SNMP Research International, et al. v. Nortel Networks, et al.

Analysis Group supported Nortel Networks, the defendant in a litigation alleging breach of software license, copyright infringement, and trade secret misappropriation. The plaintiff, SNMP Research International (SNMPRI) alleged that Nortel improperly transferred SNMPRI’s software without authorization when Nortel sold its lines of business following bankruptcy. The technology at issue related to simple network management protocol (SNMP) for computers. Analysis Group supported three different experts in this case, addressing software coding, damages, and valuation of the protocol.

Our software analytics team was led by Principal Almudena Arcelus and Manager Christopher Llop. They supported our academic affiliate, Professor Michael Mitzenmacher, who provided expert rebuttal testimony that involved a detailed analysis of the source code of the allegedly infringed technology. This review determined whether the code for specific products had been obtained and integrated into Nortel products, and whether the code was or was not creative, and thus copyrightable. Professor Mitzenmacher filed an expert report and was deposed.

Our damages team was led by Managing Principal Laurits Christensen, Vice Presidents Carletta Wong and Kevin Gallagher, and Manager Andrew Ungerer. They supported our internal damages expert, Managing Principal Justin McLean, who estimated damages under breach of contract and copyright infringement liability theories and rebutted plaintiff’s damages expert. Mr. McLean filed an expert report and was deposed.

Finally, our affiliated expert Professor David Reibstein provided a rebuttal opinion regarding a survey conducted by the plaintiff’s expert to assess the relative value of the SNMP protocol to users. He was supported by an Analysis Group team led by Managing Principal Chris Borek and Manager Tracy Offner. Professor Reibstein filed an expert report and was deposed.

The case settled during the bench trial before the US Bankruptcy Court for the District of Delaware.