While DisputeSoft does not render opinions on damages, we provide several services in coordination with a damages expert.

    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 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.

    Featured Case

    Certification Trendz v. Ning Zhou

    DisputeSoft identified and quantified unauthorized uses of a license, which in turn could be input into the damages expert’s calculation.

    R&D Head Start

    When an individual or a company infringes on another’s intellectual property, it inherits a “head start” on research and development at the expense of the intellectual property owner. DisputeSoft’s experts opine on the question of how much of a head start the infringer’s unlawful actions provided. To answer this question, our experts use industry standard measures to determine the amount of time and effort necessary to create the infringed intellectual property.

    Experts on Damages

    Anne Ackerman

    IT Litigation Consultant

    Anne Ackerman has extensive experience in investigating software failure matter, includ…

    Nick Ferrara

    Senior IT Litigation Consultant & Director of Software Development

    Nick Ferrara has been an integral part of more than 35 cases, spanning numerous commerc…

    Tom Ashley

    Senior IT Litigation Consultant

    Tom Ashley applies his expertise in a wide range of software-related matters, including…

    Josh Siegel

    Senior IT Litigation Consultant

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

    Need a software expert who understands damages?

    If you are an attorney in need of a software expert with an understanding of damages, we invite you to contact DisputeSoft for a private consultation.