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.
Examine issues relating to licensing,
Website development, software development costs.
Examine issues relating to licensing,
Website development, software development costs.
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