Copyright Infringement and Unauthorized Use Cases
DisputeSoft was retained as a testifying expert for the defendant in the matter of InDyne, Inc. v. Abacus Technology Corp., a copyright infringement and trade secret misappropriation dispute between Abacus, an incoming NASA contractor, and InDyne, an outgoing NASA contractor concerning allegedly stolen software.
DisputeSoft was engaged in 2012 by Alan Williams in the matter of Geologic Computer Systems, Inc. v. John D. Maclean, et al Case No. 2:10-cv-13569 in the United States District Court for the Eastern District of Michigan, Southern Division. Disputesoft prepared a declaration in support of the defendants’ motion for summary judgment. Managing Partner and intellectual property software expert Jeff Parmet proffered an Invalidity Report on behalf of Alan Williams on April 15, 2013, followed by a Non-Infringement Report for Mr. Williams on May 15, 2013. Mr. Parmet’s deposition was taken on June 26, 2013. The case eventually settled.
DisputeSoft was engaged as a consulting and testifying expert by well-known culinary consultant, recipe developer, and food writer, Nicole Aloni in the matter of Sam’s West, Inc. v. Nicole Aloni in the United States District Court for the Western District of Arkansas, Case No. 5:13-cv-05144. DisputeSoft analyzed and compiled the number of uninvoiced uses of Ms. Aloni’s content pursuant to the license agreement, which a damages expert then used to calculate damages owed to Ms. Aloni. DisputeSoft Managing Partner Jeff Parmet proffered an expert report on behalf of Ms. Aloni on October 9, 2014. Mr. Parmet also gave a deposition on April 16, 2015. The case settled in May 2015, just prior to trial.
In 2014, DisputeSoft was engaged as a software intellectual property expert by WestEd in the matter of Douglas James Weihnacht, individually and dba Schematic Media v. WestEd, in the United States District Court for the Northern District of California, Case No. 5:14-cv-01564-BLF. DisputeSoft examined the registered version of “Voyage to Galapagos” for copyright-protectable audio-visual elements and found that the audio-visual elements of the work for which Plaintiff possessed a copyright had in fact been authored by others, all of whom were independent contractors who had not assigned their rights to Plaintiff – and no assignments were produced. DisputeSoft Managing Partner Jeff Parmet proffered an expert report in April 2015. The case settled in July 2015.
DisputeSoft was engaged in September 2008 as a consulting expert for Sony ATV Music Publishing in the matter of Sony ATV Music Publishing v. Cavs USA and Ace Karaoke. DisputeSoft recovered evidence of unauthorized sales of Sony ATV Music’s downloadable works over a period of three years. Our experts developed scripts to retrieve, parse, and sort web-pages from the Internet Archive and other sources, which we used to obtain information concerning the extent of the offers of sale over time and to document them.
In the matter of Marketing Technology Solutions v. MediZine LLC, a trade secret and copyright infringement case involving alleged misappropriation of source code, DisputeSoft served as a software expert for the defendant, a health marketing company.
DisputeSoft was engaged post-litigation as a software copyright infringement expert by Paycom Payroll in the matter of Paycom Payroll LLC et al v. Richison et al. to confirm that defendant, a former employee of plaintiff, had adhered to a consent order by removing all infringing software from its competitive product.
DisputeSoft was engaged as a testifying expert in July 2007 by Key Power International in the matter of Archonix Services, LLC v. Key Power International, Inc. et al. in the Superior Court of New Jersey, Burlington County. Archonix Services alleged that one of its former employees, now a company executive at Key Power, had helped his new company to misappropriate the intellectual property for a computer-aided dispatch system. DisputeSoft used the abstraction-filtration-comparison (AFC) method to compare the system designed by Archonix to the system designed by Key Power.
DisputeSoft was engaged by Science and Engineering Services, LLC (SES) in the matter of Michael Mohr v. Science and Engineering Services, LLC, in the United States District Court for the Northern District of Alabama, Case No. 5:14-cv-00045. Michael Mohr brought a copyright infringement claim against SES with regard to the Aviation Maintenance Inventory Program (AMIP), software that tracks the parts of disassembled helicopters. DisputeSoft reviewed the source code and metadata of the AMIP program to determine whether Mohr was the original author of the software or if it had been copied from software which he had not written.