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Summary Engagement
Issues
Mr. Sherwood has been engaged
to opine on issues relating to the following subjects:
licensing software, patent validity, license valuation,
software valuation, business valuation, license user
measurements, equity distribution for founders, website
development, derivative products, software industry best
practice, wireless products, electronic data recovery,
software benchmark testing and computer product performance
verification. In the following list of engagements, Mr.
Sherwood has provided expert witness reports, deposition
testimony, discovery assistance and/or trial testimony.
Law Firm Engagements
Analyze a $20 million business
and determine if business would have grown to $100 million,
but for defendant’s refusal to sell them a patented product.
Examined all documents such as financials, bank loans,
management, business plans, capital formation documents and
board decisions.
Examine software best
practices of enterprise software developer and methods of
measuring license requirements, measurement data, and
verification of software use, functionality and conformance
with contract purchase development specifications.
Examine license agreement for
conformance to specifications, verification of software
documentation instructions, verification of software and
wireless computer product use and determine value of
software.
Examine license agreement for
conformance to specifications and software distribution
rights.
Examine license agreement and
software for conformance to specifications, analyze customer
software purchase levels for various levels of product
upgrades, determine the number of customers that would have
upgraded, but for the licensee’s inappropriate software
distribution.
Examine co-branding of website
and business loss due to inappropriate distribution of
website software.
Examine websites for
duplication of code and ownership of various software
website commerce and affiliate development components.
Examine license agreement and
software for conformance to contract specifications for
functionality and use.
Examine license agreement and
software for conformance to contract specifications for
functionality and use.
Examine sales of software from
a reseller, but for developer’s refusal to supply current
versions, ability of distributor to manage software through
normal sales channels, value of software and quantity that
would have been sold, but for software developer’s actions.
Determine the value of a
technology business.
Determine business value of
video compression software had venture capital firm invested
in startup and provided initial funding.
Determine value of founders
equity share in the business had the founders had an
agreement in writing for equity ownership, determine share
price and actual total share ownership under premature
departure of one of the cofounders.
Determine value of enterprise
software to licensor where licensee had developed a
derivative product, examine business history, development
and reproduction costs.
Examine license agreement and
software for conformance to contract specifications for
functionality and use.
Examine license agreements for
derivative product rights, best practices with respect to
derivative products, conformance to license agreement
specifications for software development, use and
distribution.
Determine the presence of
secondary considerations for establishing patent validity.
Examine issues of sale of
goods, distributor revenue sharing and pricing with respect
to industry practices for software licensing and
distribution agreements.
Examine source code and object
code license agreements and investment letters of intent
surrounding a software licensing dispute.
Examine issues relating to
licensing software for upgrade, pricing practices and
software license assignment rights
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