Source Code Expert Witnesses

source code expert testimony

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Source code expert witness candidates typically have years of experience in computer science, software engineering, computer forensics, and/or computer engineering. The chosen expert could be a member of a technical industry organization such as The Software & Information Industry Association (SIIA), The Software Alliance, or the IEEE. A source code expert witness needs to not only have software expertise, but must also possess the ability to explain technology to lay people. 

Often, matters requiring source code expert witness services involve intellectual property, such as patent infringement litigation, copyright infringement, or trade secret misappropriation. A software forensic expert has experience reverse engineering software source code to determine if there is evidence to reveal intellectual property infringement or theft.

Litigation support by a source code expert witness could include source code review, software analysis, prior art search, an expert report, expert opinion, and expert testimony at a trial. In a high-profile case, or litigation involving a significant financial stake, a law firm may request a testifying expert with prior expert witness experience. In addition, clients may seek a consulting expert for pre-litigation work. Example projects that Cahn Litigation Services has placed source code experts for include:

Cahn Litigation Services has a vast network of professionals with expertise in many operating systems and programming languages (e.g, Python, Linux, Javascript), and often receives requests from law firms to help locate a software expert that can provide source code analysis. At Cahn Litigation Services, placing software expert witnesses for patent litigation is a particular area of expertise.

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Source Code Expert Witness - Representative Bios

Please Note: All Cahn Litigation expert witness searches are customized to attorneys' precise specifications and preferences. Attorneys are encouraged to discuss search parameters with a Cahn search specialist.

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The below expert witness bios represent a small fraction of those Source Code experts known by Cahn Litigation Services. These bios are provided to give lawyers a sense of the Source Code landscape.

Expert Witness #243655

Expertise: E-commerce Systems, Web-based technologies, Financial Systems, C++, Java, SQL, assembler, scripting languages, Control Systems, Software Engineering, Information Management Systems, Quality Assurance and Test, Source Code Analysis  

This expert's consulting focuses on software systems as intellectual property, especially in litigation cases of patent and copyright infringement. This expert's technical expertise is well-suited to the analysis of enterprise-scale software that is configured for web-enabled services, e-commerce systems, embedded systems, information management systems, and payment systems. This expert's engagements typically include source code analyses for software written in C, C++, C#, Java, Javascript, SQL, Fortran, Basic, Perl, Assembler, and other programming languages, as well as in markup languages such as HTML and XML applications.

This expert has served as an expert witness in 43 litigation matters, 11 of which have involved allegations of patent infringement. Several of the patent infringement cases included multiple patents-in-suit. This expert's work products have included infringement reports, invalidity reports, rebuttal reports, and expert declarations. Litigation venues have included federal and state courts, the Patent and Trademarks Appeals Board (PTAB), and the International Trade Commission (ITC). This expert's testifying experience includes 1 jury trial, 2 court hearings, and 9 depositions.

This expert has also conducted source code reviews in 35 litigation matters. Eight of the code reviews have involved websites and/or web-centric technologies on an enterprise scale.

This expert has consulted as a technical expert to evaluate previously unasserted patents in patent portfolios for their assertion potential. Technical domains of the patents have included software GUI inventions, client-server applications, and information processing in enterprise-scale computer systems.

The breadth of this expert's expertise covers a variety of subject matter domains. This expert possesses strong backgrounds in commercial software development, engineering best practices, core natural sciences, biology of neural networks, and mathematics of artificial neural networks. This expert's degrees are in physics and nuclear engineering from leading universities. This expert has served as a seasoned technical manager in roles that require effective communication skills. This expert has programmed as a software developer, configured networked computer servers as a hands-on supervisor, provided leadership as an executive manager, championed the adoption of new technologies in enterprise team settings, and taught technical curricula as an officer in the U.S. Navy.

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Expert Witness #245383

This expert is a PhD candidate and research/teaching assistant working under one of the top wireless communications/telephony experts in the country. This expert has worked extensively as a technical engineer for IP litigation. This expert's areas of specialization include:

-  4G/LTE
-  Packet-Network
-  Telephony
-  Wireless Communication
-  Wireless Sensors
-  Telepresence Software
-  Mobile Hardware and Software

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Expert Witness #259086

This expert holds a PhD in Computer Science and serves as a full Professor of Computer Science. Research interests include:

-  processor architecture design and optimization
-  speculative execution, profile-guided optimization
-  finding and exploiting instruction-level parallelism

This expert has experience in both the programming and microarchitecture of GPUs. As part of this expert's teaching load, this expert instructs students on both GPU programming and GPU design. This expert covers CUDA in one of the undergraduate classes. This expert taught classes on parallel programming which included GPU programming (CUDA). Further, this expert uses GPU architecture in undergraduate architecture class as an example of a SIMD architecture. Many of this expert's previous consulting assignments have involved GPUs.  

This expert does have extensive litigation experience having written numerous detailed expert reports on infringement, non-infringement, validity, and invalidity, and constructed patent claim charts. This expert has also written declarations in support of various matters. Further, this expert has analyzed and traced a variety of source code (both hardware RTL and software source code) to map infringement as part of numerous source code reviews on very large repositories of code; deciphered decades-old designs from schematics and microcode; investigated products and systems; preformed profile and tear down of a variety of software and hardware systems, and architectural simulation of patented designs.   This expert has:

-  Testified at trial in the ITC
-  Testified at district court
-  Testified at an arbitration
-  Deposed in thirteen different matters
-  Presented Markman tutorials

This expert also has an excellent track record of collaboration with attorneys in helping to educate them on technical details.

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Expert Witness #263018

This expert has worked with open source software for many years, and is familiar with the associated types of licenses. This expert has worked extensively with C, C++ and JavaScript, both as a software developer and as a software expert. This expert has been retained 17 times as a technology expert; four of those testifying in court. Some cases of note:

  • Retained by Plaintiff, was deposed and testified. The matter involved an alleged misappropriation of trade secrets and IP theft. Reviewed source code, git logs, Pivotal Tracker logs, performed fuzzy matching and reported on findings. Performed statistical analysis of findings prior to developing an opinion.
  • Retained by Plaintiff as a consulting expert and possible testifying witness. The matter involved an alleged misappropriation of trade secrets. Reviewed source code and reported on findings; the case settled shortly thereafter.
  • Retained as a non-disclosed expert by the testifying expert. Reviewed the source code in a clean room (C++ and JavaScript) and responded to specific questions by phone.
  • Retained as a testifying expert by the Plaintiff. This expert’s report opined as to whether or not the defendant had misrepresented ownership of copyright. Analyzed software source and object code, written in a variety of languages for Microsoft Windows.

On behalf of the Plaintiff, a software vendor that suspected a former employee of intellectual property theft, reverse engineered the former employee’s product, written in C# (a .NET language) and compared it to the client’s product, written in C. Compared features, user interfaces, programming interfaces, data structures, static models and run-time models. 

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Expert Witness #263043

This expert helps clients assess and resolve patent and technology issues involving deep source code analysis. This expert has been through numerous ITC investigations and district court cases from complaint to hearing/trial. This expert has been engaged as a testifying expert in several cases including copyright. Multiple cases involved open source licensing including extensive analysis of GPLv2 license in a first matter and source code analysis of interrelated modules licensed under GPLv2 in second ITC matter.

Recent projects include analyzing C++/C, NodeJS, Python, and Java code, projects involving communications between server and mobile devices and between servers, analyzing network communications, computer provisioning and sandboxing, document analysis including link extraction, network packet sniffing (Wireshark), and source code control systems (e.g., Git/GitHub). This expert went to trial as a testifying expert, was scheduled to testify as an expert at ITC before the case settled, and was a testifying expert in a copyright case. This expert also contributed considerable technical analysis of accused software, performing copyright analysis of computer networking code. This expert is very familiar with all forms of IP litigation including copyright, trade secret and patent litigation. As an attorney, this expert has focused on complex IP issues that require equal amounts of legal analysis and advanced technical analysis. This expert was a core member of the Complainant's counsel in an ITC case involving patents asserted against popular phones.

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Expert Witness #263055

This expert has provided technical expertise in several matters related to patent, copyright, and trade secret issues, and has provided software analysis expertise and litigation support on over 50 District Court and ITC cases. A typical case requires static analysis of thousands of lines of source code, comprising complex software systems, in a variety of computer languages, including: C, C++, C#, Java, JavaScript, Kotlin, Objective-C, Perl, PHP, python, React, Swift, shell, Tcl/Tk, TypeScript, XML.

This expert recently worked on a project where this expert captured and analyzed detailed network tracing of several Android, iOS, and desktop devices. The analysis involved network packet and HTTP payload investigations, and the correlation of the analysis with the produced source code. A detailed report was presented to counsel, summarizing the traced scenarios, analysis, and provisional conclusions. This expert also analyzed the cellular modem software, as implemented in C and C++, of a major public company's offering (the project spanned 15 months). This expert also analyzed and opined on the Python source code comprising the media server backends of two other large public companies.

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Expert Witness #125102

This expert holds a PhD in Computer Engineering and is an Adjunct Professor of Electrical and Computer Engineering. This expert instructs graduate level seminars on embedded computer architectures, and their relation to compiled languages, and embedded software systems. This expert is also an avid technologist, entrepreneur, founder of a highly successful technology consultancy and managing director at a private equity angel investing firm. This expert is involved in IEEE / ACM Design Automation Conference’s Embedded Software and Systems Track and the IEEE Real Time Systems Symposium.  Previously, this expert held industry roles with major US semiconductor companies in the areas of computer architecture, high performance software, and related systems; formerly, chief architect of hardware and software systems for Fortune 500 semiconductor companies.

This expert is the architect of open source computer architecture simulation environments used for hardware/software system design at various US universities. This expert is also the named inventor on multiple US patents, including client/server computing and embedded operating systems.

This expert has extensive experience with testimony (validity/infringement and related), depositions, expert report generation and investigation of computer video hardware and video software systems such as computer operating systems and systems software. Additionally, this expert has extensive experience in reverse engineering and source code review of multi millions of lines of software and hardware source code.

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Expert Witness #230901

This expert is a Computer Scientist and Technology Consultant specializing in Telecommunications, Call Center applications, and Media Distribution. This expert brings many years of experience in a diverse set of technologies including CTI (computer telephony integration), digital voice processing, speech recognition and Natural Language processing. This expert has a deep understanding of protocols and has designed protocols for many different kinds of systems and has had some of them adopted by the American National Standards Institute (ANSI). This expert has been a consulting expert in approximately 50 matters, IPRs, and Patent Litigation cases including cases for Telecommunication and Speech Recognition providing infringement, invalidity, and deposition testimony. This expert has testified at hearings and at trial for about 10 cases.

Professional Experience

Designed and developed some of the earliest available low-bit-rate digital voice communication products for long haul networks. Work included voice models, input digitization, voice feature extraction, encoding and decoding and interfaces to packet network systems. Designed protocols for various communications devices such as data encryptors.

Manager of Embedded Systems Group. Responsible for designing, among other things, protocols for factory automation systems, including communications and networking devices to handle interfacing host computers to subsystems that used different protocols.

Technology consulting in the area of Call Centers, Telephony, Wireless communication, mobile applications, biometrics and user authentication implementing Speech Recognition.

Provide level 1 & 2 evaluation of Patent portfolios to determine strongest / most valuable patents and identify vendors/products that read on stronger patents. Patents were evaluated in: Telephony, VoIP, Wireless devices, speech recognition, and digital device interfaces.

Provided in-depth research services to inventors and Intellectual Property investors. Also consulted on the design of solutions with embedded voice recognition features in the consumer products space.

This expert has been involved in the study and application of Natural Language understanding and processing, especially related to voice to text conversion, knowledge discovery, fact extraction, summarization, language weighting and importance models, etc. This expert has developed suites of software for each of these areas.

Case Experience

Patent Litigation – Consulting expert with responsibility for leading a group of 10 code reviewers reviewing more than 56 gigabytes of source code over a period of 10 months. The source code was associated with servers and services, content distribution servers, content ingestion servers, security and protocols for media sharing and distribution frameworks and architectures of business systems. Also provided expert consultation to litigation team on system architectures, applications, devices, and services. Coordinated with the team leads reviewing source code on similar architectures for other device manufacturers.

Patent Litigation - Consulting expert on infringement and invalidity of patents relating to voice network functions and processing in VoIP networks including enterprise and residential networks.

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Expert Witness #254752

As an expert witness, this expert has performed dozens of analyses of allegedly copied source code. This expert’s experience includes alleged theft of trade secrets (as evidenced by source code copying) and copyright analysis. This expert has specific experience analyzing the misuse of open source software. As an example, this expert has identified portions of copyrighted open-source code that was improperly incorporated into infringing products.

This expert has many years of experience in the software industry. This expert holds a PhD and MS in Electrical Engineering, with an undergraduate degree in Electrical Engineering. This expert has testified at trial approximately 20 times, including at jury trials, and has testified at deposition more than 60 times.

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