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.

Jeff Parmet was a widely respected IT dispute resolution specialist who served as a con…

Computer Forensics, Copyright Infringement, Damages, Data Analytics, Data Privacy and Security Services, Electronic Discovery, International Services, Internet Misconduct, Outsourcing and Managed Services, Pre-Litigation, Project Recovery, Software Patent Disputes, Software Project Failure, State and Federal Government Services, Surety Investigation, Trade Secret Misappropriation

Nick Ferrara has been an integral part of more than 90 cases, spanning numerous commerc…

Computer Forensics, Copyright Infringement, Damages, Data Analytics, Electronic Discovery, International Services, Internet Misconduct, Pre-Litigation, Software Patent Disputes, Software Project Failure, Source Code Audits, Source Code Examination, State and Federal Government Services, Trade Secret Misappropriation

Since joining DisputeSoft in 2016, T.J. Wolf has consulted for clients on a variety of…

Copyright Infringement, Data Analytics, Data Privacy and Security Services, Software Patent Disputes, Software Project Failure, Source Code Examination, State and Federal Government Services, Trade Secret Misappropriation

Learn more about our Trade Secret Misappropriation Services

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

SEE TRADE SECRET MISAPPROPRIATION SERVICES

ForeSee Results, Inc. et al v. Auryc, Inc. et al

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.

Nature of Dispute

Our Services

Jeff Parmet (1946 – 2023)

Nick Ferrara

T.J. Wolf

Learn more about our Trade Secret Misappropriation Services