Source Code Expert Witness

Software Expert Witness and IP Litigation Consulting

Review / Reconstruction

Complex software litigation often involves several software systems, each comprised of millions of lines of source code. A trusted partner is needed to review, analyze, compare and reconstruct one or more of the systems in question, in order to compare and understand how those systems may be related to one another or may relate to a patent or trade secret.

  • 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 / Theft

Litigation involving misappropriation or theft of source code can be very challenging because source code is an ever-changing universe of updates and modifications. Some modifications may or may not have been documented or recorded, and others may or may not have been destroyed or preserved. Additionally, the parties are very reluctant to give access to their highly valued source code, particularly when the typical case involves allegations between actual or potential competitors.

  • 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 becoming harder and harder to avoid as they proliferate through many of the most commonly used software systems and programs in use today. While some of these issues require only the proper understanding of the license and how to properly credit or give notice of the used of open source, many others involve highly material and highly valuable ownership or right-to-use 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 / Patent Infringement

Source code is critical to the discussion of both software copyrights and software patents. Likewise, while software patents focus more on the functionality and systems of the software, 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.

  • 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.

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 Today To Speak With An Expert


Main Office
3305 Northland Drive
Suite 305
Austin, TX 78731
+1  (512) 459.9292
+1  (866) 936.9292

  • "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
  • "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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