Software Licensing

Software Expert Witness and IP Litigation Consulting

The primary mechanism under which most copyrighted software gets distributed and used is through software licensing. There are many software license variations ranging from free, public domain open source to proprietary/trade secret on the ownership side, and from number of seats, cores, bytes, transactions, nodes, etc., to size or type of the enterprise, machine, or user, and any combination thereof. These variations and combinations can make analyzing and understanding software licenses complex and challenging.

Select Software Licensing Cases

  • 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.
  • We work closely and effectively with damages experts and legal counsel to outline and provide technological support for software license quantification and reasonable royalty determination and calculation.

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

International Business Machines Corporation vs. BGC partners, Inc.

Cause No: 1:10-cv-00128
Jurisdiction: US District Court for the Southern District of New York et al.
Description: Consulting and testifying expert for defendants in software licensing case in Federal District Court in New York.
Years: 2010 2011
Link: Read Case Pleadings

Open Text, Inc. v. Northwell Health, Inc.

Cause No: CV-19-9216 FMO (ASx)
Jurisdiction: United States District Court for the Central District of California
Description: Consulting expert witness in case involving software license overuse related to node-based licensing and installation of forensic software.
Years: 2021

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

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  • "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."

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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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