Cf Dropzonems, LLC v Cockayne

US District Court, District Court of Oregon - 12 September 2019

David APrange, Benjamen CLinden and Vivek Biswas, Robins Kaplan

The broad adoption of computing technology into manyproducts and services has meant that, in litigation, computing functionality isan increasing focus. Source code evidence, which describes how thecomputing functionality works, often becomes central to issues of liability anddamages. But source code evidence can be massive in size, and it can be writtenin a language almost incompressible to a factfinder. Couple these challengeswith a trial time limit, and there is the significant risk that the evidencepresentation may confuse rather than help win the case. Careful preparation isneeded, which should include considering the use of summary trial exhibits.