ProSuite Software Limited. et al v. Infokey Software Inc. et al

    DisputeSoft was engaged as a testifying expert in October 2013 by Do Process LP in the matter of ProSuite Software Limited. et al. v. Infokey Software Inc. et al. in the Supreme Court of British Columbia.

    In 2003, plaintiffs ProSuite Software Limited and the Society of Notaries Public of British Columbia (ProSuite) entered into an agreement with defendants Dmitri Lounine and Aleksandra Eskova, who worked as contractors under Infokey Software Inc. (Infokey), to develop software for generating real estate documents. The relationship deteriorated over time, and issues arose when ProSuite claimed that Infokey (1) refused to provide source code for the software owned by ProSuite, and (2) failed to provide agreed upon support and maintenance services. Infokey claimed that ProSuite verbally agreed to enter into a software license and maintenance agreement wherein ProSuite would have only limited license and right to use the real estate program.

    From March 2008 through September 2008, the parties entered into a Temporary License Agreement which provided that ProSuite owned the copyright in the “Application Software” and Infokey owned the copyright in the “Framework Software,” and it established a license for ProSuite to utilize the Framework Software. In 2008, ProSuite also engaged a consulting firm, Annex Consulting Group Inc., to rewrite and develop a replacement software program.

    In September 2010, ProSuite brought suit against Infokey, claiming ownership of the software and seeking damages for breach of contractual and fiduciary duty. In December 2010, Infokey filed a counterclaim alleging that ProSuite infringed its software by continuing to use source code from the real estate program developed by Infokey in the replacement software program developed by Annex Consulting Group. In July 2013, software company Do Process LP acquired the ProSuite software and was subsequently added as a party to the action.

    Our Services

    As a software expert, DisputeSoft:

    1
    Reviewed the expert report of Infokey’s technical expert to evaluate his methodology and findings with respect to allegations of copyright infringement.
    2
    Assessed “Application” and “Framework” source code to determine whether alleged ownership of certain code files was justified based on industry standard definitions of each code type.
    3
    Compared the source code, database schema, and stored procedures of the original real estate software completed by Infokey with the replacement software program developed by Annex Consulting Group, to determine if there was any evidence of literal copying.

    Senior Manager and Forensic Examiner Nick Ferrara proffered an expert report on behalf of Do Process, and testified at deposition that none of the protected source code was present in the accused software product.

    Nick Ferrara

    Director & Forensic Examiner

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

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    Josh Siegel

    Director & Forensic Examiner

    Josh Siegel has substantial experience analyzing copyright, patent, and trade secret cl…

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    DisputeSoft provides copyright infringement and unauthorized use services to law firms engaged in complex software disputes.

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