Radical Software & Consulting Inc.
Providing the Best Solution
|Expert Witness Related to Theft of Intellectual Property
- Engaged by : Defense (Stole Rives)
- Result : Defense granted Summary Judgement
- Subject Matter : Software used in large prescription
Mr. Allport was engaged by the defense in a case where the
owner of a software company accused one of the founders of
the firm, several ex-employees and consultants of steeling the
source code and designs for a software product.
The software in question was use to operate the machines
that dispense medications in large institutions such as
hospitals and jails.
Mr. Allport was retained to aid in this process of proving the
plaintiff's accusations had no basis in truth.
To this end the tasks included:
- An important part of the process was to examine: any
possible motif and opportunity of the people at the
plaintiff's software firm to do what they were accused of.
- Reviewing depositions given previously by the
- Interview the defendants on the plans and processes
used to create the application in question. This included
talking to the developers and understanding the
methodologies used to create the application in a
relatively short time.
- Mr.Allport has to assess the abilities of the personnel
being accessed of stealing code to actual take it out of
the plaintiff's location or from one of the plaintiff's client
sites. Mr. Allport found that the personnel that had
access to all of these locations did not have the skill
sets steal code.
- Understand how the defendants system worked versus
the processing methods used by the plaintiff's
- Review documentation provided by the defendants
detailing the application design, programming tools etc.
- Mr. Allport also used his own experience and associated
tracts on rapid application development to examine the
developer resources and level of knowledge of what the
application was required to do.
- Examining the security protocols at the plaintiff's
location and those at the plaintiff's clients to see if the
defendants code have over-ridden protocols to steal
code and other information. After examining all possible
scenarios Mr. Allport was sure that the defendants had
no opportunity to steal code.
- As to motif: the defendants were going in a different
business direct to the plaintiff's company and therefore
had no need for the plaintiff's code.
When all the above tasks were completed Mr. Allport created a
report examining all of the information and concluded that it
was not possible for the defendants to have done what they
were accused of. The attorney included this in the Summary
Judgement application to the court. The case against the
defendants was dismissed.