Expert is an experienced expert witnessconsultant in the areas of video game design, software development, internet technologies and patent infringement. Once it is in the computer memory, the local system can do essentially anything with it, and this is where the problem begins. If you are an attorney in need of a software infringement expert, we invite you to contact disputesoft for a private consultation. Zeidman consulting, based in silicon valley, offers hardware and software consulting and expert witnesses for infringement, trade secret theft, patent infringement, and other litigation involving intellectual property. Glatts education phd university of chicago, experience as a college professor and years in the business of plagiarism detection and deterrence. Bad advice that can get you sued for software copyright. Suits by one software publisher against another over trade secrets and ownership generally involve competing works.
Showing or disproving infringement ui expert witness company. Copyright expert witnesses forensisgroup consulting. A growing number of businesses have learned the hard way to trust only an expert specializing in software infringement to assist with software licensing and resolve software audits. He has been engaged as a consulting and testifying expert in more than 15 patent infringement, software and trade secret misappropriation cases, including matters relating to business software, business methods, computer hardware and confidential business knowledgeinformation. Due to the rapid growth in product development of electronics and technology, many infringement experts may have a background working with software. Experts found here may opine on issues regarding infringement. Ipmetrics professionals have extensive experience providing infringement damages expert reports and court testimony. Expert witnesses in software copyright infringement actions, 6. An electrical engineer by degree, expert was a pioneer in the electronic gaming industry, developing and patenting his first toygame product in 1979 for parker brothers.
Software copyright infringement detection tools barr group. Automated tools help software experts quickly and costeffectively detect copied software source code. Barr groups software experts help lawyers better understand the technology at issue in and trade secrets litigation so they can prevail in their cases. It turns out that my initial thoughts mirrored eas here, and that antonick. Zeidman consulting, based in silicon valley, provides.
Proving copyright infringement of computer software. Intellectual property expert witness software ip, patent. The infringement of your rights can reduce the value of your creative work in the marketplace and unjustly enrich the infringer, so if your rights have been infringed contact one of our expert infringement lawyers today for a free consultation at 8669367447. Served as an expert witness about the custom and practice of software licensing, on matters that included indemnification clauses, royalties, and technological shifts. Copyright infringement and unauthorized use disputesoft. The difference between copyright and patent protections on. A jury found in favor of plaintiffs claims of infringement.
Copyright infringement of software gary stringham and associates. Expert witness resume software intellectual property. Few would dispute that expert wit nesses are helpful, if not essential, for the trial of a software infringement action. The case is interesting because it is about software infringement, a topic near and dear to my heart on which ive written and blogged several times. I can provide forensic analysis of software source code and productivity analysis. In the event of patent infringement litigation, both plaintiffs and defendants require expert witnesses. To prove that a has been infringed, a plaintiff must show that he or she owns a valid and that the defendant copied protected elements of the ed work. Software forensics is the science of analyzing software source code or binary code to determine whether intellectual property infringement or theft occurred.
Litigating copyright infringement claims related to competing. Expert witness resume cohen software consulting, inc. A primary infringement involves a direct infringement by the defendant. Video games, software development, patent infringement. Proving substantial similarity is usually the crux of any infringement case, particularly in the software context. District courts, superior court of california, and other venues. I am also an expert in ip disputes involving computer software, including claims of patent infringement, tradesecret misappropriation, and infringement. Copying can be shown by establishing both that the defendant had access to the work and that the defendants work is substantially similar to the plaintiffs work. Software expert witness patent infringement barr group. When any of the exclusive rights of are exploited without a owners permission, infringement has occurred. Copyrights expert witnesses jurispro business, financial. It is the centerpiece of lawsuits, trials, and settlements when companies are in dispute over issues involving software patents, s, and trade secrets. Its also topically relevant, because it is about madden football, one of the more popular sports video game franchises its probably the most popular, but i didnt do a search to find. Contact disputesoft disputesoft was founded by jeff parmet, who has been designated as an expert on more than 200 software disputes, and is listed in best lawyers preferred sm which only lists experts.
Software is a complex and continuously evolving area of the law. The expert witness in a software infringement action must cut through the confusion in terminology inherent in the constantly changing computer industry. Gary stringham is an expert witness and consultant in hardware, software, and. Proof of infringement a either direct evidence of copying. A very complex area of intellectual property is, and forensisgroup has top expert witnesses who have spent their entire careers in all areas and industries dealing with this infringement or legal issues. Using experts to prove software copyright infringement. Copyright infringement expert witness forensisgroup.
He is adept at translating complex software, patent, and technology issues for the lay person audience. Our experts can analyze software for both literal and nonliteral. Weiner has experience as a consulting andor testifying expert witness in software development, patent infringement, and commercial litigation matters for both plaintiffs and defendants. With over 15,000 listings on our site, we can help you find the right expert witness or consultant for your case. Select your profession attorney expert government media other. Expert witnesses in software copyright infringement. The simple answer to why software needs patent protection in addition to protection is that a protects from the exact replication of contact, but does not necessary protect from similarities and likeness. Statutory damages for works that have been formally registered within 90 days of publication, the owner also has the choice of recovering damages amounts determined by statute. Lexis 142220 in a case involving a software licensing agreement, it was determined that an.
Its in the game proof issues in software copyright. Copyright infringement pitfalls in the online arena expert. He has worked as a software development manager, technical analyst, and mentor. Barr groups software expert witness team are experienced seniorlevel engineers and professors in the area of software patent infringement for mobile, medical, systemlevel and electronic applications. The misnomers and industrial shorthand of the computer world make the most esoteric legal writing seem as clear and lucid as the ten commandments or the. Neither using output from ed software, nor downloading but not installing or using the ed software, constituted actionable infringement under the us statute. Its also topically relevant, because it is about madden football, one of the more popular sports video game franchises its probably the most popular, but i didnt do a search to find out.
Disputesofts clients include big law firms, boutique practices, and sole practitioners who represent fortune 100 companies, government clients, and corporate and individual clients across all industries in disputes involving software failure, intellectual. May 14, 2015 in an ever present and evolving environment, protecting your software from intellectual infringement can be complex. Using experts to prove software copyright infringement written. This means that having an expert witness with a wealth of knowledge in software is now more crucial than ever. Accordingly, the court in this case granted summary judgment in favor of the defendants on the. Software infringement litigation, frequently software antipiracy claims, involve disputes between software publishers and their enduser cus tomers1. Expert witness and consultant on all issues related to photography. However, disputesoft has developed proprietary software tools that we regularly employ to significantly. In a previously supported case of alleged software infringement, the plaintiff brought suit against the defendant for allegedly continuing to use the plaintiffs ed software source code in the defendants products after termination of a license agreement between the parties. Testified as a technical infringement expert in cases disputing software s and patents. In the united states, infringement may include the use, sale, or even import of an unlicensed product. Oct 31, 2017 the case is interesting because it is about software infringement, a topic near and dear to my heart on which ive written and blogged several times.
The following is a list of some of the worst advice we have heard for a company facing a software audit. He has extensive experience with the entire software design and development life cycle, as well as across a wide range of domains from mobile devices though enterprise class mission critical applications. Zeidman consulting provides hardware and software consulting and expert witnesses for all kinds of intellectual property litigation. Copyright infringement expert witness expert institute. Our experts can analyze software for both literal and nonliteral infringement. Our experts are experienced with software litigation as well as related trade secret misappropriation cases in u. Find an expert witness for litigation involving intellectual property, trade secrets, or software patent infringement. Use of copyrighted softwares output and mere downloading. Search our copyright infringement expert witnesses. Fortunately, automated tools helped experts to quickly and inexpensively detect copying of. Our consultants have years of experience reverse engineering hardware and software, analyzing and interpreting patents and trade secrets, comparing software to detect infringement, and testifying at. Internet patent infringement expert witness copyright. We offer consulting services that include expert testimony and have worked on highprofile cases.
You may limit your search for software expert witnesses to a specific area by selecting a state from the drop down box. Those same protections also apply to software source code. Assuming the alleged infringer had access to your work, the similarities between your work and the infringers must be compared to see if copying may reasonably be inferred. Proof of ownership of a registration establishes presumption of validity and ownership 17 u. Pro ving copyright infringement work for detecting software infringement in anticipation of what is likely to become a heavily litigated field. Expert witnesses found through this page may also testify regarding educational software, graphical user interface gui, and medical software, as well as related issues. Software patent infringement refers to several practices which involve the unauthorized copying of computer software, also referred to as infringement of software andor software piracy. Expert witnesses in software copyright infringement actions. When someone steals your copyrighted code or software nolo. Generally outlining the complex nature of software and the myriad of steps required for its creation is well beyond the scope of this comment.
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