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Software and Electronics Expert Witnesses

A software expert witness is an engineer or computer scientist who examines the software at issue in a lawsuit, usually by reviewing its source code, and then explains under oath what that code does. Barr Group is an expert witness firm that connects those engineers to attorneys at no cost, with an hourly fee if retained. Our software and electronics expert witnesses work on patent, copyright, trade secret, product liability, and contract matters involving embedded firmware, enterprise and cloud systems, mobile apps, circuits, and chips.

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What a software expert witness does in litigation

Most software disputes come down to a question only the code can answer. Does the accused product perform the claimed method? Was this function copied, or written independently? Did a defect open the throttle without the driver? A software expert witness finds the answer in the source code, documents how it was found, and defends that work at deposition, in a Daubert challenge, and at trial. The work usually falls into six kinds of matter:

  • Patent infringement and invalidity. Mapping claim limitations to source code, testing devices, and analyzing prior art for District Court, ITC, and PTAB proceedings.
  • Source code review. Examining large code productions under a protective order, often in a locked review room on an air-gapped computer, and tying each finding to specific files and versions.
  • Software copyright. Source code comparison and substantial similarity analysis that separates protectable expression from the functional elements copyright does not protect.
  • Trade secret misappropriation. Locating the asserted secrets in the code and distinguishing genuine use from independent development and publicly available material.
  • Product liability and failure analysis. Tracing a failure in an automotive, medical, or industrial product to a defect in its firmware or electronics.
  • Contract disputes and software project failures. Measuring a failed development project against its requirements and industry norms, in court or in arbitration.

Representative matters

Barr Group experts have worked for plaintiffs, defendants, and patent owners. A few of the matters described in our expert witness case studies:

  • Toyota unintended acceleration. A team of five Barr Group software experts reviewed the engine control source code for seven Toyota and Lexus models spanning the 2002 to 2010 model years. Their expert reports were submitted in an economic loss class action that Toyota agreed to settle for $1.5 billion. Michael Barr also testified about the engine software at the 2013 Oklahoma City trial, where the jury concluded that flaws in Toyota's source code caused the accident and death at issue.
  • CCP v. Samsung. Using automated tools to compare source code across dozens of multi-function printer models, Michael Barr concluded that the allegedly infringing code was an application programming interface, which is not eligible for copyright protection under U.S. law. After a special master hearing, the judge decided that Samsung's printers did not infringe.
  • Teradata v. SAP. Working for the plaintiff, Barr Group located and characterized the asserted trade secrets within the relevant source code. In March 2026, on the eve of trial, SAP agreed to pay Teradata $480 million to settle the antitrust and intellectual property claims.
  • Rovi v. Comcast (IPR2017-00941). Michael Barr provided an expert declaration for the patent owner. The Patent Trial and Appeal Board held that the petitioner had failed to prove any challenged claim unpatentable.
  • DirecTV anti-piracy litigation. Barr Group engineers reverse engineered and tested more than 130 electronic and software products alleged to be for use in satellite TV piracy. Their expert reports were submitted in thousands of federal lawsuits, and they concluded that many, though not all, of the accused products were designed primarily for piracy.

How we vet and match software expert witnesses

A testifying expert is only as strong as the review beneath the opinions. When opposing counsel asks whether the expert personally reviewed a file, the answer has to describe work the expert directed and checked. So we match on the technology first: the language, platform, and domain of the accused product. A reviewer fluent in web application code can be lost in embedded firmware or a Verilog design.

Every candidate is reviewed by an engineer and checked for conflicts before you see a name. You receive a short list, typically within 2 to 3 business days, with an explanation of why each candidate fits your case. When a matter calls for a team review, the testifying expert leads it from day one and we provide the names and CVs of the actual reviewers up front. Our guide on how to vet a source code review team sets out the questions to ask any provider. Barr Group is run by engineers and computer scientists, including co-founder Michael Barr, who has testified as an expert before judges and juries nearly thirty times.

Software and electronics areas we cover

Our software and electronics expert witnesses are grouped by the technology in dispute. Each area page shows anonymized profiles of experts in that field, or you can browse the full list of software expert witnesses.

Questions attorneys ask about software expert witnesses

What qualifications should a software expert witness have?

Hands-on development experience in the languages and platform at issue, the ability to explain code clearly to a judge or jury, and a record of opinions that held up at deposition and under Daubert. Depending on the specialty, a typical expert in our network holds an advanced degree, often a Ph.D., along with industry experience.

What is the difference between a testifying expert and a consulting expert?

A testifying expert signs the report, sits for deposition, and takes the stand, so the opinions must be the expert's own. A consulting expert helps you understand the technical issues, evaluate the strengths and weaknesses of your case, and prepare for depositions and trial, without the disclosure requirements that apply to testifying experts. We provide both.

How much does a software expert witness cost?

The search is free and confidential for the attorney. Our fee is built into the expert's hourly rate, so we are paid only if you retain. On large code reviews, much of the line-by-line work can be done by non-testifying reviewers at lower rates, under the testifying expert's supervision.

Do your experts work for plaintiffs or defendants?

Both. The matters above include work for a plaintiff (Teradata), a defendant (Samsung), and a patent owner at the PTAB (Rovi). What makes testimony credible is technically accurate analysis, whichever side retains the expert.

How quickly can you find an expert?

We typically present candidates within 2 to 3 business days, drawing on a database of more than 10,000 experts across every field.

Request a software expert witness

Tell us about the technology, the claims, and your schedule. The search is free and confidential. Contact us about your case or call +1 866-653-6233.