Forensic, General & Medical
Expert Witnesses

Software Expert Witness, Source Code Expert Witness and Legal Consultant

Monty G. Myers - Eureka Software Solutions, Inc.

Monty G. Myers - Eureka Software Solutions, Inc.

3305 Northland Drive
Suite 305

Austin, Texas 78731

Phone(512) 459-9292
Fax (512) 459-6244

Website eurekasoft.com
E-mail  Send an email

Expert WitnessForensic ExpertSpeaker
Mr. Monty G. Myers is the founder and CEO of Eureka Software Solutions Inc. Eureka is a leading project-oriented, custom software development company based in Austin, Texas. The company has built software products and business solutions for a client list including members of the Global 1000, Fortune 500, notable private companies, and numerous start-up organizations. Eureka has a highly successful track record providing state-of-the-art software solutions on a variety of technology platforms. Mr. Myers is a practicing industry expert.

Services

Mr. Monty G. Myers has the following capabilities/resources:

• Software Expert Witness
• Equally comfortable in either a consulting or testifying expert role.
• Proficient at giving depositions and offering in-court testimony – hearings and trial.
• Experienced in assisting counsel with the taking and defending of depositions, reviewing and challenging the testimony of others, and preparing and implementing an overall trial strategy.
• Adept at taking highly technical material in the software field and effectively communicating it to a judge or laymen in terms they can understand.
• Ready availability of Eureka’s experienced team of software developers and IT forensic specialists as needed to analyze or recreate a relevant software or hardware platforms or scenarios.
• Direct access to and familiarity with proprietary and licensed tools and software to assist with code analysis and performance testing, load testing, data recovery and extraction, metadata review and management and e-discovery.
Practical Implementations of Expertise
• Source code review and comparison of source code form and functionality in relation to copyrights, contractual commitments and requirements, and/or protected intellectual property including, trade secrets, copyrights and patents.
• Computer/software forensics – able to reverse engineer and reconstruct hardware and software environments from backups, remnants and fragments of historical software. Eureka IT and Software development team is skilled at re-creating past hardware and software environments.
• Investigation and assessment of software project bidding, planning and performance with particular attention to adequacy of discovery, specifications, cost estimates, schedules and deliverables.
Practical Implementations of Expertise (continued)
• Functional and performance testing of software against applicable specification, warranty or industry standard using proprietary and commercial testing tools and techniques.
• Evaluation and use of both traditional and cutting edge software development techniques and strategies, including creative payment structures related to software application/effort valuation and intellectual property licensing and ownership.
• Reviewing and exercising software applications and IT networks to expose and correct security issues and weaknesses


Litigation Support Services

Mr. Monty G. Myers is proficient at giving depositions and offering in-court testimony – hearings and trial. He is experienced in assisting counsel with the taking and defending of depositions, reviewing and challenging the testimony of others, and preparing and implementing an overall trial strategy. Also adds significant value in helping legal counsel and the court understand complex software, source code and other technologies. Provides software source code review and comparison to assist attorneys in patent, trade secret and copyright cases.

Areas of Expertise

Profile

• Currently active software industry executive with 30+ years experience.
• CEO and Founder of Eureka Software Solutions, Inc. (“Eureka”) a custom software development company actively involved in the building of complex software and writing of source code for a wide range of clients
• Involvement in all aspects of the daily management and operation of Eureka, including business development, contracts, customer relations, project scope, strategy and management, hiring and finance.
• Negotiated and performed hundreds of real-world software and technology contracts and statements of work involving complex software project and licensing terms and conditions including material intellectual property aspects.
• Actively engaged in handling protecting the confidential, proprietary and trade secret information and technology of Eureka and its clients.
• Custom software development company founded in 1986.
• Client list includes Global 1000 and Fortune 500 companies covering a wide range of industries from transportation and energy to manufacturing and healthcare.
• Services cover full spectrum of legacy, current and emerging development platforms.
• Microsoft Certified, and equally experienced in Java/Open Source and embedded systems, as well as a number of other technologies and applications.
• Profitable and award winning company for more than two decades under Mr. Myers’ direction.

Consulting Practice

Texas, New York, California, All States

More Information

Software Expert Witness
Computer Expert Witness
Source Code Expert Witness
Eureka Software Expert Blog, Litigation Support
Eureka Software Expert Bio, Legal Consultant
Contact Eureka Software Solutions, Expert Witness

Monty G. Myers - Eureka Software Solutions, Inc. in the Social Networks

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Licenses

• Licensed Professional Engineer #75271, State of Texas
• Private Instrument Rated Pilot #3014095


Legal Experience & Services

• Evolutionary Intelligence, LLC v. Apple, Inc., US District Court for the Eastern District of Texas, Tyler Division - Consulting and testifying expert for the Defendant in software patent infringement case in Texas federal court. (2013)
• American Airlines, Inc. v. Sabre Inc., Sabre Holdings, Inc. and Sabre Travel International Ltd., 67th Judicial District Court, of the State of Texas, Tarrant County - Consulting and testifying expert in a high profile state court antitrust matter within the air travel industry involving travel-shopping technologies for airfare and optional services. (2011-2013)
• American Airlines, Inc. v. Travelport Limited and Travelport, LP, US District Court for the Northern District of Texas, Fort Worth Division - Consulting and testifying expert in a high profile federal court antitrust matter within the air travel industry involving travel shopping technologies for airfare and optional services. (2011-2013)
• Intellectual Ventures I LLC et.al. v. Symantec Corp., US District Court for District of Delaware, Consulting and testifying expert in software patent infringement case in Delaware Federal Court. (2013)
• DDB Technologies LLC v. Yahoo! Inc., US District Court for the Western District of Texas, Austin Division – Consulting and testifying expert for Defendants in Federal Court case involving alleged infringement of involving live sporting event broadcasting technology. (2011)
• JurisDictionUSA, Inc. v. Loislaw.com, Inc. and Aspen Publishers, Inc., et.al., Circuit Court of Crawford County, Arkansas, Civil Division - Consulting and testifying expert on significant state court case involving historical reconstruction and testing of legal software product and analysis and testimony concerning the performance of such software product against contract specifications. (2007-2008)
• Planview, Inc. v. Computer Associates International Inc., 345th Judicial District Court of the State of Texas, Travis County - Consulting and testifying expert on state court case involving misappropriation of software trade secrets by key personnel and the comparison of each party’s complex proprietary software systems in order to determine if misappropriation occurred. Case resulted in one of the largest monetary settlements of its kind in Texas in favor of our client. (2007-2008)
• Jatin Suryawanshi, Partha Sarkar, and Sanjay Girdhar v. UBS AG and UBS Securities LLC, arbitration before the Financial Industry Regulatory Authority and – Consulting and testifying expert in FINRA Arbitration involving alleged misappropriation of trade secret, software, comparison and analysis of each party’s complex financial/trading software systems, and forensic review of computer hardware systems to determine access to and existence and transfer of trade secrets. (2009-2010)
• General Parts, Inc. (Carquest Auto Parts) v. Internet AutoParts, Inc., US District Court for the Western District of Texas, Austin Division – Consulting and testifying expert in federal court case involving comparison and analysis of software products against contract requirements and specification. (2009)
• Chevron USA, Inc. v. Qiang Zhou and Maxwell Dynamics, Inc., US District Court for the Southern District of Texas, Houston Division – Consulting and testifying expert for plaintiff in case alleging misappropriation of trade secrets and breach of employment agreement. Federal district court case involving advanced oil and gas industry software and technology. Assisted in successfully seeking preliminary relief and early-agreed resolution. (2010)
• Scienton Technologies, Inc. et.al. v. Computer Associates International, Inc., US District Court for the Eastern District of New York – Consulting and testifying expert for plaintiffs in case involving dispute between former joint development partners over alleged misappropriation of trade secrets and know-how and breach of collaboration and confidentiality agreements. Federal district court case involving Sharepoint and enterprise data storage solutions. (2010-2013)
• International Business Machines Corporation v. BGC partners, Inc., US District Court for the Southern District of New York et al. – Consulting and testifying expert for defendants in software licensing case in Federal District Court in New York. (2010-2011)
• Touchcom, Inc., et.al. v. Bereskin & Parr, et.al., US District Court for the Eastern District of Virginia, Alexandria Division– Consulting expert for defendants on means plus function software patent infringement case embedded within legal malpractice case. Federal district court case involving oil and gas related technology. (2010-2011)
• Charles Moon and AISoft, Inc. v. Infoglide Corporation., 353rd Judicial District Court of the State of Texas, Travis County - Consulting and testifying expert on state court case involving retention of trade secrets and other intellectual property rights by key employees and forensic and comparative determination of whether such employees brought the trade secrets and intellectual property to their subsequent employer. (2007-2008)
• e-BackgroundChecks.com, Inc. v. Deverus, Inc., 261st Judicial District Court of the State of Texas, Travis County – Consulting and testifying expert on state court case with focus on determining whether software trade secrets misappropriated by employee had been integrated into subsequent employer’s competitive software product. (2006)
• Universal Background Screening, Inc. v. Deverus, Inc. - Consulting and testifying expert on state court case with focus on determining whether software trade secrets misappropriated by employee had been integrated into subsequent employer’s competitive software product. (2007)
• Avepoint, Inc. v. Janalent Corporation, US District Court for the District of New Jersey – Consulting and testifying expert in federal court case (District of New Jersey) involving misappropriation of trade secrets and breach of contract related to enterprise document management software. (2009-2011)
• Lewis and Clark Outdoors, Inc. v. L.C. Industries, Inc., United States District Court for the Western District of Arkansas, Fayetteville Division – Consulting and testifying expert on state court case involving infringement/theft of trademark and trade dress. (2009)
• 2-Wire, Inc. - Consulting expert related to review and analysis of product economic life for large telecommunications equipment manufacture for use in creating revenue recognition model complying with generally accepted accounting principles. (2008)
• Epic Merchant Management, Inc., et.al. v. West Oaks Energy, LP, et.al, 281st Judicial District of the State of Texas, Harris County – Consulting and testifying expert for plaintiff/employer in case involving alleged misappropriation of software trade secrets, breach of employment contract, breach of fiduciary duty and fraud. Texas state court case involving proprietary energy trading systems software. (2010)
• SFA Systems, LLC v. Bigmachines, et al., US District Court for the Eastern District of Texas, Tyler Division - Consulting and testifying expert for Plaintiff in case involving infringement of patent related to sales force automation systems and software. (2010-2011)
• SFA Systems, LLC v. 1-800-Flowers.com, Inc., et al., US District Court for the Eastern District of Texas, Tyler Division - Consulting and testifying expert for Plaintiff in case involving infringement of patent related to sales force automation systems and software. (2010-2011)
• CAM Technologies, Inc. and CAM Technologies IP Holdings, LLC v. Compressed Air Network, Ltd. et al., US District Court for the District of Maryland, Baltimore Division – Consulting expert in software copyright infringement and trade secret misappropriation case in Federal District Court in Maryland. (2010-2012)
• Phoenix Licensing, LLC et al. United National Corporation, First Premier Bank, and Premier Bankcard, LLC et al., US District Court for the Eastern District of Texas, Marshall Division – Consulting and testifying expert for Defendants in US District Court, Eastern District of Texas case involving alleged banking software patent infringement. (2013)
• Quadrus Corp v. Criley and Cohesion Force, Inc., 123rd State Judicial Circuit Court of Alabama, Madison County – Consulting expert for plaintiff in copyright infringement and trade secret misappropriation case involving software for tracking xml data traffic related to the defense industry. (2010-2011)
• Bridgetree, Inc. et al. v Red F Marketing LLC et al., US District Court for the Western District of North Carolina – Consulting and testifying expert for Defendants in Federal Court case involving alleged misappropriation of software trade secrets and copyright infringement. (2011-2013)
• TravelFocus, LLC v. World Ventures, LLC, County Court at Law No. 4 of the State of Texas, Dallas County - Consulting and testifying expert engagement involving alleged misappropriation of travel shopping software trade secrets and the comparison of each party’s complex proprietary software systems. (2012-2013)
• Herbert and Marlene Singer Living Trust, et.al. v. The Travelers Lloyds Insurance Company and First Texas Insurance Services, LC, United States District Court for the Eastern District of Texas, Tyler Division – Consulting and Co-Defendant Travelers over existence of e-mail communication. Provided in-depth forensic inquiry into each party’s primary and back-up IT systems to determine whether e-mail was sent and/or received. (2009-2010)
• My485, Inc. v. Riverside Partners, LLC et al., 67th Judicial District of the State of Texas, Tarrant County – Consulting and Testifying expert for Defendants in Texas State Court case involving alleged misappropriation of trade secrets related to healthcare and medical record related software. (2011-2013)
• Pulsepoint, Inc. and UnsubCentral, Inc. v. Optizmo Technologies, 33rd Judicial District of the State of Texas, Travis County – Consulting and testifying expert witness in Texas state court case involving alleged misappropriation of software trade secrets. (2013)
• Anue Systems, Inc. v. Sameer Gupta and Giganet Systems, Inc., 126th Judicial District of the State of Texas, Travis County - Consulting and testifying expert for Plaintiff in Texas State Court case involving alleged misappropriation of trade secrets related to network switching and security technology. (2012)
• MSCI Inc. et al v. Philip Jacob, Axioma, Inc. et al., Supreme Court of the State of New York, New York County – Consulting and testifying expert for Defendants in New York Supreme Court case involving alleged misappropriation of trade secrets related to multi-asset investment portfolio risk management software. (2012-2013)
• Kenneth C. Henry v. Petrolink Services, Inc. v. Digital Well File, LLC, 133rd Judicial District of the State of Texas, Harris County – Consulting and testifying expert in Texas State Court case involving petroleum data management software. (2011-2013)
• Travel Syndication Technology, LLC v. Fuzebox, LLC and Digital Commerce, US District Court for District of Delaware – Consulting and testifying expert in Delaware Federal Court case involving technology/software contract performance and intellectual property ownership and misappropriation. (2012)
• Variant Holdings, LLC and Variant, Inc. v. TravelClick, Inc., US District Court for the Western District of Wisconsin, Consulting and testifying expert for Defendant in Texas Federal Court case involving infringement of software patents covering emote kiosk marketing in the travel industry. (2013)
• First Bank & Trust v. Gulf Coast Bank & Trust et.al., Consulting and testifying expert for Defendants in case involving misappropriation of trade secrets in banking software in Louisiana Federal Court. (2013)
• Macro Niche Software, Inc. et.al. v. 4 Imaging Solutions, LLC et.al., US District Court for the Southern District of Texas, Houston Division, Consulting and testifying expert for Defendants in Texas Federal Court case involving copyright infringement related to medical device management software (2013)
• Vertical Computer Systems, Inc. v. LG Electronics Mobilecomm U.S.A., Inc. et.al., US District Court for the Eastern District of Texas, Marshall Division, Consulting expert for Defendant in Texas Federal Court case involving alleged patent infringement. (2013)
• In the Matter of Certain Wireless Devices, United States International Trade Commission, Washington, D.C., Consulting and Testifying expert for Respondents ZTE, Inc., Samsung Electronics America, Inc., Samsung Electronics Co., Samsung Telecommunications America, LLC, Sony Corporation, Sony Mobile Communications (USA) Inc., and Nokia Inc. (2014)
• Special master and advisor to arbitration panel and parties in a software trade secret arbitration under the large and complex case rules of the American Arbitration Association.
• Consulting expert in several additional patent infringement cases involving the analysis and charting of complex patent claims and the assessment of whether a product or process infringes such claims, including for a major broadcast media conglomerate.


Awards & Honors

Multiple Regional Fastest Growing Company Awards
Microsoft Outstanding Partner Awards


Professional References

“Monty Myers and his team have been a key factor in my successful litigation of trade secrets cases. Monty is not only knowledgeable about the highly technical aspects of software development and forensic analysis, but he also has a firm grasp of the business processes involved. Likewise, he communicates like a business person – so his testimony is clear and understandable and even enjoyable because we’re all learning from him and his colleagues. One of my favorite aspects of working with Monty’s team is that they delve deep enough, early enough, to help craft the parameters of the dispute.”

Karen Burgess
Taylor, Dunham and Burgess Austin, Texas

“Monty Myers was a key witness in a recent complex case involving a software development project. His reconstruction of previous versions of the software was critical for the jury's understanding of our case. Monty is an excellent communicator and has the unique ability to explain advanced technical issues in simple terms that jurors understand. The major reason for our success at trial was due to Monty Myers' testimony."

Joe McKay
Friday, Eldridge & Clark, LLP
Little Rock, Arkansas

“I felt equally comfortable bringing M. Myers in to handle heavy technical lifting in the maintenance and improvement of our firmware and product management system as I did in asking him to analyze our financial data and issues related to product economic life and revenue recognition.“

Damien Leostic
2Wire, Inc
San Jose, California


Education

• Bachelor of Science in Engineering, Texas A&M University, Cum Laude
• Substantial graduate level course work at the University of Texas





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