Programming Expert Witnesses
Software companies, technology licensors, and enterprise customers face litigation whenever source code, a software patent, or a programming methodology is alleged to have been copied, infringed, or misrepresented. These disputes commonly involve software patent infringement and validity disputes concerning algorithms and programming techniques, copyright claims alleging unauthorized copying or reuse of source code, and contract disputes over whether custom or licensed software met agreed functional and performance requirements. Because software systems can be functionally similar while differing substantially in their underlying code and architecture, the central issue in these cases is typically whether the accused software actually copies, infringes, or fails to meet the specific technical claims or specifications at issue, rather than whether it performs a similar function. Resolving that question requires a line-by-line or architecture-level technical analysis that only an experienced programmer can provide.
A programming expert examines source code, software architecture, and technical documentation to determine whether accused software copies protected code, infringes an asserted software patent, or fails to meet agreed functional specifications. That analysis often distinguishes between independently developed software that performs a similar function and code that was actually copied or derived from a protected work, which is central to liability in copyright and trade secret disputes. In patent matters, the expert’s technical comparison of source code or system architecture against asserted claims directly supports infringement and validity analysis. This same expertise strengthens litigation strategy by giving counsel a framework for challenging an opposing expert’s code comparison or technical conclusions.
Because programming disputes require rigorous, code-level technical analysis, selecting an expert with direct software development experience in the relevant programming languages and technical domain is essential. The experts we can provide include computer scientists and software engineers with backgrounds spanning algorithm design, database systems, and software patent and copyright litigation, many of whom have testified in complex software cases. Round Table Group has completed more than 75,000 expert searches for litigators, and we apply that experience to match counsel with programming experts whose specific technical background fits the case. Let us help you find the right programming expert for your case by calling us at (202) 908-4500.