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    Brendan McParland
    Manager

    Brendan McParland has assisted clients in dozens of matters involving both intellectual property and failed software system implementations.

    Phone: 301.251.6313
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    BAR ADMISSIONS

    • Washington, D.C.

    • New York

    At DisputeSoft, Brendan has acquired over ten years of experience in consulting with clients involved in software-related intellectual property disputes, including issues pertaining to claims of patent infringement and invalidity, copyright infringement, trademark infringement, trade secret misappropriation, and misappropriation of confidential information. In patent-related matters, Brendan has reviewed patents’ prosecution histories, conducted prior-art research to establish the validity or invalidity of patents at issue, assisted in drafting claim constructions and claim charts, and drafted declarations, initial expert reports and rebuttal reports concerning validity and non-infringement.

    In matters involving copyright disputes, Brendan has examined copyright registrations to determine their validity, conducted comparisons of both literal and non-literal components of software source code and graphical user interfaces to determine whether they are substantially similar, identified inconsistencies between the scope of a plaintiff’s claim and the scope of protection afforded by the plaintiff’s copyright registration, and drafted initial expert reports and rebuttal reports concerning whether protectable, expressive content had in fact been copied. In trade-secret matters, Brendan has not only conducted extensive prior-art research to determine whether alleged trade secrets had entered the public domain, he has also conducted detailed comparison analyses to determine whether valid trade secrets had been misappropriated and researched and reported on issues concerning proper “clean room” design and reverse-engineering protocols.

    In addition to his extensive intellectual property experience, Brendan has assisted clients in dozens of matters involving failed software system implementations. Brendan’s practice has focused particularly on ERP software solutions for both federal and state governments, as well as solutions tailored for such industries as real estate, retail, health care, energy and telephony. In matters involving claims of breach of contract and breach of warranty, Brendan has analyzed a wide variety of issues, including whether implementers adhered to industry-standard project management and software engineering practices, whether delivered systems met all functional requirements and architectural specifications, and whether as-built systems were actually capable of supporting the business operations for which they were acquired. In examining such issues, Brendan has frequently conducted analyses of defect logs and defect remediation efforts, testing plans and reports, change requests, and requirements traceability indices. Brendan has also conducted in-depth percent-complete and schedule delay analyses to determine the extent to which delays in implementing a solution were attributable to a particular party.

    Brendan has played a key role in preparing affidavits, declarations and expert reports for cases before federal district courts, the U.S Court of Federal Claims (CFC), and international tribunals such as the International Trade Commission (ITC).

    Representative Experience

    InDyne, Inc. v. Abacus Technology Corp.

    Nature of Suit: Copyright infringement and trade secret misappropriation matter regarding custom software for NASA
    Role: Consulting expert

    • Brendan prepared an expert report demonstrating the invalidity of InDyne’s copyright registration by showing the deposited source code did not correspond to the original work
    • Brendan found that the deposited source code included material to which InDyne could not claim copyright

    Apple v. HTC Corporation

    Nature of Suit: Patent infringement matter before the International Trade Commission (ITC), regarding allegedly infringing smartphone technology
    Role: Consulting expert

    • Brendan reviewed patents and their prosecution history and prepared claim charts
    • Brendan extensively researched prior art to support HTC’s contentions of invalidity, non-infringement, and lack of domestic industry

    BearingPoint v. United States (Department of Interior)

    Nature of Suit: Software project failure matter regarding a custom SAP information system for financial management
    Role: Consulting expert

    • Brendan reviewed project documents, agreements, and email correspondence
    • Brendan performed a schedule delay analysis to establish that termination for cause was inappropriate due to excusable delays
    • Brendan conducted a percent complete analysis to determine damages owed to BearingPoint under proper termination for convenience

    EDUCATION

    • J.D., University of Virginia School of Law

    • A.B., Princeton University

    Top Cases

    Case
    DisputeSoft was engaged by Federal Signal Technologies in this damages dispute involving an unsuccessful project to develop billing and toll collection software.
    Case
    DisputeSoft was engaged by CRS in this patent infringement dispute involving a substitute teacher fulfillment system.
    Case
    DisputeSoft was engaged by The Studer Group in this trade secret misappropriation dispute involving a hospital patient survey system.

    Top Posts

    Post
    DisputeSoft's Jeff Parmet and Brendan McParland consider methods for assessing whether a deposit copy is proper in the context of software copyright registrations.

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