Software Copyright Infringement

Brief

HKA experts were retained on behalf of a major software company to analyze damage issues related to a competitor’s misappropriation and improper use of enterprise application software, support materials, and database software.  

What we did

Our assignment included calculating the defendants’ “value of use” of the copyrighted materials based on a hypothetical license negotiation.  

Our analyses included an understanding of the unique dynamics of the application software market at the time of infringement and analyzing the financial and economic expectations of the parties related to the use of the copyrighted materials at issue.  

HKA experts also calculated the defendants’ profits from the infringement, the client’s lost profits, and additional costs incurred resulting from the defendants’ alleged misuse of the client’s IP. Prior to trial, the defendants stipulated liability for the alleged copyright infringement, and the trial proceeded for the determination of damages.  

Outcomes

An HKA expert provided deposition and trial testimony, resulting in the largest jury verdict in a copyright infringement case in history.