Software Trade Secrets

Software Expert Witness and Litigation Support Services

Companies often attempt to protect their 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 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.

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. (2007-2008)

Jatin Suryawanshi, Partha Sarkar, and Sanjay Girdhar v. UBS AG and UBS Securities LLC

FNRA 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. (2009-2010)

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. (2010)

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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."

    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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