Software Litigation Damages Expert

While DisputeSoft does not at this time render opinions on damages, we work in coordination with damages experts.

Percent Complete Analysis

Completion percentage at the termination of a project frequently figures into the damages calculation. For example, in a termination for convenience, a vendor may be entitled to recover costs for completed or partially completed portions of the system. DisputeSoft can assess the project’s completion percentage, which in turn can be input into a damages expert’s calculation. Moreover, we can review an opposing expert’s percent completion opinion and, as appropriate, rebut it. DisputeSoft conducted a percent complete analysis while serving as an expert in Federal Signal Technologies, LLC v. Texas Department of Transportation (2014).

How We Can Help

Cost to Complete or Replacement Cost

Counsel may need an opinion on the cost to complete a project that was only partially completed at termination. DisputeSoft uses industry standard costing methods such as COCOMO to arrive at a defensible estimate of the cost to complete a software project.

Unauthorized Use of a License

In a claim for damages for the unauthorized use of intellectual property on digital platforms, counsel may need to know how many instances of unauthorized use occurred during a specified time period. DisputeSoft collects and analyzes data that identifies occurrences of unauthorized use, which in turn can be input into the damages expert’s calculation, whether in the affirmative or upon rebuttal. DisputeSoft identified and quantified unauthorized uses of a license in its Sony ATV Music Publishing v. Cavs USA and Ace Karaoke, and Certification Trendz v. Ning Zhou, et al. matters.

In Wholesale Retailer v. Culinary Chef, a matter involving the alleged use of a culinary consultant’s cooking recipes and images on the website and mobile applications of a large U.S. retailer, DisputeSoft quantified the number of unique uninvoiced uses of the author’s intellectual property over a period of years. DisputeSoft proffered an expert report containing an analysis of the uninvoiced uses pursuant to the license agreement, which a damages expert then used to calculate damages owed.