Technical/Technology Evaluation

In many IP cases, it is important to fully understand the technology at the heart of a dispute. Our team and the extensive network of experts we work with have a deep understanding of a wide range of technologies, including in areas such as software development, source code, hardware engineering, chemistry, and networking. In IP matters, we have been retained to help clients understand the underlying technical issues as they relate to infringement or non-infringement contentions, as well as to develop theories of validity. Our analyses have informed liability and damages arguments in litigation.

We have also advised clients on how to effectively communicate the capabilities, operation, and impact of the at-issue technology in a case. Our technology expertise has been applied in all phases of the litigation process ─ from advising counsel in the early stages of a case on potential ways the case may unfold to developing expert reports and testimony.

Examples of our work in this area include:

  • When developing or addressing infringement contentions, conducting comprehensive software code review, including reverse-engineering of code, to evaluate how the code functions
  • Studying the development of software over time using version history to understand when and how changes were made
  • Reviewing technical components of hardware at issue in IP litigation
  • To address allegations of infringement, performing computer networking analysis to measure server behavior under experimental conditions
  • When assessing whether text or source code copying occurred, leveraging natural language processing (NLP) to study the data and look for “hot spots” of similarity
  • Evaluating the chemical composition of products to determine product similarity