Effective software expert witnesses should have a background in computer science or a related field, real-world software development experience, knowledge of industry standards, and the ability to explain complex technical concepts clearly to non-technical audiences.

Engage a software expert witness as early as possible, ideally during the pre-litigation phase or immediately after a complaint is filed. Early engagement allows experts to help guide the preservation of evidence, assist with discovery efforts, and develop attorneys in developing case theories that are well-grounded in technical facts and evidence.

Our methods identify literal copying, substantial similarity, and non-literal copying of program structure and organization. We use a variety of generally accepted tools and techniques to both programmatically and manually identify evidence of potential copying to reach defensible opinions on code similarity and copying.

DisputeSoft specializes in identifying root causes of software project failures through functionality testing, source code review, defect assessment, schedule analysis, and percent completion evaluation. Many of our investigations evaluate whether failures resulted from issues such as vendor misrepresentation, poor project management, defective code, or unrealistic customer expectations.

Trade secret misappropriation can occur when confidential software code, algorithms, or proprietary business logic is improperly acquired, disclosed, or used without authorization. DisputeSoft can conduct source code audit and analysis, employee computer systems, and repository histories to identify unauthorized access, copying, or use of trade secrets.

Timelines vary significantly based on case complexity, volume of source code to review, number of systems to analyze, and discovery deadlines. Simple analyses may take weeks, while complex matters involving millions of lines of code or failed enterprise systems may require months or longer. We work efficiently to meet your litigation deadlines.

DisputeSoft’s senior experts are experienced testifiers who have defended their opinions in depositions, arbitrations, and trials in state and federal courts. Our experts provide clear, credible, and persuasive testimony that withstands cross-examination and helps judges and juries understand technical issues.

Our experts have analyzed virtually every type of software system including ERP, CRM, EMR, billing systems, point-of-sale systems, mobile applications, web applications, embedded systems, custom enterprise software, database systems, SaaS platforms, and legacy mainframe systems across all industries and technology stacks.

Copyright protects the expression of software code, while patents protect novel inventions and processes. Copyright infringement involves copying source code or non-literal elements like structure and organization. Patent infringement involves implementing a patented method, system, or algorithm, regardless of whether code was copied. Different analysis methodologies apply to each.

DisputeSoft offers pre-litigation services to help attorneys evaluate potential cases before filing. We conduct technical assessments, identify key issues, estimate analysis scope and costs, review available evidence, and provide candid opinions on technical strengths and weaknesses to inform litigation strategy.

We can provide technical input for economic damage calculations through a variety of techniques, such as percent completion analysis, cost-to-complete estimates using generally accepted estimation methodologies, quantification of unauthorized software uses, and assessment of licensing violations. While damages experts calculate final amounts, our technical analysis provides the factual foundation for their analyses.

Contact us for a confidential case evaluation. Provide basic information about your matter including case type (software failure, copyright, trade secret, etc.), parties involved, key technical issues, and relevant deadlines. We’ll schedule a consultation to discuss how our expertise can support your litigation strategy and provide preliminary scope and cost estimates.