NCRA Obtains Expert Legal Opinion In Engate Case

June 22, 2004 - To further help reporters who have received demand letters from Engate about their use of realtime reporting technology, NCRA has obtained an expert legal opinion about the Engate patent claims for the exclusive benefit of participants in NCRA's Joint Defense Group. The opinion offers a review of Engate's claims and the legitimacy of the company's patents in light of prior art and other factors.

Firms making decisions based on the opinion letter should be shielded from claims of willful infringement (which, if proven, could possibly involve treble damages and the award of attorney fees), because decisions would have been made in reliance upon the legal opinion. As always, however, reporters and firms remain at risk if Engate's patent claims are valid.

In addition to a substantial contribution by NCRA, funding for the expert legal opinion was obtained from those members participating in the Joint Defense Group, Stenograph LLC, Summation, as well as several individual members and state and local associations.

Based on the legal guidelines under which NCRA must function with regard to Engate's patent infringement claims, the expert legal opinion is available to members of the Joint Defense Group and those firms that have received demand letters from Engate. Contact Pete Wacht, Senior Director for Communications and Public Affairs, at NCRA headquarters (pwacht@ncrahq.org) for more information.

The expert legal opinion is part of NCRA's continuing effort to provide as much information and support as possible so that individual member reporters can make informed and independent decisions about what actions are in their own and their firm's best interests with respect to the Engate patent infringement claims. As it has done in the past, NCRA will also communicate and continue to help facilitate the defense of those member reporters who have decided to join the Joint Defense Group.

The Court's prior rulings on infringement do not bar Engate from making claims against other reporters and firms. Also, the Court is only considering the validity of 22 patent claims at this time. So even if the Court rules in favor of the defendants, which remains to be seen, Engate's numerous other patent claims may still need to be considered. There also is the possibility that either side will file further motions or appeals.

In summary, even though the Court is expected to rule in late July or August, there may be no clear resolution to Engate's patent infringement claims for some time after that.

For the most current information on the Engate matter, visit " pathattribute="0">NCRA's Key Issues Area.