Software Trade Secrets
Companies often attempt to protect their software trade secrets through non-compete or non-disclosure contracts with their employees, partners and/or clients. However, as these relationships change and come to a close, the handling (and mishandling) of trade secrets becomes a critical issue that often ends up in litigation.
Our experience in the handling and protecting our own confidential, proprietary and trade secret information (and technology of Eureka as well as that of our clients) gives us first hand industry knowledge. We understand what is in fact a trade secret and how to determine whether or not wrongful disclosure or misappropriation of trade secrets has occurred.
Select Software Trade Secret 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.
Ford Motor Company v. Versata Software, Inc. f/k/a Trilogy Software, Inc. et.al.
Cause No: 15-10628-MFL-EAS
Jurisdiction: US District Court Eastern District of Michigan, Southern Division
Description: Consulting and testifying expert for Plaintiff in case involving alleged patent and copyright infringement and trade secret misappropriation related to automotive configuration software.
M&G Jewelry, Inc. v Zale Delaware, Inc. et.al.
Cause No: DC-14-12666
Jurisdiction: District Court of the 116th Judicial District, Dallas County, Texas
Description: Consulting and testifying expert for Defendant in case involving alleged trade secret misappropriation related to retail jewelry store and jewelry repair operation management software.
Chevron USA, Inc. v. Qiang Zhou and Maxwell Dynamics, Inc.
Cause No: 4:10-cv-01787
Jurisdiction: US District Court for the Southern District of Texas, Houston Division
Description: Consulting and testifying expert for plaintiff in case alleging misappropriation of trade secrets and breach of employment agreement. Federal district court case involving advanced oil and gas industry software and technology. Assisted in successfully seeking preliminary relief and early-agreed resolution.
Link: Read Case Pleadings
National Instruments Corp. v. Kuka Roboter GMBH et.al.
Cause No: 1-GN-15-004170
Jurisdiction: District Court of the 53rd Judicial District, Travis County, Texas
Description: Consulting and testifying expert for Defendant in case involving trade secret misappropriation related to robotic hardware and software.
Planview, Inc. v. Computer Associates International Inc.
Cause No: D-1-GN-06-001382
Jurisdiction: 345th Judicial District Court of the State of Texas, Travis County
Description: Consulting and testifying expert on state court case involving misappropriation of software trade secrets by key personnel and the comparison of each party’s complex proprietary software systems in order to determine if misappropriation occurred. Case resulted in one of the largest monetary settlements of its kind in Texas in favor of our client.
Years: 2007 2008
Jatin Suryawanshi, Partha Sarkar, and Sanjay Girdhar v. UBS AG and UBS Securities LLC
Cause No: Case No. 09-02568
Jurisdiction: arbitration before the Financial Industry Regulatory Authority
Description: Consulting and testifying expert in FINRA Arbitration involving alleged misappropriation of trade secret, software, comparison and analysis of each party’s complex financial/trading software systems, and forensic review of computer hardware systems to determine access to and existence and transfer of trade secrets.
Years: 2009 2010
Scienton Technologies, Inc. et.al. vs. Computer Associates International, Inc.
Cause No: 04 Civ. 2652 (JS) (ETB)
Jurisdiction: US District Court for the Eastern District of New York
Description: Consulting and testifying expert for plaintiffs in case involving dispute between former joint development partners over alleged misappropriation of trade secrets and know-how and breach of collaboration and confidentiality agreements. Federal district court case involving Sharepoint and enterprise data storage solutions.
Years: 2010 2011 2012 2013
Link: Read Case Pleadings
MSCI Inc. et al vs. Philip Jacob, Axioma, Inc. et al.
Cause No: Index No. 651451/2011
Jurisdiction: Supreme Court of the State of New York, New York County
Description: Consulting and testifying expert for Defendants in New York Supreme Court case involving alleged misappropriation of trade secrets related to multi-asset investment portfolio risk management software.
Years: 2012 2013
VKGS, LLC, d/b/a Video King v. Planet Bingo, LLC and Melange Computer Services, Inc.
Cause No: CI 11-8953
Jurisdiction: District Court of Douglas County, Nebraska
Description: Consulting and testifying expert witness in breach of contract and trade secret misappropriation case involving bingo hall management software.
N. Harris Computer Corporation et.al. v. DSI Investments, Inc., Digitech Services, Inc., David C. Ogles, and E-Jail, Inc.
Cause No: 1:19-cv-00142-GNS
Jurisdiction: United States District Court, Western District of Kentucky, Bowling Green Division
Description: Consulting and testifying expert in case involving copyright, trade secret, and breach of contract claims related to jail management software/technology.
Farmers Insurance Exchange and Farmers Group, Inc. v. The Auto Club Group, Automobile Club of Michigan dba AAA Michigan, et al.
Cause No: BC681655
Jurisdiction: Superior Court of the State of California, County of Los Angeles
Description: Consulting and testifying expert in case involving confidential, and proprietary and trade secret information misappropriation related to insurance software.
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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."
"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."