Expert Witness – Software Disputes & Licensing

We have been retained in over twenty-five different disputes and licensing matters involving software companies. Our work has included software development; sales and marketing; payment practices; partner relationships; licensing; trademarks; and other issues.

We draw on our expertise, particularly our extensive, on-the-ground experience as a management consultant and work in the software industry in senior level management. We also draw from independent, third-party sources and reliable and replicable methodologies in this work. This includes the Project Management Body of Knowledge, the IEEE Software Engineering Body of Knowledge; industry standards; academic publications; practitioner publications; and other reliable and respected sources.

Representative Engagements

• We were retained by counsel for the petitioner, a publicly-traded company, in a matter before the Trademark Trial and Appeal Board.

• We were retained by counsel for the defendant, a publicly-traded company, in response to allegations of reverse confusion in a trademark dispute. Our analysis reviewed industry trends and set context for the trier of fact.

• We were retained by counsel for the plaintiff in a dispute involving classifications of software products by a reseller in the determination and reporting of royalties.

• We were retained by counsel for the defendant in a matter regarding industry customs and practices related to ownership of software IP developed for a subsidiary company.

• We were retained by counsel for the plaintiff in a dispute involving the termination of a reseller of enterprise software.

• We were retained by counsel for the respondent in a dispute related to Bitcoin, technologies used in the cryptocurrency market, and general business practices in the cryptocurrency market.

• We were retained by counsel for the defendant, one of the world’s largest telecommunications equipment companies, in a dispute related to the updating of firmware on mobile devices. Our analysis considered licensing and processes for global firmware updates, including the use of content delivery networks.

• We were retained by a large hospital chain located in the Mountain States to assist in the evaluation of a software license agreement and the related implementation services agreements.

• We were retained by counsel for the defendant in a dispute related to the development and testing of an e-commerce site for a large internet retailer.

• We were retained by counsel for the respondent in a dispute before the International Court of Arbitration regarding the development and testing of a mobile device application.