Computer Forensics Docket Sheet

The plaintiff filed suit against the defendant, claiming copyright infringement, breach of contract and trade secret theft. The plaintiff claimed he wrote a computer program prior to his employment with the defendant for which the defendant promised him compensation. The defendant failed to pay and developed a similar program after the plaintiff terminated his employment. The defendant claimed that the plaintiff wrote the program during his employment, counterclaimed with similar allegations, and sought a declaratory judgment and partial summary judgment. Contending summary judgment was inappropriate, the plaintiff argued that date and time stamps on floppy discs containing the code proved that he created the program prior to working for the defendant. The plaintiff presented a computer forensic expert's affidavit that indicated it would have been an “enormous task” to change the date and time stamps associated with the files on the floppies. The defendant offered an opinion by another expert who stated that it would be “relatively easy to doctor the time and date stamps on the floppy discs containing [the plaintiff's] original code.” Declining to grant the defendant's motion for summary judgment, the court found that a genuine issue of material fact existed and declared, “[a]ny determination as to which expert to believe … belongs to the jury.” Fowler v. Bell Helicopter Textron, Inc., 2005 WL 548076 (N.D.Tex. Mar. 9, 2005).

Summary Judgment Denied In Light of
Conflicting Computer Forensics Testimony

The plaintiff filed suit against the defendant, claiming copyright infringement, breach of contract and trade secret theft. The plaintiff claimed he wrote a computer program prior to his employment with the defendant for which the defendant promised him compensation. The defendant failed to pay and developed a similar program after the plaintiff terminated his employment. The defendant claimed that the plaintiff wrote the program during his employment, counterclaimed with similar allegations, and sought a declaratory judgment and partial summary judgment. Contending summary judgment was inappropriate, the plaintiff argued that date and time stamps on floppy discs containing the code proved that he created the program prior to working for the defendant. The plaintiff presented a computer forensic expert's affidavit that indicated it would have been an “enormous task” to change the date and time stamps associated with the files on the floppies. The defendant offered an opinion by another expert who stated that it would be “relatively easy to doctor the time and date stamps on the floppy discs containing [the plaintiff's] original code.” Declining to grant the defendant's motion for summary judgment, the court found that a genuine issue of material fact existed and declared, “[a]ny determination as to which expert to believe … belongs to the jury.” Fowler v. Bell Helicopter Textron, Inc., 2005 WL 548076 (N.D.Tex. Mar. 9, 2005).