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Cases

Litigation, Expert Witness, and Forensic Experience

The following is a sample of cases on which Dr. Kappelman has worked. About 40% of these cases concern failed and troubled software projects, 40% concern intellectual property disputes related to software and computer-based information systems, and the rest involve matters such as software defects and product liability, cyber-security, and information system management practices. His work is for the most part divided evenly between defense and plaintiff.

Failed and Troubled Software Projects:
  • Software Development Methods and Standards of Practice for Medical Devices: Software for use on MRI machines was under development, but was not completed.
    • Issues: Why did the project fail? Were the software development methods and quality practices below industry and regulatory standards for software in medical devices and equipment?
  • Failed Software Project for Insurance Claims Processing: Software to process and file insurance claims was under development. Software was to provide for either direct data entry from a computer device or the scanning and optical character recognition of paper-based claim forms.
    • Issues: Why did the project fail? Were the personnel on the software development team qualified for this kind of work? Were sufficient time and resources directed by the developer to the software project? Were the methods and practices employed by the developer below industry standards?
  • Failed Project for Hospital Management Software: Software was under development to manage credentialing and background checking of all personnel working at a hospital chain. System also was to management assignments of personnel, rooms, and other facilities.
    • Issues: Why did the project fail? Did the software work as per the contracted and agreed upon requirements and specifications?
  • Troubled Enterprise Resource Planning (ERP) Software Implementation: ERP was to be installed and implemented in an engineering company. System included project management and accounting functions so that resources and personnel could be allocated to the proper engineering projects.
    • Issues: Did the software work as per the contracted requirements and specifications? Were the methods and practices employed by the developers below industry standards?
  • Failed Enterprise Resource Planning (ERP) Software Implementation: A new version of an existing ERP package was to be installed and implemented in a government agency. Project centered on financial, accounting, and budgeting activities for the agency.
    • Issues: Why did the project fail? Was the software defective? Were the personnel on the software development team qualified for this kind of work and were their methods and practices appropriate for the project?
Software-Related Intellectual Property:
  • Information System Patent: Patent infringement and validity involving the architecture and functionality of a complex competitive information system enabling corporate headquarters to control in real time the prices of individual products on signage, advertising media, and point-of-sales terminals at each of over 1,200 individual retail stores.
    • Issues: Was the patent valid? Did infringement take place?
  • Trade Secrets in Software: Intellectual property infringement involving software on MRI machines.
    • Issues: Did software-based trade secrets exist? Did misappropriation of these trade secrets take place?
  • Software Copyright and Trade Secret Infringement: Two companies partnered on the development and ownership of an internet-based software system to offer energy-related real estate properties for sale. Each came to the partnership with unique intellectual property and other contributions. The contract provided that ownership of that prior intellectual property was not to transfer or be used by the other party if and when the partnership terminated, which it did.
    • Issues: What prior intelllectual property existed? Did infringement of the prior and/or the jointly developed intellectual property take place?
  • Software Copyright and Trade Secret Infringement: This intellectual property dispute involved two different operating system utilities for mainframe computers.
    • Issues: Did copyright infringement take place? Were trade secrets regarding the software’s architecture and interfaces to the operating system misappropriated?
Other Legal Cases:
  • Defective Software in Manufactured Telecommunication Equipment: This class action involved whether the manufacturer knowingly sold equipment with defective software that would cause the equipment to fail to operate properly and/or fail to operate at all.
    • Issues: Was the software defective? What problems would the defects cause? Was there a valid reason to knowingly sell telecommunication equipment with these known defects? What resources were required in terms of personnel, time, and money to correct the defects?
  • Cybersecurity Breach and Unauthorized Access: It was believed that a former employee copied personal medical data of patients remotely from a system.
    • Issues: Did a breach and unauthorized access take place? Could it be determined who perpetrated the breach?

18-May-2016