Monty G Myers

Mr. Monty G Myers

Eureka Software Solutions, Inc.
3305 Northland Drive, Suite 305
Austin , TX 78731
Office: 512-459-9292
Fax: 512-459-6244
Introduction

Monty G. Myers is the founder and CEO of Eureka Software Solutions, Inc. Mr. Myers, with the support of his team at Eureka, has served as a testifying and consulting software expert witness in over 135 software trade secret, patent, and other technology related cases in both state and federal court.

After over 35 years in business, Eureka is a leading project-oriented, custom software development company based in Austin, Texas. Eureka has built software products and business solutions for an impressive client list which includes members of the Global 1000, Fortune 500, notable private companies, and numerous high-profile start-up organizations. Eureka has a highly successful track record providing state-of-the-art software solutions on a variety of technology platforms. Eureka has enjoyed great business success and has received multiple achievement awards.

As the leader of Eureka, Mr. Myers is truly a practicing industry expert. He excels at many expert roles including software expert witness, software trade secret expert witness, software patent expert witness, and source code expert witness. See Eureka's expert witness website for a list of all 135+ of Monty's cases.

Professional Background

• Currently active software industry executive with 40+ years of technology education and experience.
• Founder of Eureka Software Solutions, Inc. (“Eureka”). CEO of Eureka for 35+ years.
• Involvement in the daily management and operation of Eureka, including business development, contracts, customer relations, project scope, execution and oversight, strategy, and management, hiring and finance. (See www.eurekasoft.com for additional information)
• Negotiated and performed hundreds of real-world software and technology contracts and statements of work involving complex software project and licensing terms and conditions including material intellectual property aspects.
• Actively engaged in handling and protecting the confidential, proprietary, and trade secret information and technology of Eureka and its clients.
• For the last 15+ years has served as an expert witness for a balanced mix of plaintiffs and defendants in over 135 litigation matters ranging from billion-dollar, landscape-changing lawsuits between worldwide industry leaders to smaller-scale litigation between individuals or local businesses.

Capabilities/Resources

▪ Software and computer expert witness experienced and proven at offering expert testimony under-oath at trial, hearings, and depositions.
▪ Extensive work with counsel in the taking and defending of depositions, reviewing, and challenging the testimony of others, and assisting with and implementing an overall trial presentation strategy.
▪ Adept at taking highly technical material and effectively communicating it to counsel, the judge, or a jury in terms they can understand.
▪ Ready availability of Eureka’s experienced team of software developers and IT forensic specialists as needed to analyze or recreate relevant software or hardware platforms or scenarios.
▪ Regular use of proprietary and licensed tools and software to assist with source code analysis and performance testing, load testing, data recovery and extraction, metadata review and management, and e-discovery.
▪ Experience performing analyses supporting matters involving alleged evidence destruction where negative inferences, death penalty sanctions, or other relief is sought by a party.

Practical Implementations of Expertise

▪ Review and comparison of software source code and functionality in relation to contractual commitments and requirements and/or protected intellectual property including, trade secrets, copyrights, and patents.
▪ Computer/software forensics – able to reverse engineer and reconstruct hardware and software environments from backups, remnants, and fragments of deprecated software. Eureka IT and Software development team is skilled at re-creating historical hardware and software environments.
▪ Investigation and assessment of software project bidding, planning and performance with particular attention to adequacy of discovery, specifications, cost estimates, schedules, and deliverables.
▪ Functional and performance testing of software against applicable specifications, warranties or industry standards using proprietary and commercial testing tools and techniques.
▪ Evaluation and use of both traditional and modern software development techniques and strategies, including creative payment structures related to software application/effort valuation and intellectual property licensing and ownership.
▪ Reviewing and exercising software applications and IT networks to expose and correct security issues and weaknesses.

Expertise Application

♣ Patent Infringement/Noninfringement
♣ Patent Validity/Invalidity
♣ Computer/Software Trade Secret Misappropriation
♣ Software Intellectual Property (i.e., copyright, patents, trade secrets, derivative works)
♣ Non-compete Agreements
♣ Computer/Software Forensics and Data Recovery
♣ Computer Software/Programming
♣ Software Project Failure
♣ Computer/Software Technology & Strategy Mapping
♣ Software Testing
♣ Software Analysis & Development
♣ Software/Computer Contracts and Licenses
♣ Software Quality Analysis
♣ Software Project Estimating
♣ Software Schedule Delay & Analysis
♣ Software Outsourcing
♣ Software Source Code Comparison and Analysis
♣ New Computer/Software Product Development and Investigation
♣ Software Project Statement of Work and Specification Review
♣ Software Product Economic Life
♣ Information Technology Practices and Standards
♣ E-discovery
♣ Electronic Due Diligence
♣ Software Proposals
♣ Software Development Methodologies and Standards
♣ Internet/Cloud Commerce and Security
♣ Dispute Resolutions
♣ Internet & Web Strategies
♣ Software Application Valuation & Appraisals
♣ Software Security
♣ Software Consultant Errors & Omissions
♣ Revenue Recognition Models


Areas of Expertise
  • Computers
  • Copyrights
  • Information Technology
  • Intellectual Property
  • Internet
  • Patents
  • Software
  • Software Engineering
  • Technology
  • Wireless Technology

Expert Background
Q: Please list your professional accreditations, degrees, licenses, and certificates granted:
A: Licensed Professional Engineer #75271, State of Texas
Private Instrument Rated Pilot #3014095
Q: On how many occasions have you been retained as an expert?
A: 135+ litigation matters.
Q: For what area(s) of expertise have you been retained as an expert?
A: See Eureka's expert witness website for a list of all 135+ of Monty's cases.
These software, IP, computer, and technology cases cover industries such as:
▪ Artificial Intelligence
▪ Automotive
▪ Banking
▪ Broadcast / Media
▪ Cloud Software / Services
▪ Construction
▪ Data Analytics / Management
▪ Enterprise Software
▪ Finance / Trading
▪ Food
▪ Gaming / Casino
▪ Government
▪ Hardware / Network
▪ Healthcare / Medical
▪ Industrial
▪ Insurance
▪ Legal / Law Enforcement
▪ Logistics / Supply Chain
▪ Manufacturing
▪ Military & Defense
▪ Mobile / Consumer Products
▪ Oil & Gas / Energy
▪ Pharmaceutical
▪ Retail / eCommerce
▪ Robotics
▪ Sales / Marketing / Advertising
▪ Security
▪ Travel / Transportation
Q: On how many occasions have you had your deposition taken?
A: 50+ occasions.
Q: On how many occasions have you been qualified by a court to give expert testimony?
A: 30+ occasions.
Q: On how many occasions have you testified as an expert in court or before an arbitrator?
A: 30+ occasions.
Q: For how many years have you worked with the legal industry as an expert?
A: 15+ years.
Q: What services do you offer? (E.g.: consulting, testing, reports, site inspections etc.)
A: Services include:
▪ Consulting
▪ Testifying
▪ Reports
▪ Onsite inspection of source code
▪ Software and computer systems
▪ Reconstruction of historic software/hardware systems
▪ Forensic analysis of software and data
▪ Patent review and analysis
▪ Trade secret review and analysis
▪ Software expert witness services
▪ Computer expert witness services
▪ Software trade secret expert witness services
▪ Software patent expert witness services
▪ Source code expert witness services

References

Karen Burgess
Taylor, Dunham and Burgess LLC
301 Congress Avenue, Suite 1050
Austin, Texas 78701
(512) 473-2257
kburgess@taylordunham.com

Joseph P. McKay
Friday, Eldridge & Clark
400 West Capitol Avenue
Suite 2000
Little Rock, AR 72201-3522
(501) 370-1497
jmckay@fec.net

Robert Berezin
Weil, Gotshal & Manges, LLP
767 Fifth Avenue
New York, New York 10153
212-310-8884
robert.berezin@weil.com