WSRcg IT and Software Misappropriation Expert Witnesses

Software & IT Intellectual Property (IP) Expert Witnesses

it-soft-misappropriationIn addition to our expert witness services regarding large-scale software, systems, and ERP project failures, WSRcg provides expert testimony in high-tech and IT intellectual property (IP) matters: evaluating, analyzing the appropriate documents, testimonies and criteria for determining whether and to what degree a software copyright infringement, trade secret misappropriation, idea theft and/or trademark infringement has taken place. We also apply special tools when needed and provide forensic services (such as code comparisons) through managed sub-contractors.

Because today’s software and hardware development environments are dominated by fourth-generation languages, code-generation tools, CASE tools, open source code, expiring patents, reusable system foundations, objects & components which can be legitimately licensed from providers, and more, this work requires more skill and judgment than ever before.

WSRcg consultants draw on their broad and deep experience, expertise and education in the programming areas, project estimation, software engineering arenas, among others, along with the proper forensic automated tools and a proprietary step-down methodology to flush out critical “similarities” that can uncover and address the tipping points in a case and to determine how, whom, when, what and how much intellectual property may have been misappropriated, infringed, stolen or compromised.

We have been designated and/or testified in several IP misappropriation and infringement disputes. See actual case examples.

Our Approach to Software & IT Intellectual Property Misappropriation

To research, analyze and opine on software IP misappropriation litigation matters, we:

  • Identify/provide guidance as to how counsel should obtain and control appropriate versions of code, compilers, utilities, reused 3rd party software, core and legacy software, and special hardware needed to conduct a thorough review/analysis of software functionality, sequence, structure and organization, style, forensic fingerprints and footprints similarities, differences and derivations. This work employs special forensic software.
  • In copyright matters, we work with counsel to determine the legitimacy of the alleged copyrighted property. In addition, we examine the claims for literal and non-literal copying.
  • In trade secret disputes, WSRcg determines whether the items in question are actually “trade secrets” and how they were protected. Our assigned experts know the history of IT and how to quickly determine when such “secrets” became public domain, as IT “secrets” may become public knowledge over time. As necessary, we ask our 3rd party partners to inspect the computers of each party to find/support unauthorized taking and receiving of the materials under dispute.
  • Employ industry tests & proprietary evaluations to assess nature/impact/extent of/value of the alleged IP misappropriation (incl.: trade secrets; trade dress, idea theft, copyright infringement, patent infringement, and more)
  • Provide expert testimony/opinions/reports to court with supporting evidence, methodology & proofs.