If you're currently involved in a legal matter related to software, such as an intellectual property infringement suit, it might be in your best interest to hire and work with an expert witness in the software field.

But what exactly does a software expert witness do, and how is it going to help your case?

What Is a Software Expert Witness?

An expert witness is typically an expert in their respective industry. They typically have many years, if not decades of experience. They may have an educational background that makes them an expert in their field. They may have certain credentials or qualifications that allow them to call themselves an expert. No matter what, these experts must have qualities that objectively establish them as knowledgeable and competent in their field.

This expert provides information, advice, and resources to lawyers and their clients, helping them build a case. They may assist with research and analysis work, investigations, witness testimony, and even negotiations. Their job is to use their expertise as a way to advance a legal strategy.

A software expert witness is a person with lots of expertise in the software industry, typically software development. They can help with things like intellectual property investigations, litigations, and trials for matters concerning software.

Types of Software Related Litigation

What types of legal issues do we typically see in the software realm?

·       Intellectual property rights. Intellectual property rights cover a broad span of concepts, including things like trade secrets, copyrights, patents, and trademarks. While some of these terms are used interchangeably in common parlance, they each carry a distinctive legal meaning. Any violation of the intellectual property rights associated with your software could be cause for legal action.

·       Licensing issues. You may also have issues with users inappropriately licensing or failing to license your product. Most software companies don't care about individual users, but enterprises and large organizations using your products could be cause for legal action as well.

·       Data privacy and consumer protection. Software developers need to think carefully about data privacy and consumer protection. Issues surrounding data privacy and consumer protection may motivate a lawsuit.

·       Regulatory compliance. Software developers are also concerned with regulatory compliance. There are lots of regulations and restrictions dictating how software companies operate and distribute their products, and they all need to be followed.

·       General disputes. Almost any type of dispute in which software companies or software products are involved could lead to software related litigation.

How a Software Expert Witness Can Help

These are some of the specific ways that software expert witnesses can help:

·       Research. Software expert witnesses can help you research the matter at hand. Depending on the nature of the infraction or incident, they may assist with better understanding the software products involved, better understanding the history of that software development, or something else entirely.

·       Analysis. These expert witnesses can also conduct certain types of analysis. They may be able to penetrate the source code of a piece of software to investigate patent infringement issues, for example, or they may analyze other pieces of evidence to prove wrongdoing.

·       Perspective. Lawyers also appreciate having expert witnesses because they provide perspective. As a software developer, they can provide insights into what a reasonable software developer would do. They can help differentiate an innocent mistake from deliberate intellectual property rights infringement. They can also help elucidate topics that are difficult for lay people to understand.

·       Preparation. Ultimately, software expert witnesses are there to help lawyers prepare a case. They may assist in gathering and presenting evidence. They may educate the lawyer and their client about important topics in the field of software development. They may make recommendations for arguments to make or other proverbial stones to turn over. They can even get involved in negotiations sometimes.

·       Testimony. In some cases, an expert witness may be useful in providing testimony. In early proceedings, expert witnesses can provide statements to support a certain position. In the rare event that the case goes to trial, your lawyer may call the expert witness to the stand. In this situation, the expert witness will answer questions from lawyers representing both the plaintiff and the defendant. Your lawyer will prepare them beforehand to properly assist your case.

·       Negotiation assistance. Having an expert witness can also give you negotiating power. They may help provide you with the objective data necessary to strengthen your negotiating position, or they may be willing to lend their expertise to your cause in other ways.

If you have a software related legal issue, it's important to talk to a lawyer as soon as possible. Your lawyer can help you better understand your circumstances and the potential case in front of you, and they can give you guidance on whether it makes sense to hire a software expert witness.