Our Expertise

JurisLogic specializes in forensic software analysis, which we define as the preservation and analysis of computer and network-based evidence either for discussion by the public or in the Courts. We offer a wide range of forensic software analysis services to the legal and business professions.

Patent Infringement Analysis

JurisLogic is experienced with patent litigation involving computer software, working for both plaintiffs and defendants, performing analysis to determine whether the accused device is infringing or whether the claims read on to the accused device, and providing testimony in support of that analysis.

JurisLogic can work with a client’s attorneys to construct a claim lexicon and claim construction charts for each patent in suit.

JurisLogic can also assist in researching likely prior art that may anticipate a given patent.

JurisLogic specializes in all aspects of infringement analysis for software patents or those patents which are implemented using microprocessors, including, where appropriate, reverse engineering of existing products.

Software “Clean Room” Development

The term “clean room” is borrowed from the ultra-clean, filtered-air rooms in which silicon chips are made. As originally used with respect to software, the term refers to a way of creating of software that can prove to a court that no copying occured of protectable elements of the original program.

The objective of a software clean room is to ensure truly independent development of the desired technology using a protocol that ensures that the software is developed without access to information or copyrighted material that would violate the copyright, trade secret or contract rights of any third party. As a part of this development protocol, thorough audit records are maintained to document all information and materials the developers rely upon during development.

Such a clean room is used under several different circumstances which include:

  • The development of a new program designed to compete with or to interoperate with an original program (see Sega Enterprises v. Accolade).
  • To remediate a situation in which there has been an allegation of improper similarities (see such cases as Computer Associates v. Altai or Nintendo v. Atari).

The essence of clean room software development in this legal sense is:

  • The establishment of development procedures that will create a meticulous audit trail showing every aspect and stage of the development process.
  • The creation of design documentation that records the functional requirements of the intended program that is demonstrably devoid of any protectable elements.

Three different groups of people are required for a clean room development:

  • The technicians in the clean room team, uncontaminated by the original proprietary software.
  • The technicians outside the clean room, who study the original proprietary software and prepare the functional specification for the clean room team.
  • The supervisor(s) of the clean room, who are interposed between the team inside and outside the clean room. Such supervisors normally consist of both legal and technical personnel.

JurisLogic has had experience of working in all three capacities in clean room development (albeit for different projects).

Technical Due Diligence

JurisLogic specializes in technical due diligence for mergers, acquisitions, company partnerships, software licensing transactions, and internal product audits. In particular, we are skilled at analyzing programmatic materials to identify and categorize potential third-party exposure in those materials, using a combination of automated tooling and visual inspection (which allows us to apply our combined decades of experience at analyzing programmatic similarities in context, and thereby assess for relevance).

Over the course of thousands of software audits, we have crafted a unique set of skills that allow us to review data sets ranging from small to exceptionally large, working to tight time lines either in JurisLogic’s own secure facilities or on site at a law firm or transaction partner facility, to create reports that provide our clients with easy-to-digest, insightful and useful information.

Because of JurisLogic’s strong connection to the legal profession, we are well-versed in the potential implications flowing from third-party exposure in a body of software, and are comfortable discussing the often cryptic intersection between technology and licenses.

JurisLogic can help manage the entire technical due diligence process, from initial conversations with a transaction partner or internal team, to the coordination of other consultants, to the actual analysis and reporting of findings. Where needed, we can perform “remediation reviews” to validate any remediation actions flowing from our findings (such as code deletion, refactoring or substitution).