Source Code Examination
DisputeSoft frequently examines source code in disputes involving software copyright infringement, patent infringement, project failure, and M&A audits.
DisputeSoft experts are often called upon to analyze sets of source code in copyright infringement, patent infringement, software failure, and software audit matters. Whether comparing two sets of source code in a software infringement dispute or assessing code quality and inclusion of third-party source code in an individual code set, source code examination is essential to disputes and investigations in these areas.
Code Ace™ Services
As software programs typically contain large volumes of code, manual code review can require a substantial amount of time at significant cost, especially when comparing multiple code sets. DisputeSoft reduces the cost of source code analysis and comparison through its Code ACE™ service by employing a proprietary software tool that programmatically applies industry-standard analytic and comparison techniques to identify suspected similarities for targeted manual code review performed by DisputeSoft experts. The Code ACE™ service can be used to analyze individual code sets or compare multiple sets of source code, and can significantly reduce the time necessary to complete an investigation and increase the accuracy of the investigation’s results.
How We Can Help
Our experts are experienced at conducting detailed source code reviews of code sets containing thousands or millions of lines of code as well as database schema containing thousands of tables and fields. DisputeSoft frequently provides source code examination services in disputes involving copyright infringement, software patent infringement, software project failure, and software mergers and acquisitions (M&A) audits and due diligence investigations.
We understand the importance of examining source code pursuant to a protective order, and have performed many code reviews in a secure environment. We are capable of performing source code analysis in our own forensic lab or in the office of client or opposing counsel. DisputeSoft experts travel as necessary to conduct onsite source code examinations that require adherence to restrictive protective orders, such as those that limit laptop, mobile device, and internet use; require only handwritten notes; and limit copying or printing of source code.
In many disputes involving alleged copyright infringement, our experts compare the source code of an allegedly infringing program to the source code of a copyrighted program using proprietary tools leveraged in our Code ACE™ service.
In the matter of Foresee Results, Inc. v. Auryc, Inc., DisputeSoft experts conducted a literal source code analysis to determine the extent of any overlap or similarity between server application software used by competing customer experience analytics firms. As part of this analysis, DisputeSoft compared source code in the copyright registration deposit materials to the ForeSee-produced source code. Our experts determined that (1) the source code produced by ForeSee did not match the copyright deposit material, and (2) the copyright deposit material for the registered works contained third party source code files over which ForeSee claimed authorship.
DisputeSoft experts are adept at cost-effectively tracing functionality through source code. When engaged by a client to determine whether a patent owner’s intellectual property has been incorporated into a competitor’s product, DisputeSoft traces source code and maps functions via claim charts to specific patent claims, and then works with clients to determine whether infringement elements are present.
In the matter of Philips v. HTC, DisputeSoft reviewed and traced HTC’s Java source code to identify functional differences across versions. As a result of this review, DisputeSoft identified inaccuracies in Philips’ infringement contentions and drafted comprehensive code review summaries, which ultimately supported HTC’s contention of non‑infringement.
Software Project Failure
Many software failure matters result from technical issues and system deficiencies that require an expert to examine source code to assess code quality and defects. DisputeSoft uses a combination of proprietary and industry standard tools and manual review to assess code quality, identify severe or especially important defects, and analyze code for compliance with industry standards for developing reliable, efficient, scalable, and maintainable source code.
In the matter of County of Orange v. Tata Consultancy Services, DisputeSoft reviewed source code related to a Property Tax Management System (PTMS), and determined that Tata Consultancy Services (TCS) failed to adhere to its promised process for code construction. As a consequence, DisputeSoft opined that the PTMS application source code was neither maintainable nor stable. The parties entered into a settlement agreement prior to trial, under which TCS agreed to pay $26 million in damages to the County of Orange.
Source Code Audits
In software mergers and acquisitions, business entities must inspect software assets for security vulnerabilities, licensing concerns caused by the use of open source software (OSS), and maintainability and reliability of source code. DisputeSoft experts implement a combination of automated static code review and manual examination to perform due diligence on source code prior to acquisition.
In the matter of TritiumSoft, LLC v. Tritium, Inc., a breach of contract dispute involving a corporate merger and acquisition of proprietary computer network security software, DisputeSoft was engaged by the plaintiff and counterclaim defendant to assess whether the acquired firm violated a contractual provision warranting that the software would be free of any open source material that might impede its marketability. Through review and analysis of the source code, DisputeSoft determined that (1) the acquired firm knew or should have known at the time of acquisition that additional development, testing, and defect remediation work would be required before the software could be commercialized, and (2) any third party source code in the software could be readily identified and purchased, or easily replaced.
Experts on Source Code Examination
Andrew Schulman is an attorney, software engineer, and software litigation consulting e…
Josh Siegel has substantial experience analyzing copyright, patent, and trade secret cl…
Nick Ferrara has been an integral part of more than 45 cases, spanning numerous commerc…
Tom Ashley applies his expertise in a wide range of software-related matters, including…
Sandelle Sefa has extensive experience with analyzing issues and preparing expert repor…
Since joining DisputeSoft in 2016, T.J. Wolf has consulted for clients on a variety of…
At DisputeSoft, Aparna assists in drafting expert, rebuttal, and investigative reports…
At DisputeSoft, Evan is a Senior Consultant responsible for analyzing source code in IP…