Source Code Expert Witness​

Software Expert Witness and IP Litigation Consulting

Review and Reconstruction

In the realm of complex software litigation, multiple software systems, each comprising millions of lines of source code, are frequently involved. A reliable partner is indispensable for the thorough review, analysis, comparison, and reconstruction of these systems to understand their interrelationships and their connection to patents or trade secrets. Source code is inherently integral to virtually every complex software litigation case, and Eureka's team, well-versed in numerous programming and coding languages, brings extensive experience in working with and crafting complex software since 1986. This depth of industry knowledge provides immediate benefits to legal counsel and the court, going beyond surface-level reviews to uncover the nuanced issues concerning the litigants. Our expertise extends to the review, analysis, and comparison of software code and functionality concerning patents, copyright, trade secrets, as well as licensing and other contractual arrangements.
  • We dive into vast code bases and offer visibility and perspective on what such code reveals and what it does not, often working within the highly specific and restrictive requirements of a protective order regarding source code.
  • We take partial or incomplete code sections and reconstruct or recreate missing, deleted or lost software, which is highly relevant to understanding the history of the software or development processes in question.
  • We are skilled at conducting processes under short time frames and with limited access and/or resources.

Misappropriation and Theft

Litigation involving misappropriation or theft of source code poses significant challenges due to the ever-changing nature of the source code universe, characterized by continuous updates and modifications. The documentation of these modifications may vary, with some being recorded or undocumented, and others potentially destroyed or preserved. Parties involved are often hesitant to grant access to their highly valued source code, especially in cases where allegations arise between actual or potential competitors. In complex software litigation, multiple software systems, each containing millions of lines of source code, are common. Frequently, parties lack access or visibility to the highly protected and proprietary source code of the other party. In such cases, a trusted partner is essential to review, analyze, and reconstruct the systems in question, facilitating a comprehensive understanding of their interrelationships, potential connections to patents or trade secrets, and resolving challenges arising from limited access.
  • We understand the intricacies of the coding process, having been active participants in the software and computer industry since 1986.
  • We are adept at discovering the various trails and techniques that reveal or refute the taking or copying of source code.
  • We are experts at deciphering methods used to conceal and confuse the evidence surrounding the taking or copying of source code.

Open Source Licensing

Open source licenses and code issues are increasingly challenging to navigate as they permeate many commonly used software systems and programs today. While some problems merely demand a proper understanding of the license for appropriate crediting or notice in open source usage, others involve substantial and valuable ownership or right-to-use matters. Source code open source licensing and code cases specifically entail intricate and complex challenges in determining ownership or right-to-use issues, necessitating a profound understanding and analysis of the underlying source code. In certain instances, open source becomes a factor in software litigation, serving as a defense against claims of patent infringement (as prior art) or misappropriation or theft, particularly when the contested code segments exist in vast open source libraries and repositories. Eureka, with experience as a source code expert witness, is well-equipped to provide similar services to those grappling with open source-related issues.
  • We analyze extremely difficult and complex licenses that involve in-depth understanding of the underlying source code.
  • We have served as a source code expert witness as a defense against claims of patent infringement (as prior art) or misappropriation or theft (when the portions of the code in question are present in the massive open source libraries and repositories.
  • We are well positioned to offer similar services to those who are experiencing open source related issues.

Copyright and Patent Infringement

Source code plays a pivotal role in the examination of both software copyrights and software patents. In software patent litigation, where the emphasis is on the functionality and systems of the software, attention swiftly turns to the source code to comprehend how the alleged infringing software aligns with the claims of the software patent. Drawing from our experience, we find that software patent litigation frequently centers on the source code to assess the alignment of the accused software with patent claims. We have conducted comprehensive reviews and analyses of functionality and the existence of patented systems within source code, representing both plaintiffs and defendants in numerous cases.
  • Eureka has experience reviewing source code in the copyright context to determine the extent, if any, of actual copying as well as looking at the level of substantial similarity.
  • We have performed review and analysis of such functionality and existence of patented systems within source code in a number of cases for both plaintiffs and defendants.
  • We are adept at understanding and explaining the nuances of both the software patents and the source code, and helping counsel and the Court to attain such understanding.
Edit Content
Edit Content
Edit Content
Edit Content
Edit Content
Edit Content
Edit Content
Edit Content
Edit Content
Edit Content
Edit Content
Edit Content
Edit Content
Edit Content
Edit Content
Edit Content
Edit Content
Edit Content
Edit Content
Edit Content
Edit Content
Edit Content
Edit Content

Why Choose Our Services

 

Eureka offers software expert witness services and litigation support utilizing the knowledge, experience and resources of its ongoing software development and consulting business. With 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 related litigation scenario.

Contact Us

No matter your situation, we have the expertise you need.

Expert Witness Contact Form