How source code analysis can prove or disprove software patent infringement

Software patent infringement litigation can be a high-stakes endeavor, with millions of dollars—and reputations—often on the line. At the heart of these disputes lies a deceptively complex question: Does the accused software actually infringe on the patented technology? To answer that, one of the most powerful tools available is source code analysis.

Appropriately done, source code analysis can either validate a claim of infringement or demonstrate that no infringement has occurred. At Eureka Software, we specialize in this precise technical analysis, helping legal teams and courts understand how the software works, how it was developed, and how (or if) it intersects with the claims outlined in a patent.

In this blog, we’ll explore how expert-led source code analysis can make or break a software patent case, the process, and how Eureka Software’s team uses decades of experience and proprietary tools to bring clarity to even the most complex litigation.

Understanding the Role of Source Code in Software Patents

Software patents protect specific functional innovations—unique methods, processes, or systems for performing a task with a computer. These patents are not written in code but in legal and technical language that defines what the invention does and how it does it.

On the other hand, the source code is the actual implementation of the idea—the instructions developers write to bring the invention to life. When infringement is alleged, the task becomes one of comparing the patent claims to the accused software’s implementation—often line by line.

This is where source code analysis becomes essential.

How Source Code Analysis Proves or Disproves Infringement

1. Claim Construction and Mapping

The first step in a software patent case is claim construction—interpreting what the patent legally covers. Once that’s established, expert witnesses must map each patent claim element to the accused software’s source code.

At Eureka Software, our experts:

If all elements of the patent are present in the software, infringement may have occurred. If even one essential element is missing or implemented in a materially different way, the claim may lack merit.

2. Functional and Structural Comparison

Source code analysis isn’t just about finding superficial similarities. Our analysis digs into:

Even if the code looks different at a surface level, it may still infringe if it performs the same patented process. Likewise, code that looks similar may not infringe if it achieves its goals using a materially different methodology.

3. Forensic Review of Development History

Sometimes, it’s essential to determine how and when specific code was developed. Eureka Software conducts forensic reviews of:

This can be critical in showing whether a company copied patented technology knowingly or if the code was developed independently—a key distinction in willfulness or damages.

4. Defending Against Infringement Allegations

For defendants, source code analysis can often reveal that:

In one case, a client accused of patent infringement hired Eureka Software to analyze the disputed code. Our experts demonstrated that although the code performed a similar function, it used a fundamentally different approach than the patented method. The court ruled in our client’s favor, dismissing the claim.

Eureka Software’s Approach: Clarity, Precision, Credibility

At Eureka Software, we provide clear, objective, and in-depth source code analysis that withstands scrutiny in high-stakes litigation. Here’s what sets our approach apart:

Decades of Experience

With over 38 years in software development and IP litigation, our team understands legacy systems and modern technologies, allowing us to analyze any software environment with authority.

Proprietary Comparison Tools

We use advanced internal tools to compare massive codebases quickly and accurately. These tools highlight similarities, differences, and potential areas of infringement that surface-level reviews may miss.

Court-Tested Expert Testimony

Our lead expert, Monty Myers, has served as an expert witness in over 150 legal cases, delivering testimony that is not only technically accurate but also clear and persuasive to judges, juries, and attorneys.

Objective, Data-Driven Reports

Every report we produce is grounded in unbiased analysis and verifiable evidence. We work equally with plaintiffs and defendants, providing the technical foundation for more potent legal strategies on either side of the courtroom.

Conclusion: Source Code Analysis is the Foundation of Software Patent Litigation

In software patent disputes, source code is the truth. Whether you're enforcing a patent or defending against a claim, expert source code analysis is essential for understanding what the software does, how it works, and whether it infringes on protected intellectual property.

At Eureka Software, we provide the technical clarity, forensic accuracy, and credible courtroom presence you need to succeed. Our expertise turns millions of lines of code into clear, fact-based evidence that can validate your claims or protect you from unfounded accusations.

Need source code analysis for a patent case? Contact Eureka Software today to learn how we can support your litigation strategy with unmatched technical expertise.