Early case assessment
Pre-suit and pre-answer technical investigation. Whether the accused product actually does the thing, whether the code supports the story, and what the technical facts will look like once the other side has them too.
Crimson Digital, LLC
Statement of the firm
Crimson Digital, LLC is a technical consultancy retained by counsel in matters that turn on how computer software, a computer system, or an electronic device actually works.
We work principally as non-testifying consulting experts. Our analysis is performed under Rule 26(b)(4)(D) and the work-product doctrine: we are not disclosed, our drafts and communications are not exhibits, and what we find belongs to you and stays with you.
You can ask us what the code really shows before you are committed to a theory, and hear the answer you need rather than the one you can defend.
Our principals hold advanced degrees in computer science and electrical engineering and have spent twenty-five years building the kinds of systems now at issue in litigation — embedded firmware, microsecond-latency distributed storage, production computer-vision pipelines.
We accept retention from plaintiffs and defendants alike. Testifying engagements are considered case by case.
Services
Work performed behind the privilege, before and alongside whatever gets disclosed.
Pre-suit and pre-answer technical investigation. Whether the accused product actually does the thing, whether the code supports the story, and what the technical facts will look like once the other side has them too.
We argue the other side's case against yours and tell you where it holds. Better to lose that argument in a conference room than in a report.
What to demand in production, what a proposed inspection protocol will and will not let you see, and what to do with a code review room once you are in it. The mechanics of getting the right materials are half the outcome.
Searching and characterizing prior art, and assessing whether a claim reads on the accused product, before anyone commits to an infringement or invalidity position.
Reading the other side's report for what it assumes, omits, overstates, or cannot support. Technical deposition outlines and cross-examination preparation for counsel to run.
Depth behind the disclosed witness: verifying analysis, running the work that does not need to be disclosed, and preparing demonstratives that teach.
Technical background for Markman briefing and tutorials, and how a proposed construction plays out against the real implementation.
Technical diligence in acquisitions, internal investigations, insurance matters, and arbitration.
Competence
Where our competence actually lies. Where a matter needs expertise adjacent to ours, we will say so and, if it helps, associate an expert who has it.
Process
Most matters follow the same arc. Some stop early — that is often the point.
A short call, a conflicts check against parties and counsel, and an honest read on whether the technology is within our competence. If it is not, we will say so and try to point you somewhere better.
Engaged by the firm rather than the client, so the work sits under the privilege from the first document we open.
Reading the code, the schematics, the commit history, and the documents. Finding the technical facts before they surprise you.
Delivered the way you need them: a memorandum, a working session, an annotated exhibit set, or a phone call that saves you the memorandum.
Deposition and cross preparation, opposing report analysis, and depth behind your testifying expert — through trial, without ever appearing on a disclosure.
Background
Credentials and experience held by the firm’s principals. We have the credentials, and we have the expertise to back them up.
Next step
Send the parties, the accused technology, and the posture of the case. We will come back with a conflicts answer and availability, usually the same day. Retention is through counsel; rates and curricula vitae on request.