Tom Ashley | Senior Software Consultant

Tom Ashley JD, PMP, PSM I

Senior Software Consultant

With over eighteen years of experience in the IT profession, Tom Ashley has a diverse background in both government and the private sector. At Quandary Peak Research, he specializes in utilizing analytic procedures to generate expert reports on various software-related issues, including copyright and patent infringement, trade secret misappropriation, and software implementation failure. He employs structured data analytics to forensically analyze project schedule delays, assess software performance, and conduct data-based comparisons of program source code and user interfaces to identify potential instances of copying.

Before serving as an expert witness, Tom pursued a JD at the American University Washington College of Law while working full-time at the NIH’s Center for Information Technology. Following law school, Tom interned at an immigration defense law firm, where he researched and drafted appellate briefs for cases before the Board of Immigration Appeals and the United States Court of Appeals for the Sixth Circuit. Prior to obtaining his law degree, he earned a B.A. in Computer Science, cum laude, from Carleton College.

Summary of Qualifications

  • Contributed to several high-profile litigation cases as an expert witness, providing testimony and reports in disputes involving software project failures, breach of contract, trademark infringement, and copyright infringement.
  • Author of expert reports on software-related issues using analytic procedures.
  • Experienced as a project manager and lead analyst, responsible for coordinating the research, drafting, and editing of expert reports on various software-related matters.
  • Member of the Maryland Bar since December 2011.
  • Earned a Juris Doctor degree from American University Washington College of Law.
  • Holds a B.A. in Computer Science, Cum Laude, from Carleton College.
  • Holds certifications as a Project Management Professional (PMP®) from the Project Management Institute and a Professional Scrum Master I (PSM I®) from Scrum.org.
  • Published an article titled “Practical Advice to Beat Piracy” in Intellectual Property Magazine.

Areas of Expertise

  • Software Analysis and Expert Witness Testimony:
    • Extensive experience providing expert testimony in software-related litigation cases.
    • Provided analysis, drafted reports, and testified in depositions and hearings.
    • Proficient in authoring expert reports detailing software-related issues using analytical procedures.
    • Specialized in areas such as patent and copyright infringement, theft of trade secrets, breach of contract, and other software-related matters.
  • Project Management:
    • Served as a project manager and lead analyst overseeing various aspects of software-related projects.
    • Coordinated research, drafting, and editing of expert reports on software-related matters.
    • Managed project schedules, directed forensic analysis, and coordinated activities related to legal cases.
  • Programming:
    • Proficient in a wide range of programming languages, including ABAP, C, C++, C#, Java, JavaScript, Go, HTML, Common LISP, Perl, PHP, Prolog, Python, Scheme, SQL/T-SQL/MySQL, XML.
  • Legal Internship and Immigration Law:
    • Provided legal assistance in immigration/deportation proceedings.
    • Conducted research, drafted, and edited appellate briefs and motions for the Board of Immigration Appeals and United States Courts of Appeal.
    • Developed expertise in immigration law and legal research.

Testifying Engagements

  • Palinode, LLC v. Plaza Services, LLC and Provana, LLC |
    Jurisdiction: U.S. District Court for the District of Delaware
    Case Number: 1:21-cv-01378-MN
    Nature of Suit: Trade Secret; Breach of Contract
    Description: Conducted forensic and source code analysis to compare the parties' systems, identify functional and user interface similarities, and evaluate whether the alleged trade secrets could be replicated using publicly available information. Case settled immediately prior to trial.
    Expert Scope: Submitted expert report (Jan. 17, 2023) and rebuttal report (Mar. 6, 2023), testified at deposition (Mar. 23, 2023), and served as expert for Plaintiff.
  • GalaxE.Healthcare Solutions v. RxSense, LLC |
    Jurisdiction: Supreme Court of the State of New York
    Case Number: 654114/2019
    Nature of Suit: Software Project Failure
    Description: In this software project failure dispute involving the development of a pharmacy benefit management system, analyzed source code repository metadata to quantify the parties' respective software contributions and assessed the extent of system modifications made after project termination.
    Expert Scope: Submitted expert report (June 6, 2022), testified at deposition (Sept. 9, 2022), and served as expert for Plaintiff and Counter-Defendant.
  • 16 Willow Avenue, LLC v. Towson Green Community Association, Inc, et al. |
    Jurisdiction: Maryland Circuit Court for Baltimore County
    Case Number: C-03-cv-19-002745
    Nature of Suit: Breach of Contract
    Description: In this breach of contract dispute involving a contested easement agreement, analyzed document comparison metadata and relevant software workflows to determine whether contract modifications had been properly tracked and preserved.
    Expert Scope: Submitted expert report (May 31, 2022) on behalf of Plaintiff.
  • ConsultUS, LLC and Commoditrade, LLC v. CPC Commodities and ISTT, Inc. |
    Jurisdiction: U.S. District Court for the Western District of Missouri
    Case Number: 4:19-cv-00821-FJG
    Nature of Suit: Trade Secret; Copyright Infringement
    Description: In this trade secret misappropriation and copyright infringement dispute involving agricultural commodities software, analyzed ColdFusion source code to identify alleged trade secrets, evaluated whether plaintiffs took reasonable measures to protect those trade secrets, and performed automated source code comparisons to quantify plaintiffs' original contributions. Case settled prior to trial.
    Expert Scope: Submitted expert report (Jan. 14, 2022) and two supplemental reports (May 6 and May 27, 2022), provided pretrial testimony at a hearing (Mar. 30, 2023), and served as expert for Defendant ISTT, Inc.
  • Certification Trendz and Freetech Services, Ltd. v. Kashif Rashid, et al. |
    Jurisdiction: U.S. District Court for the Eastern District of Virginia
    Nature of Suit: Trademark
    Description: In this trademark infringement case, investigated websites operated by defendants to identify infringing content, documented the scope and duration of the alleged infringement, and analyzed networks of related individuals and entities using identifying and payment processing information. Case subsequently settled.
    Expert Scope: Submitted expert declaration (Aug. 12, 2016), testified at a temporary restraining order hearing (Aug. 26, 2016), and served as expert for Plaintiffs.

Litigation Consulting

  • Confidential Technology Litigation |
    Jurisdiction: Singapore International Arbitration Centre
    Nature of Suit: Arbitration
  • Confidential International Commercial Arbitration |
    Jurisdiction: International Chamber of Commerce (ICC) International Court of Arbitration
    Counsel: Chiomenti Studio Legale
    Nature of Suit: Breach of Contract
  • Self Storage Manager, Inc. v. Tenant, Inc. |
    Jurisdiction: California Superior Court, Orange County
    Case Number: 30-2025-01468037
    Counsel: Stradling Law
    Nature of Suit: Trade Secret
  • Fatboy Tripods, LLC, Opticswap, LLC, and Nuggets Night Vision, LLC v. Chetu, Inc. |
    Jurisdiction: U.S. District Court for the Southern District of Florida
    Case Number: 0:25-cv-61453
    Counsel: Perlman, Bajandas, Yevoli & Albright, P.L.
    Nature of Suit: Breach of Contract
  • MaddenCo Inc. v. James Reed, Dru Darby, HG Autotech LLC |
    Jurisdiction: U.S. District Court for the Middle District of Louisiana
    Case Number: 3:23-cv-01391
    Counsel: Breazeale Sachse and Wilson LLP
    Nature of Suit: Copyright Infringement
  • Shopify Inc. v. Shopline Tech. Holdings Pte. Ltd., Shopline US, Inc., and Sinoxpress Inc. |
    Jurisdiction: U.S. District Court for the Southern District of New York
    Case Number: 1:24-cv-03691
    Counsel: Wilson Sonsini Goodrich & Rosati
    Nature of Suit: Copyright
  • Belvac Production Machinery, Inc. v. Adonis Acquisition Holdings LLC |
    Jurisdiction: U.S. District Court for the District of Delaware
    Case Number: 1:25-cv-00166
    Counsel: McGuireWoods LLP
    Nature of Suit: Copyright
  • River Valley Cooperative v. Jacob Johnson and Gold Star FS, Inc. |
    Jurisdiction: Illinois Circuit Court, Henry County
    Case Number: 2025LA19
    Counsel: Heyl, Royster, Voelker & Allen, P.C.
    Nature of Suit: Trade Secret
  • Jolo Jobs, Inc. v. Tangocode, Inc. |
    Jurisdiction: Circuit Court of Cook County, Illinois
    Case Number: 2024L013978
    Counsel: Lewis Brisbois Bisgaard & Smith LLP
    Nature of Suit: Breach of Contract
  • United States v. Confidential Defendant |
    Jurisdiction: U.S. District Court for Northern District of California
    Nature of Suit: Criminal
  • Chase Global Services v. Protech Solutions Inc. |
    Jurisdiction: AR Civil Division, Circuit Court of Pulaski County
    Case Number: 60-cv-19-739
    Counsel: McDaniel Wolff PLLC
    Nature of Suit: Trade Secret
  • KBranch v. BSI3 Menu Buyer, Inc. |
    Jurisdiction: Superior Court of the State of Delaware
    Case Number: N23C-10-021
    Counsel: Goodwin Procter LLP
    Nature of Suit: Breach of Contract
    Technology: Online food ordering, Google Profiles Integration Software
  • Certain Wireless Communication Devices and Components Thereof |
    Jurisdiction: International Trade Commission (ITC)
    Investigation Number: 337-TA-1429
    Counsel: Sterne, Kessler, Goldstein & Fox PLLC
    Retained By: International Semiconductor Group Co., Ltd.
    Nature of Suit: Patent
    Technology: Wireless Communication, Data Transmission, Digital Signal Processing
  • Algebraix LLC v. International Business Machines Corporation (IBM) |
    Jurisdiction: U.S. District Court for the Eastern District of Texas
    Case Number: 2:24-cv-00999
    Counsel: Nelson Bumgardner Conroy PC
    Nature of Suit: Patent
    Technology: Database query composition.
  • Apkudo, Inc. v. Monirul Quasem, et al. |
    Jurisdiction: American Arbitration Association
    Case Number: 01-24-0003-0907
    Counsel: Kagan Stern Marinello & Beard, LLC
    Nature of Suit: Trade Secret, Computer Fraud
    Technology: Mobile phone grading and testing.
  • FTC in re H&R Block |
    Jurisdiction: Federal Trade Commission
    Case Number: Docket 9427
    Nature of Matter: Consumer Protection Online Application
    Technology: Complex WebServices, Chat bots, Software Design, Migration & Practices.
    Press Release: FTC Finalizes Order Requiring H&R Block to Pay $7M
  • Vimo, Inc. d/b/a GetInsured v. Deloitte Consulting LLP |
    Jurisdiction: Superior Court of California, County of Santa Clara
    Case Number: G-24-7-NA, 22CV405262
    Counsel: Kirkland & Ellis LLP
    Nature of Suit: Trade Secret, Breach of Contract
    Technology: Health insurance exchange software.
  • Zextras S.R.L. v. Synacor, Inc. |
    Jurisdiction: U.S. District Court for the Southern District of New York
    Case Number: 1:23-cv-07937
    Counsel: Hodgson Russ LLP
    Nature of Suit: Copyright, Breach of Contract
    Technology: Email and collaboration software.
  • Meta Platforms, Inc. v. Bright Data Ltd. |
    Jurisdiction: U.S. District Court for the Northern District of California
    Case Number: 23-cv-00077
    Counsel: Proskauer Rose LLP
    Nature of Suit: Breach of Contract
    Technology: Website scraping software and network infrastructure.
  • iSpot.tv, Inc. v. Nadya Teyfukova and Entertainment Data Oracle, Inc. |
    Jurisdiction: U.S. District Court for the Central District of California
    Case Number: 2:21-cv-06815
    Counsel: Holwell Shuster & Goldberg LLP
    Nature of Suit: Breach of Contract, Trade Secret
    Technology: Database schemas and web interfaces for analyzing effectiveness of TV ads
  • MaddenCo, Inc. v. HG AutoTech LLC |
    Jurisdiction: U.S. District Court for the Southern District of Indiana
    Case Number: 3:22-cv-00173-RLY-MPB (filed 10/31/22)
    Counsel: Delk McNally LLP | Breazeale, Sachse & Wilson, LLP
    Nature of Suit: Copyright (Third-Party Neutral)
    Technology: Automobile tire inventory software
  • Serrala U.S. Corp. v. James Paschke and Paschke Consulting, Inc. |
    Description: In this matter involving allegations of trade secret misappropriation and copyright infringement, conducted automated comparisons of the parties’ SAP ABAP source code to determine the extent of alleged copying. Conducted extensive manual tracing of the parties’ source code to determine the degree of non-literal similarity between competing products. Conducted industry research to determine the degree to which similar functionality was well-known in the software industry at the time of alleged misappropriation. Case settled prior to submission of expert report.
    Nature of Suit: Trade Secret; Copyright Infringement
  • Hawai‘i Department of Transportation v. Continental Casualty Company, et al. |
    Description: In this breach of insurance contract dispute involving a contested settlement agreement covering a failed software implementation, reviewed project status reports, project plans, functional/technical specifications, and staffing documentation to determine the parties’ responsibilities for delays encountered on the project. Reviewed project invoices and supporting correspondence to reach opinions on the reasonableness of the stipulated damages award amount. Drafted technical deposition questions for use by counsel. Drafted content for expert report and rebuttal report. Case settled before trial.
    Nature of Suit: Breach of Contract
  • Pre-Litigation Infringement Analysis |
    Description: In this pre-litigation patent infringement assessment, drafted preliminary claim charts depicting the usage of the client’s patented invention by a competing organization. Analyzed network traffic to understand the types of data exchanged by the competing product and to demonstrate a likelihood of patent infringement.
    Nature of Suit: Patent Infringement
  • United Merchant Services, Inc. v. JK Systems, Inc. TX and Ho Kim |
    Description: In a copyright infringement suit relating to dry cleaning software, conducted automated and manual comparisons of Visual Basic files to quantify the extent of alleged copying. Compiled statistics relating to the percentage of source code that was allegedly copied. Created demonstrative depicting the similarities and differences between the parties’ respective source code collections. Case settled prior to submission of expert report.
    Nature of Suit: Copyright Infringement
  • Avionté, LLC v. Aqore, LLC |
    Description: In this trade secret misappropriation suit relating to staffing industry software, reviewed publicly available websites for evidence of public disclosure of alleged trade secret functionality. Assisted counsel in drafting technical discovery requests and deposition questions. Created demonstratives depicting the differences between the parties’ software user interfaces. Case settled prior to submission of expert report.
    Nature of Suit: Trade Secret
  • Eaton Steel Bar Company, Inc. v. Plex Systems, Inc. |
    Description: In a software failure case involving the configuration and installation of an enterprise resource planning system for a steel distribution company, reviewed project status reports, defect records, functional requirements, technical requirements, and project design documents to determine the vendor’s compliance with contractual requirements and industry best-practices. Conducted interviews with key project personnel. Case settled prior to submission of expert report.
    Nature of Suit: Software Project Failure
  • Cerner Limited v. Fujitsu Services Limited |
    Description: In this software implementation dispute involving the installation and customization of an electronic health records (“EHR”) system, served as lead analyst and project manager of a six-person consulting team. Coordinated the review and analysis of contractual documents to gain a detailed understanding of the parties’ respective project responsibilities. Drafted detailed summaries of analytical procedures relating to defect analysis, project management, and release management for negotiation with opposing counsel. Directed and monitored the quantitative analysis of project defect records. Conducted multiple interviews of key project personnel. Case settled prior to submission of expert report.
    Nature of Suit: Software Project Failure
  • PCMS Datafit, Inc. v. Rite Aid Headquarters Corp. |
    Description: In a software failure case involving the installation and customization of a Java-based point of sale (“POS”) system, served as lead analyst and project manager, overseeing the activities of a three-person consulting team. Coordinated the review and analysis of contractual documents, change orders, project plans, and project status reports to evaluate the timeliness of the vendor’s completion of key deliverables. Directed the investigation of production defect records in HP Application Lifecycle Management (“ALM”) and JIRA to support an opinion that the vendor could not have stabilized the production system within a reasonable timeframe after go-live. Coordinated the drafting of a preliminary expert report supporting an opinion that the customer was justified in terminating the development project. Case settled prior to submission of final expert report.
    Nature of Suit: Software Project Failure
  • Crawford & Company v. Cognizant Technology Solutions U.S. Corporation |
    Description: In a software failure case involving a failed implementation of PeopleSoft Financials, served as project manager of a three-person consulting team. Coordinated the development of automated scripts for assessing the quality of PeopleSoft source code. Directed the manual review of PeopleSoft source code by junior staff. Case settled prior to submission of expert report.
    Nature of Suit: Software Project Failure
  • FinancialApps, LLC v. Envestnet, Inc. and Yodlee, Inc. |
    Description: In a matter involving allegations of trade secret misappropriation and breach of contract, analyzed whether certain requirements were met based on defect records and other materials. Evaluated the level of detail set forth in the plaintiff’s invoices. Analyzed design documents and other materials allegedly misappropriated and provided rebuttal opinions and analysis. Drafted content for opening expert report, rebuttal report, and surrebuttal report.
    Nature of Suit: Trade Secret; Breach of Contract
  • Knowmadics, Inc. v. Lisa Cinnamon and LDX, Inc. |
    Description: In a software copyright infringement suit, conducted programmatic comparisons of C#, Java, C++, and SQL files to quantify the extent to which the defendant copied plaintiff’s source code. Compiled statistics relating to the percentage of source code that was copied. Conducted functional tracing of source code to determine whether the defendant copied the structure, sequence, or organization of the plaintiff’s system. Conducted automated and manual reviews of the parties’ respective database schemas to quantify the extent of copying. Drafted content for expert report.
    Nature of Suit: Copyright Infringement
  • PTP OneClick, LLC v. Avalara, Inc. |
    Description: In a patent infringement and trade secret misappropriation action involving technology for automatic tax return preparation, directed the manual review of the client’s C++ source code to locate allegedly infringing technology. Drafted comprehensive written summary of source code review findings.
    Nature of Suit: Patent Infringement
  • Patent Litigation Source Code Analysis |
    Description: In a patent infringement suit involving patents relating to video compression and motion estimation, conducted extensive review and tracing of the client’s C/C++, assembly, and Verilog source code to evaluate the strength of potential non-infringement arguments. Conducted detailed review of the client’s legacy video conferencing applications to support patent invalidity contentions. Drafted comprehensive review of source code findings for counsel. Case settled prior to trial.
    Nature of Suit: Patent Infringement
  • ConnectYourCare, LLC v. Conduent HR Services, LLC |
    Description: In a breach of contract case involving a dispute over the cost of migrating data from a legacy database system, reviewed project plans and cost estimation documents to determine whether the migration vendor adequately supported its cost estimate. Drafted technical deposition questions for use by counsel. Drafted content for expert report and rebuttal report. Case settled before trial.
    Nature of Suit: Breach of Contract
  • Tritium, Inc. v. TritiumSoft, LLC |
    Description: In this breach of contract dispute involving the purchase of an endpoint security software product, reviewed the seller’s C++ source code to identify and quantify the usage of open source and unlicensed third-party materials. Investigated the purchaser’s source code production to determine completeness and integrity. Reviewed purchaser’s source code for the presence of functionality contained in seller’s software. Conducted detailed quantitative analysis of the purchaser’s Jira database instance to compile defect resolution statistics. Analyzed quality of seller’s source code using automated tools and compiled quality metrics. Reviewed deposition transcripts of technical fact witnesses. Authored expert report summarizing results of analysis. Case settled before final submission of expert report.
    Nature of Suit: Breach of Contract
  • Patent Litigation Prior Art Demonstration |
    Description: In this patent infringement action involving patents relating to video compression, prepared a virtual machine environment for demonstrating prior art software products relating to the patents at issue. Installed prior art software in the virtual environment to demonstrate relevant functionality. Case settled prior to trial.
    Nature of Suit: Patent Infringement
  • Philips Electronics N.V. v. HTC Corporation |
    Description: In a patent infringement action involving patents for touch screen functionality on Android-based smartphones, reviewed and traced the client’s Java source code to understand and document the system’s functionality for screen magnification, scrolling, and virtual keyboards. Drafted comprehensive summary of source code review findings.
    Nature of Suit: Patent Infringement
  • TTI, Inc. v. Infosys Limited |
    Description: In this software failure case involving the modernization of the plaintiff’s legacy mainframe hardware and supporting batch applications, conducted extensive review of project status reports, e-mail correspondence, and change request information to determine whether the plaintiff impeded the vendor’s ability to complete the project according to the intended schedule and budget. Compiled quantitative analyses of defect tracking data to evaluate the vendor’s efforts to stabilize the software at issue. Conducted interviews of key project personnel. Drafted content for expert report rebutting the plaintiff’s claim that the vendor was solely responsible for budget and schedule overruns. Case settled prior to arbitration hearing.
    Nature of Suit: Software Project Failure
  • Bisk Education, Inc. v. Aspect Software, Inc. |
    Description: In a software failure case involving a failed upgrade of a cloud-based Customer Relationship Management (“CRM”) system, reviewed project status reports, project plans, functional/technical specifications, and staffing documentation for quality and completeness. Reviewed “sprint” planning documents to evaluate the vendor’s adherence to Agile SDLC best-practices. Case settled prior to submission of expert report.
    Nature of Suit: Software Project Failure
  • MillerCoors LLC v. HCL Technologies Limited and HCL America, Inc. |
    Description: In this software failure case involving a failed upgrade of an ERP system for a large beer manufacturing company, reviewed functional requirements, technical requirements, and project design documents to determine the vendor’s compliance with contractual requirements and industry best-practices. Compiled data analytics relating to the vendor’s defect remediation efforts. Researched project planning documents to evaluate the quality of the vendor’s project management activities during the engagement. Case settled prior to submission of expert report.
    Nature of Suit: Software Project Failure
  • Pre-Litigation Patent Investigation |
    Description: In this pre-litigation assessment for a large computer chip manufacturer, researched a competitor’s modifications to the Linux kernel and accompanying drivers to determine whether the client’s CPU power management patents had been infringed upon. Conducted detailed reviews of operating system source code to ascertain the power management capabilities of the rival manufacturer’s hardware.
    Nature of Suit: Patent Infringement
  • Securus Technologies, Inc. v. Global Tel*Link Corp. |
    Description: In a patent infringement suit involving a patent for a prison inmate telephone system, completed a prior art “stand up” kit to demonstrate the existence of claimed functionality. Reviewed and recompiled client source code to gain a sophisticated understanding of relevant software. Assembled inmate call processing server and installed a reconstructed version of prior art software. Case settled prior to trial.
    Nature of Suit: Patent Infringement
  • Liberian Shipping and Corporate Registry v. Applied Information Sciences, Inc. |
    Description: In a software failure case involving a failed upgrade of an accounting system and operational database for a shipping and corporate registry, reviewed functional and technical requirements, defect records, and project management documents to assess compliance with Agile SDLC best-practices, contractual requirements, and industry standards. Compiled extensive data-based analyses of the vendor’s TFS database to determine defect divergence/convergence patterns. Assisted counsel in drafting of technical questions for use in cross-examination of opposing experts at trial. Drafted content for expert report and rebuttal report, resulting in substantial arbitration award on behalf of the client.
    Nature of Suit: Software Project Failure
  • Academy, LTD. v. Wipro Limited and Wipro Inc. |
    Description: In a breach of contract case involving the implementation of an Oracle Retail Merchandising System for a sporting goods retailer, reviewed functional requirements, technical requirements, and business process documentation to determine timeliness of delivery, compliance with contractual requirements, and compliance with industry standards.
    Nature of Suit: Breach of Contract
  • Sam’s West, Inc. v. Nicole Aloni |
    Description: In a breach of contract case involving the licensing of proprietary culinary articles and recipes, researched the defendant's website and mobile application for evidence of inappropriate or misattributed uses of plaintiff’s proprietary materials. Captured screenshots of current and archived versions of defendant’s website to demonstrate inappropriate usage of proprietary materials. Drafted technical deposition questions for counsel. Drafted content for expert report.
    Nature of Suit: Breach of Contract
  • Mary Rutan Hospital v. NextGen Healthcare Information Systems, LLC |
    Description: In this software failure case regarding a failed implementation of hospital management software, compiled defect data analytics to determine if contractual agreements for support had been met. Drafted content for expert report.
    Nature of Suit: Software Project Failure
  • CGI Information Systems and Management Consultants Inc. v. eHealth Ontario |
    Description: In a software failure case involving the implementation of an online diabetes registry project, reviewed adequacy of project design documents to determine whether purchaser’s rejection of vendor’s design was justified. Drafted content for expert report.
    Nature of Suit: Software Project Failure
  • Arc-Com Fabrics, Inc. v. Third Wave Business Systems, LLC |
    Description: In a software project failure case involving the deployment of an SAP Business One system for use by a textiles manufacturer, drafted content for an expert report opining on issues of system instability, slow system performance, poor source code quality, and deviations from industry standard practices.
    Nature of Suit: Software Project Failure
  • United States Cellular Corporation v. Amdocs Software Systems Limited |
    Description: A software failure matter brought by the fifth-largest wireless telecommunications provider in the U.S. against a leading provider of software and services in the telecommunications and other sectors. During a vast and complex implementation of a customer care and billing system, the parties disputed their respective responsibilities and liability for cost overruns and a delayed go-live. However, instead of terminating the project and entering litigation, the parties documented their disputes and cost overruns in the form of Project Change Requests (PCRs), continued the implementation, and achieved a successful go-live and on-going relationship while resolving the disputed PCRs in arbitration. Performed schedule delay analysis and researched relevant industry standards. Case settled prior to submission of expert reports.
    Nature of Suit: Software Project Failure
  • CedarCrestone, Inc. v. Affiliated Computer Services, LLC, et al. |
    Description: In a software project failure case involving a failed PeopleSoft upgrade, researched functional specification documents to reach an opinion regarding the quality and thoroughness of the vendor's project design.
    Nature of Suit: Software Project Failure
  • California State Controller’s Office v. SAP Public Services, Inc. |
    Description: In a software failure case involving a failed payroll system implementation for the state of California, researched and summarized key issues involved in the litigation, including adequacy of software design, testing, and defect resolution. Drafted content for expert report and rebuttal opinions.
    Nature of Suit: Software Project Failure
  • Credit Acceptance Corporation v. Westlake Services, LLC, et al. |
    Description: In a Covered Business Method Review before the United States Patent and Trademark Office Patent Trial and Appeals Board, analyzed challenged claims in light of the specification and extrinsic evidence, including U.S. and foreign patents and patent applications, to determine the broadest reasonable interpretation of the claims, for the purpose of opining on the validity of the challenged claims.
    Nature of Suit: Patent Infringement
  • Biolumix, Inc. v. Centrus International, Inc. |
    Description: In a patent infringement suit involving a patent for a device to detect the presence of microorganisms in a sample, reviewed and documented the “look and feel” of the relevant systems to reach findings regarding substantial similarity between the accused product and the patented device.
    Nature of Suit: Patent Infringement
  • The Studer Group, LLC. v. The Cleveland Clinic Foundation |
    Description: In this copyright infringement and trade secret misappropriation case, assisted in preparing a substantial similarity analysis to determine if non-literal elements of the programs’ screen displays, including the selection, composition, and arrangement of individual elements of the screen displays, were substantially similar.
    Nature of Suit: Trade Secret; Copyright Infringement

Intellectual Property Consulting

  • Confidential Consulting Company |
    Nature of Consultation: Prior Art Patent Analysis
    Technology: Multimedia.