Litigation Support

About

Our litigation support practice is focused exclusively on software, telecommunications, and the Internet. We have advised clients in intellectual property matters and general commercial litigation matters, assisting clients in pretrial discovery, the preparation for depositions of fact witnesses and experts retained by opposing counsel, and the technical issues that arise from the initial stages of discovery to trial. Dr. Steven R. Kursh, CSDP, CLP, the founder of the company, has prepared expert reports, has been deposed, and has testified before arbitration panels, in state courts, and in the federal courts, including the SDNY and the EDTX.

Intellectual Property

We have significant experience with intellectual property matters, including copyrights, trade secrets, patents, and trademarks. Our assignments have included:

Evaluating source code, including databases, to determine copyright infringement (SSO analysis, AFC analysis) and trade secret infringement;
Assisting counsel with terms construction (pre-Markman hearing) and discovery;
Invalidity analysis of patents and infringement analysis of patents;
Analysis of technical documents and other information related to intellectual property infringement, including software design documents, software configuration management (source code control), software test scripts and records, and developer notebooks; and
Calculation of lost profits and reasonable royalties in copyright, trade secret, patent, and trademark cases.

Commercial and Licensing Disputes

We have worked on numerous commercial disputes involving software, telecommunications, and the Internet. Our assignments have included:

Evaluating software implementations and software functionality;
Analysis of software development practices, testing, and quality;
Analysis of systems integration services and software project management;
Assessing software contract compliance, software licenses, marketing agreements, and management practices;
Evaluating e-commerce security systems and e-commerce system (hardware and software) functionality and performance; and
Determining economic damages in contract disputes, including failed software implementations, joint development agreements, licenses, and marketing agreements.

Representative Engagements

We were retained by counsel for the defendant, one of the world’s largest financial institutions, in a patent infringement case.

We were retained by counsel for the defendant, a Fortune 100 conglomerate, in a software copyright and trade secret case.

We were retained by counsel for the plaintiff, an e-commerce company, in a patent infringement case.

We were retained by counsel for the defendant, one of the world’s largest telecommunications equipment manufacturers, in a contract dispute regarding an acquisition and earn-out provisions.

We were retained by counsel for the plaintiff, a developer of Internet and wireless software systems for the health care industry, in a copyright and trade secret infringement case.

We were retained by counsel for the plaintiff, a Latin American-based distributor of enterprise software, regarding industry-standard practices in software marketing and distribution.

We were retained by counsel for the plaintiff, a publicly-traded systems integrator, regarding the integrator’s performance relative to industry-standard practices.

We were retained by counsel for the defendant, a publicly-traded software company, regarding the company’s software development and testing practices.

We were retained by counsel for the defendant, a publicly-traded IT services company and manufacturer, in a trademark infringement case.

We were retained by joint counsel for the defendants, a major automobile manufacturer, a global retailer, and a leading motorcycle manufacturer, in a patent infringement case.