The past decade has seen a proliferation of products and services that use computer networks, the Internet of Things, or the Industrial Internet of Things. This technological evolution has resulted in increased complexity in litigation involving computer-based products and services.  In many types of litigation, such as claims for patent infringement, copyright infringement, trade secret misappropriation, or software licensing disputes, computer source code is at the forefront of the case.

The use of source code evidence at trial, however, introduces unique challenges; principally, the evidence is very difficult to understand for the average fact finder. This two-part series discusses some strategies litigators should consider to effectively present source code evidence beginning with discovery and through trial.

Background