Source Code Copyright and Patent Infringement

Software Expert Witness and IP Litigation Consulting

It is our experience that software patent litigation quickly focuses in on the source code to try to understand how the alleged infringing software satisfies the claims of the software patent. 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.

Select Source Code Copyright and Patent Infringement 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.

Team Express Distributing LLC v. Junction Solutions, Inc., Microsoft Corp., and RSM US LLP

Cause No: 5-15-cv-00994
Jurisdiction: United State District Court for the Western District of Texas, San Antonio Division
Description: Consulting and testifying expert for Defendants in contract performance and copyright case involving multichannel retail operations and Microsoft Dynamics AX.
Years: 2017

4DD Holdings, LLC and T4 Data Group, LLC v. The United States

Cause No: 15-945C
Jurisdiction: United States Court of Federal Claims
Description: Consulting and testifying expert in case involving copyright infringement and software licensing issues related to health care federator software for integration and communication between disparate government technology and agency systems.
Years: 2018

Wonderworks PTE. LTD. v. Hewlett Packard Company, HP Enterprise Services, LLC., and Hewlett Packard (M) Sdn. Bhd.

Cause No: 114CV273632
Jurisdiction: Superior Court of the State of California, in and for the County of Santa Clara
Description: Consulting and testifying expert witness in contract performance and software licensing case involving financial and regulatory data collection and reporting software
Years: 2018

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  • "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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