Sam’s West, Inc. v. Nicole Aloni

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.

Ms. Aloni sought to recover damages for unbilled uses of her recipes on Sam’s Club technology platforms, including its standard website, smartphone, iPad and Android applications over a period of years. Ms. Aloni alleged that Sam’s Club had used her recipes and images thousands of times without her authorization, and without payment to her, an alleged violation of the terms of their license.

DisputeSoft quantified the number of unique uninvoiced uses of the author’s intellectual property – her recipes and images – over a period of years.  Our experts analyzed the Sam’s Club website, archive.org, and the content management system used to support Sam’s Club mobile platforms (including smartphones, iPad, and Android), as well as social media sites (e.g., Twitter and YouTube), for unique uses of Ms. Aloni’s content. 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 and software intellectual property expert 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.

Some of DisputeSoft’s software copyright infringement experts who worked on this case are Anne Ackerman, Isaac Pflaum, Tom Ashley, Brendan McParland, and Josh Siegel.

For a description of the services we provide as software IP experts, please click here.