DisputeSoft was engaged as a software expert in July 2018 by Auryc, Inc. in the matter of ForeSee Results, Inc. et al. v. Auryc, Inc. et al. in the U.S. District Court for the Northern District of California, San Francisco.

    Plaintiffs ForeSee Results, Inc. et al. alleged that three former high-level executives started a competing customer experience analytics company using ForeSee’s confidential information, including source code for proprietary website analytics functionality.

    Nature of Dispute

    In December 2017, ForeSee filed a copyright infringement dispute, alleging that Auryc et al.:

    Copied ForeSee’s JavaScript tracking code and Server Applications for use in a competing analytics platform.
    Misappropriated trade secrets including browser and server software, and their related data and data structures.
    Breached several agreements upon conclusion of their employment by using ForeSee’s confidential information and by concealing facts to prevent ForeSee from learning of the Defendants’ activities.

    Our Services

    As a software expert, DisputeSoft:

    Conducted a literal code analysis using proprietary tools leveraged in our Code ACE™ service to determine the extent of any overlap or similarity between the ForeSee and Auryc source code.
    Reviewed the declaration of ForeSee’s technical expert to evaluate her methodology and findings with respect to allegations of copyright infringement and trade secret misappropriation.
    Proffered a declaration on behalf of Auryc in September 2018, detailing our analyses and findings.

    Upon completion of our analysis, DisputeSoft found that the ForeSee-produced source code did not match the certified copyright registrations of ForeSee’s published registered works, and that the source code was instead an updated version of the code contained in the copyright deposit materials. Furthermore, DisputeSoft determined that ForeSee’s copyright deposit materials contained several instances of third-party source code, including files from which ForeSee removed third party copyright notices and added its own. The case settled in October 2018.

    Learn more about our Trade Secret Misappropriation Services

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