In addition to having written and edited several long-out-of-print books for software developers on the internal implementation of Microsoft operating systems, Andrew Schulman has more recently been working on several books related to software litigation. These are in various stages of completion.
Claim Charts: Marshaling Facts in Patent Litigation
Reverse Engineering: Purposes, Methodologies, Tools, and Law — including the use of reverse engineering as a fact-gathering tool in litigation
Trade Secrets: Industrial Espionage, Employee Mobility, and Reverse Engineering:
- Industrial espionage: e.g. duPont v. Christopher; military-industrial secrets (Cold War)
- Employee mobility: e.g. California vs. Rt. 128 (see Hyde, Working in Silicon Valley)
- Reverse engineering
- Insider threat: most TS misappropriation related to employees or ex-employees, not hackers/outsiders
- Insider trading as TS misappropriation?
- Non-secret proprietary information (know-how, savoir faire, tacit knowledge)
- Why is TS an IP regime, rather than contract?
- State (e.g. California TS) vs. federal protection (Defend Trade Secrets Act [DTSA], Economic Espionage Act)
- Foreign economic espionage, by state and non-state actors
Expert and Forensic Evidence: Opinions, Bases, Methodologies, and Reliability:
- Forensic evidence
- Possibly include law of computer-generated evidence, so-called “machine hearsay”, sniffer dog evidence (!), etc.
- Possibly include law related to reliability/authenticity of photography/film evidence (see e.g. Schwartz, Mechanical Witness: A History of Motion Picture Evidence in US Courts)
