Expert Witness

Software expert witness services

Eureka offers industry-leading expert witness services and IP litigation consulting. With over three decades in the computer, software, and technology industries, Eureka provides unparalleled insight into the complexities of software and computer litigation. We leverage the extensive experience from our ongoing software development and consulting work to bring impactful results.

Software expert witness

Software litigation support

Eureka's software expert witness services provide detailed analysis and expert testimony in software-related legal disputes. With extensive experience in software development and industry standards, our experts offer clear, factual insights on functionality, source code, project performance, and more to support litigation.
Monty Myers portrait
About our lead expert

Monty Myers

As the founder and CEO of Eureka, Monty Myers has served as an expert witness in over 150 litigation matters, offering invaluable insights and testimony on software and intellectual property issues. Monty is dedicated to delivering clear, concise, and comprehensible expert testimony - he specializes in making complex technical material accessible to legal professionals and juries alike.

Where our experts matter

Trade secret disputes

Uncovering the hidden value in proprietary information is at the heart of trade secret litigation. Our team excels at identifying the crucial elements that constitute a trade secret, distinguishing them from general industry knowledge. We meticulously analyze the measures taken to protect this information, evaluating their adequacy in maintaining secrecy.

Patent & copyright disputes

For copyright matters, we delve into the nuances of creative works to analyze substantial similarity and distinguishing between protected expression and unprotectable ideas. We dissect complex technologies to determine the scope of patent claims and assess potential infringement, a difficult task that requires a unique blend of technical acumen and legal understanding.

Source code, contracts, & more

From open-source compliance to forensic analysis of digital trails, we provide the expertise to handle complex software litigation. Our experts conduct thorough code comparisons with proprietary tools, identifying potential infringement or misappropriation at the multiple levels, and scrutinizing licensing agreements and employee contracts.

Specialized workflow

Strategy for your case

Comprehensive discovery support

In software litigation, the discovery phase often determines the outcome of the case. Our seasoned team leverages decades of software expertise to meticulously identify and analyze all case-relevant materials. We assess the completeness of produced content to verify no critical context is overlooked. Our thorough approach lays the foundation for robust legal arguments - we understand more than anyone that incomplete information can severely undermine even the strongest cases.

In-depth technological evaluation

Our team conducts exhaustive analyses of relevant materials using Eureka's proprietary, in-house developed tools. We scrutinize everything from high-level visual representations and functional workflows to intricate algorithmic operations and source code similarities. This comprehensive approach allows us to identify any potential misappropriation of trade secrets or intellectual property infringement. Our mission is to uncover and present compelling evidence that changes the trajectory of the case.

Expert reporting and testimony

The culmination of our work involves effectively communicating our findings to the court. We recognize that in the complex world of software litigation, seemingly minor details can have significant implications, and vice versa. As expert witnesses, we excel in clearly articulating technical concepts to judges and juries such that they fully grasp all relevant contexts. Whether through detailed written reports or persuasive verbal testimony, our team is adept at presenting complex technical information in an accessible and impactful manner.

Premier Technology Expert Witnesses

Software-related disputes require a breadth and depth of knowledge and experience in technology. For over 20 years, our top-notch software expert witness services have provided consulting for intellectual property cases ranging from trade secret and patent litigation to contract disputes and forensics. With 40 years of commercial experience across all facets of software development, our experts offer precise, comprehensive analyses that stand up to rigorous scrutiny. We provide value at every step of the litigation process.

Complicated Concepts Simplified

Software litigation often involves intricate technical concepts that non-technical persons need help understanding. Our expert witnesses communicate complex software principles in terms that make sense to judges, juries, and attorneys. We conduct thorough analyses of source code, software architectures, and development methodologies, distilling our findings into explicit, objective, and well-communicated opinions. Rest easy knowing that the technical merits of your case are fully understood and accurately represented in court.

Adding Value at All Phases

We offer comprehensive support throughout every phase of the litigation process. From the initial case assessment and technical discovery to analyzing damages and assisting with settlement discussions, our team serves as your dedicated technical eyes and ears. We employ cutting-edge proprietary tools and methodologies to perform in-depth software analysis - combined with our expertise, our experts excel at finding needles in the haystack. Build stronger and sounder arguments from start to finish knowing your case's technical realities.

Diverse Expertise Across Software Domains

Intellectual property disputes arise in many contexts, from patent infringement to breach of contract, and each case requires specific technical and legal knowledge. Our team of expert witnesses covers a broad spectrum of software domains, including mobile app and web development, enterprise and legacy systems, artificial intelligence, cybersecurity, blockchain, and more. Eureka's software development services keep us current with the latest technologies and industry trends, meaning that our testimony reflects up-to-date software development practices and standards. Furthermore, our long tenure of 40+ years in business gives us a unique understanding of and experience with legacy software systems.

Why Eureka

38+ years in business

Eureka's extensive experience spans a wide array of industries and technologies, providing us with unparalleled expertise and practical know-how to address your specific needs.

More than 150 cases

Our team's diverse background enables us to approach each unique dispute with a wealth of contextual understanding, offering a distinct advantage when your case hangs in the balance.

Over 500 hours testifying

Articulating complex technical concepts to judges and juries is a formidable challenge, and one that our team consistently meets with exceptional clarity and effectiveness.

Technical expertise

Decades of experience

Our experienced expert witness team has spent over 500 hours testifying on behalf of our clients.

Trade Secret Expert

Parties can and should protect their trade secrets throughout their various business relationships. However, as these relationships change and conclude, the handling (and mishandling) of trade secrets often becomes an issue that ends up in litigation. We're experienced in assisting litigants and the courts to decipher what is and is not consistent with a trade secret (particularly software trade secrets), and to determine whether or not wrongful disclosure or misappropriation of such material or knowledge has occurred.
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Patent Expert

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 state and federal court as well as proceedings before the Patent Trial and Appeal Board. We're experienced in reviewing and drafting claim charts, infringement contentions, interrogatories, requests for production, and more - we've submitted numerous expert reports on numerous topics in software patent litigation.
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Source Code Expert

Source code is an integral part of virtually every complex software litigation matter. Eureka’s team has written and worked with complex software in nearly 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.
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Copyright & CMI Expert

Eureka's copyright and CMI expert witness services offer in-depth analysis and testimony on software copyright and digital rights management issues. Our experts provide clear insights and authoritative opinions to support your legal cases and ensure comprehensive protection and enforcement of intellectual property rights.
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Contract Performance

Eureka’s contract performance expert witness services offer authoritative support in legal disputes involving software contracts. Our seasoned experts provide comprehensive analysis, detailed evaluations, and credible testimony to help you maneuver complex contract performance issues and provide accurate and reliable outcomes in your litigation cases.
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Forensics & Data Recovery

We offer expert forensic analysis and data recovery solutions to validate data integrity and retrieve critical information for legal and business needs.
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Computer Expert

Our team of computer experts provides a deep understanding of software, computers, and technology, particularly for intellectual property litigation.
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Database Expert

Eureka's team of experts offers vital expertise in intellectual property disputes involving databases, including SQL, NoSQL, and specialized data structures.
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Device & Electronics Expert

Eureka Software's experts dissect and analyze the software inside handheld and wearable devices and other consumer electronics.
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Network & Internet Expert

Our expert witnesses provide deep software experience and insights into network and internet technology disputes.
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Technology expertise

Litigation technologies

We specialize in both legacy and cutting-edge software technologies, including (but not limited to) object-oriented development, cloud computing, and web and mobile development. Our software developer and IT forensic specialist team analyzes and rebuilds any software or hardware environment or application, even obsolete ones. From startups to enterprises, we deliver top-notch expert witness services spanning nearly any technology.

Case experience

Featured cases

We have extensive experience in software litigation, serving as testifying experts and consultants for both plaintiffs and defendants. Our expertise spans multiple industries and engagement types.

All cases

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 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.
  • 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.

Trade Secret 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.

Trade Secret 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.

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.

Don’t just take our word for it

Hear from some of our amazing customers who are succeeding faster
“Monty Myers was a key witness in a recent complex case involving a software development project. His reconstruction of previous versions of the software was critical for the jury’s understanding of our case. Monty is an excellent communicator and has the unique ability to explain advanced technical issues in simple terms that jurors understand."
Karen Burgess
Karen Burgess
Principal, Burgess Law
“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
Werner A. Powers
Haynes and Boone, LLP
“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
Damien Leostic
Sr Director of Product Management, 2Wire
“Monty Myers was a key witness in a recent complex case involving a software development project. His reconstruction of previous versions of the software was critical for the jury’s understanding of our case. Monty is an excellent communicator and has the unique ability to explain advanced technical issues in simple terms that jurors understand."
Karen Burgess
Karen Burgess
Principal, Burgess Law
“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
Werner A. Powers
Haynes and Boone, LLP
“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
Damien Leostic
Sr Director of Product Management, 2Wire