert in a high profile federal court antitrust matter within the air travel industry involving travel shopping technologies for airfare and optional services.
Years: 2011 2012 2013
Link: Read Case Pleadings

TravelFocus, LLC vs. World Ventures, LLC

Cause No: 10-06227-D
Jurisdiction: County Court at Law No. 4 of the State of Texas, Dallas County
Description: Consulting and testifying expert engagement involving alleged misappropriation of travel shopping software trade secrets and the comparison of each party’s complex proprietary software systems.
Years: 2012 2013

Travel Syndication Technology, LLC vs. Fuzebox, LLC and Digital Commerce, LLC

Cause No: 11-553-RGA-SRF
Jurisdiction: US District Court for District of Delaware
Description: Consulting and testifying expert in Delaware Federal Court case involving technology/software contract performance and intellectual property ownership and misappropriation.
Years: 2012
Link: Read Case Pleadings

Variant Holdings, LLC and Variant, Inc. vs. TravelClick, Inc.

Cause No: 3:12-cv-00708
Jurisdiction: US District Court for the Western District of Wisconsin
Description: Consulting and testifying expert for Defendant in Texas Federal Court case involving infringement of software patents covering emote kiosk marketing in the travel industry.
Years: 2013
Link: Read Case Pleadings

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  • "I was very pleased with Eureka’s work and the zeal they brought to the task at hand, and would be pleased to speak with others who are contemplating engaging Eureka’s services should they call."

    Werner A. Powers Haynes and Boone, LLP - Dallas, Texas
  • "Monty Myers and his team have been a key factor in my successful litigation of trade secrets cases...One of my favorite aspects of working with Monty’s team is that they delve deep enough, early enough, to help craft the parameters of the dispute."

    Karen Burgess Taylor, Dunham and Burgess - Austin, Texas

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