Source Code and Software Patent Expert Witness: Code Review and Technical Comparison Under Legal Scrutiny
Hands-on source code review and comparison across patent, copyright, and trade secret litigation.
Source Code Tells the Technical Truth
Bruce Weiner is a source code expert witness who reviews and compares source code in patent, copyright, and trade secret disputes. Across 37 years he architected, wrote, and led the enterprise software now in litigation, giving him direct authority on how code is structured, what it does, and whether it was copied.
In litigation, Bruce applies structured source code review and the Abstraction-Filtration-Comparison method to separate protected expression and trade secrets from independent development, and to assess literal and non-literal copying.
Disputes Addressed
- Software patent infringement read on accused source code
- Patent validity and prior-art analysis for district court and PTAB proceedings
- Copyright substantial-similarity and source code copying disputes
- Trade secret misappropriation and independent development analysis
- Source code comparison across versions, vendors, and open-source components
- Software copyright authorship and registration disputes
Analytical Approach
Scope and Secure the Source Code Production
Define the code at issue, establish the protective-order review environment, and inventory versions, branches, build artifacts, and third-party and open-source components.
Source Code Review and Comparison
Function-level and architectural review of the accused and asserted code, including literal copying, structural similarity, comments, and authorship signals.
Apply the Legal Technical Framework
Apply Abstraction-Filtration-Comparison for copyright, claim-by-claim infringement reads for patents, and reasonable-measures and use analysis for trade secrets.
Benchmark Against Recognized Methods
Anchor findings to IEEE 1028 software review practice, USPTO MPEP examination procedure, and accepted code-comparison methodology.
Form Reproducible Technical Opinions
Synthesize the code analysis into clear, reproducible opinions that a judge or jury can follow and that withstand Daubert scrutiny.
Standards Applied
| STANDARD | APPLICATION |
|---|---|
| IEEE 1028 | Software reviews and audits, formal source code review methodology |
| ISO/IEC 5055 | Automated source code quality and structural measurement |
| Abstraction-Filtration-Comparison | Copyright substantial-similarity test, Computer Associates v. Altai |
| USPTO MPEP | Patent examination procedure for software claims |
| 35 U.S.C. 112 | Patent specification, written description, and claim definiteness |
| OWASP | Secure coding reference for software quality disputes |
| DTSA and UTSA | Trade secret misappropriation and reasonable-measures frameworks |
| Daubert and FRE 702 | Reliability standard for expert technical testimony |
| ISO/IEC 25010 | Software product quality model and evaluation |
Relevant Credentials & Experience
- Named in Federal Circuit opinion 986 F.3d 1367 (cxLoyalty v. Maritz) on the technology in dispute
- Testifying expert in PTAB inter partes and covered business method proceedings
- Source code review and comparison — applied in federal court patent, copyright, and trade secret disputes
- 37 years architecting and leading the enterprise software now examined in litigation
- Princeton BSE, Electrical Engineering and Computer Science
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