Whether it involves software that practices a patented invention, software that embodies a trade secret or software that exhibits copyrightable expression, there is no escaping the fact that litigation over software code has become a substantial piece of the IP litigation pie.

The rise of software litigation, however, presents a formidable challenge to litigators who spent their college years studying Proust instead of Pascal, or analyzing Faust instead of FORTRAN. Lacking a basic understanding of software code and the software development process, these litigators often request software code as part of routine discovery, turn it over to experts and hope that something useful comes out of the process.

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