Dr. Harbury has been retained on numerous occasions as an independent technical expert in software related intellectual property and business disputes. He is sought for his expertise in all aspects of the software development process, his software forensic skills, and his credible and convincing expert testimony. He has authored and served technical reports in federal, state, and arbitration matters. Dr. Harbury has testified in numerous depositions, arbitrations and in jury trial.

• Experienced and credible testimony
  • Deposition, arbitration & jury trial
  • Effective communicator
• Author expert reports
• Prepare visual aids and exhibits

We maintain a document management policy respectful of the rules of discovery

• Infringement Analysis
  • Analysis of claims and claims constructions. Determination if claims read on an accused device or system.
  • Understanding of the Doctrine of Equivalence for software and hardware / firmware systems.
    
• Validity Analysis
  • Analysis of prosecution histories
  • Prior art searches and analysis
  • "Obviousness" analysis

• Measures of substantial similarity for literal infringement of protected works
• Abstraction - Filtration - Comparison testing for non-literal infringement
• Copyright validity analysis

• Analysis for protectable trade secret content and design elements
• Analysis for non-protected elements - does the accused content meet the standard for a trade secret?
• Analysis of public and open-source non-protectable accused elements

• Discovery Issues
  • Formulating complete and specific discovery requests
  • Detecting additional discovery from document productions
• Claims construction and claims chart preparation
• Preservation and analysis of computer based evidence
• Analysis of course of performance in business engagements
• Analysis of software failure, deployment failure, and project failure
• Assist counsel with probative questions for opposing technical witnesses and with understanding technical testimony
• Advising counsel and witnesses in preparation for giving testimony
• Author expert opinion reports and provide credible testimony in both deposition and at trial
• Create diagrams, charts, and other visual aids to communicate and explain technical concepts to non-technical persons, attorneys, judges, and juries.
• Facilitate and moderate technical discussions among counsel, executive management, and experts - often within the client's enterprise.