Software Expert Witness

Software Expert Witness and IP Litigation Consulting

Practicing Software Industry Experts

Software Experts

Eureka’s team members are first and foremost software experts, designing, developing, improving and analyzing complex software at the highest level for a diverse range of clients. We translate this industry knowledge and technical ability into a skilled software expert witness practice that knows the ins and outs of the legal system in addition to having the technical software expertise. We work hard to provide the best expert witness services to our clients and the Courts.

Trade Secret Experts

Parties often attempt to protect their trade secrets in the course of their various relationships. However, as relationships change and conclude, the handling (and mishandling) of trade secrets often becomes a critical issue that often ends up in litigation. We are experienced in assisting litigants and the Courts to decipher what is and is not in fact a trade secret (particularly software trade secrets), and to determine whether or not wrongful disclosure or misappropriation of such trade secrets has occurred.

Source Code Experts

Source code is an integral part of virtually every complex software litigation matter. Eureka’s team has written and worked with complex software in virtually every known programming and coding language. This breadth of technical experience allows us to quickly get involved as a source code expert witness in a software patent, copyright, or trade secret case, as well as provide value with regard to the review, analysis and comparison of the underlying software source code.

Patent Experts

As patent expert witnesses, Eureka has worked with both Plaintiffs and Defendants to review and analyze a wide range of software and technology related patents in both the federal court litigation as well as proceedings before the Patent Trial and Appeal Board. We are experienced in reviewing and drafting claim charts, infringement contentions, interrogatories, requests for production, and more, and have submitted numerous expert reports on the myriad of potential topics in a software patent infringement case.

What Sets Us Apart?

Eureka offers software expert witness services and IP litigation consulting utilizing the knowledge, experience and resources of its ongoing software development and consulting business. With over three decades of hands-on experience in the computer, software and technology industries, Eureka provides an unparalleled understanding of nearly every facet and factor involved in a complex software or computer litigation scenario.

Software Trade Secrets

Software trade secret litigation is a growing concern in a number of industries utilizing protected proprietary software. We have been on both sides of complex software trade secret and misappropriation cases.

  • We are actively engaged in handling and protecting the confidential, proprietary and trade secret information and technology of Eureka and our clients.
  • We understand the unique aspects of handling, protecting and identifying software trade secrets.
  • We are experts in the comparison and distinction of software trade secrets from other materials including independently created or publicly available software materials.

Software Patents

Software patent litigation is complex. Our team of experts understands both the technical and legal implications of software patent infringement and the litigation process.

  • We are skilled at recreating past software and hardware environments.
  • We review and compare software code and functionality in relation to contractual commitments and requirements and/or protected intellectual property.
  • We provide a substantially increased value to either the patent holder or the accused infringer when involved as a software expert witness early in the prior art and/or patent reexamination process.

Software Source Code Review

In many instances, software litigation centers around some aspect of the software source code. Eureka’s experts are highly skilled in dealing with code-based legal and technical issues.

  • We have worked with and written complex software in virtually every known programming and coding language.
  • We review and compare source code related to copyright infringement or other intellectual property misappropriation.
  • We have extensive experience in the reconstruction of a prior art software system in patent infringement cases.

Software Contract Performance / Project Management

As active participants in the software development industry, the Eureka team has substantial insight and knowledge of software development and software project contracts.

  • We compare deliverables to contract specifications, interpret software contract terms and descriptions, and analyze billings in relation to work product.
  • We understand how software project contracts and projects are performed, managed and completed due to our ongoing software development and consulting business.
  • We have negotiated and performed hundreds of real-world software and technology contracts involving complex software project and licensing terms and conditions.

Software Licensing

There are many software license variations ranging from free, public domain open source to proprietary/trade secret on the ownership side, and these variations and combinations can make analyzing and understanding software licenses complex and challenging.

  • We have reviewed, negotiated and analyzed hundreds, if not thousands, of software licenses in the course of over 35 years in the software industry and more than 14 years in the software expert witnessing field.
  • We have years of experience working with the full range of software licensing models and types, allowing us to expertly/skillfully navigate, decipher and explain the intricacies of license structures and language and identify, analyze and assist with the licensing issues relevant to your situation.

Software Forensics

Software forensics and data recovery require careful analysis and reconstruction of digital evidence.

  • We are able to reverse engineer and reconstruct hardware and software environments from backups, remnants, and fragments of historical software.
  • We have direct access to and familiarity with proprietary and licensed tools and software to assist with data recovery and extraction, metadata review and management, and e-discovery.

Client Testimonials

  • "I felt equally comfortable bringing Monty Myers and his team into the areas requiring heavy technical lifting in the maintenance and improvement of our core firmware and overall product management system as I did in asking him to work with and analyze our financial data and issues related to product economic life and revenue recognition."

    Damien Leostic 2Wire, Inc - San Jose, California
  • "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
  • "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

Contact Us Today To Speak With An Expert


Main Office
3305 Northland Drive
Suite 305
Austin, TX 78731

+1  (512) 459.9292
+1  (866) 936.9292

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