These blog posts relate to software expert witness services and related litigation.

What is Expert Witness Testimony?

In the context of a civil or criminal court case, a witness is a person who answers questions under oath during a deposition or a trial.  The statements of each witness are his testimony, which is one type of evidence that the trier of fact (judge or jury) may consider in reaching its ultimate decision about what happened.  Significantly, there are several types of witnesses—including expert witnesses—with the rules regarding testimony depending on the type.  In particular, this article explains why opinions are allowed to be included in expert witness testimony.

Differences Between U.S. and Canadian Courts

Laws and legal systems vary by country, sometimes substantially.  Being geographical and cultural neighbors that also share a basis in British common law, it might seem that courts in the United States and Canada would be among the most similar in the world.  In fact, however, there are many significant distinctions.  In this article we summarize some noteworthy differences.

Infringement vs. Invalidity in Patent Litigation

It is often a challenge for non-lawyers—including expert witnesses new to patent litigation—to distinguish between the phrases "patent infringement" and "patent invalidity."  Adding to the potential for confusion, these two very different legal concerns are often at issue in a single trial and thus to be considered and decided by the very same judge or jury.  This article clarifies the distinction between infringement and invalidity.

Glossary of Open Source Legal Terms

A brief glossary of licensing terminology to help engineering teams understand legal terms related to open source software.

Embedded Linux and Copyright Law

The rising popularity of Linux has spurred many embedded developers to consider it as an RTOS alternative. Here are just some of the legal implications for the proprietary parts of firmware with which developers should be familiar.

The State of Software Design for Safety and Security

In this technology brief, we present key findings from Barr Group's 2018 Embedded Systems Safety and Security Survey that is relevant to lawyers engaging in litigation over the design of electronics and software.

Best Practices in Software Source Code Discovery

Software has become ubiquitous. From microwave ovens to electronic throttle controls, it is now embedded into the fabric of our lives through billions of new products each year.  Whether for infringement of intellectual property rights or product liability, when products controlled by software are the subject of litigation, it is imperative to analyze the embedded software, also known as firmware, properly and thoroughly.

Lethal Software Defects: Patriot Missile Failure

During the Gulf War, twenty-eight U.S. soldiers were killed and almost one hundred others were wounded when a nearby Patriot missile defense system failed to properly track a Scud missile launched from Iraq. The cause of the failure was later found to be a programming error in the computer embedded in the Patriot’s weapons control system.

Reducing Litigation Costs: Software Copyright Infringement Detection Tools

In a previously supported case of alleged software copyright infringement, the plaintiff brought suit against the defendant for allegedly continuing to use the plaintiff’s copyrighted software source code in the defendant’s products after termination of a license agreement between the parties.  Fortunately, automated tools helped experts to quickly and inexpensively detect copying of software source code.

Dead Code, the Law, and Unintended Consequences

Dead code has been frequently encountered when conducting source code reviews for litigation. The presence of dead code can have unintended legal consequences and several scenarios have been observed in which dead code heightened the probability of a loss in court.

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