Software License Agreement Litigation

Analysis Group was retained on behalf of an information management software company, the plaintiff in a copyright and breach of contract litigation brought against another software developer. The plaintiff alleged that the defendant breached an exclusive license agreement (ELA) for the use of its software and violated the plaintiff’s intellectual property by marketing and selling derivative products. An Analysis Group team supported an affiliated expert, who examined the code to determine whether the defendant’s products were derivative of the plaintiff’s software, and hence covered by the ELA. The Analysis Group team also set up an information technology solution to simulate the servers of the product, allowing for a visual inspection and comparison of product features. We also supported an internal expert to opine on damages.