DisputeSoft was engaged as a neutral testifying expert for both parties in August 2017 in the matter of etouches, Inc. v. Swoogo, LLC et al. in the U.S. District Court for the District of Connecticut, New Haven.

    Plaintiff etouches alleged that three former high-level executives misappropriated trade secrets and other confidential information to start a competing event management software company.

    Nature of Dispute

    In December 2016, etouches filed a trademark infringement dispute, alleging that Swoogo et al.:

    Breached several provisions related to confidentiality and non-disparagement in the executives’ respective settlement and obligations agreements.
    Misappropriated trade secret and proprietary materials including prior and prospective client information.
    Produced and distributed advertisements containing false and misleading statements regarding the creation of etouches’ event management software and the capabilities of Swoogo’s platform.

    Our Services

    As a neutral software expert, DisputeSoft:

    Reviewed the source code repositories, release notes, and JIRA software development systems of both companies to identify the source code sets relevant at the time of the dispute.
    Compared source code using proprietary tools leveraged in our Code ACE™ service and manual review to filter out open source or third-party modules and identify potential overlaps in the source code on a file-by-file and line-by-line basis.
    Analyzed database schema for overlaps in the table names, column names, table/column pairs, and source code.

    DisputeSoft Founder Jeff Parmet and Senior Manager & Forensic Examiner Nick Ferrara submitted an expert report on December 12, 2017. Upon completion of our analysis, DisputeSoft found no meaningful overlap between the parties’ source code sets on a file-by-file or line-by-line basis, but evidence of overlap between the Swoogo databases as compared to the etouches databases. The case settled in January 2018.

    Learn more about our Trade Secret Misappropriation Services

    DisputeSoft provides trade secret misappropriation services to law firms engaged in complex software disputes.