NERA’s Involvement in Disputes over Software Copyrights and Patents

Maintech Inc. and Oracle America recently announced the settlement of a protracted legal dispute between the two companies.  Oracle America, previously Sun Microsystems, alleged that Maintech had infringed copyrighted software in providing third-party maintenance services on Sun servers.  In addition to other claims, Oracle asserted that Maintech had violated the Lanham Act. A NERA team led by Senior Vice President Dr. Alan Cox, assisted Maintech in this matter.  Others on the team included Vice President Dr. Anne Gron, and Associate Director Dr. John Scalf, and former Senior Consultant Georgi Tsvetkov.  

The resolution of the Maintech matter follows the settlement in February 2015 of XimpleWare Corp. v. Versata Software Inc. et al. In that matter, Dr. Cox assisted Versata, which was also accused of copyright infringement and violations of the Lanham Act. Dr. Cox and NERA have been involved in several matters involving software patents and copyrights, ranging from smartphone operating systems to chip design software. These cases require careful review of evidence, sophisticated analysis of market competitiveness and other conditions, review of accounting data, and the application of rigorous economic analysis. These cases often involve analysis of large amounts of complicated and disorderly data. NERA and its experts are well positioned to handle all of these issues.