NCRA Helps Convince Court to Reopen Case to Address Validity of Engate Patents and Unfair Competition Claim

April 28, 2004 - The amicus curiae brief [NCRA Members Only Content] filed by NCRA last week in the matter of Engate Inc. v. Esquire Deposition Services LLC and Atkinson-Baker Inc. proved to be critical in helping to get the judge to reconsider his earlier decision not to address the issue of the validity of patents held by Engate on interactive reporter realtime technology. Based on information NCRA presented, the judge recognized the continued threat and uncertainty for court reporters and possibly attorneys and other users as long as the issue of whether Engate has enforceable patents is left unresolved.

"While the judge has consistently ruled in favor of the court reporting firms who are actual defendants in the case, NCRA has recognized from the start that the profession as a whole remains at risk unless the validity of the patents themselves are determined," said Mark J. Golden, CAE, NCRA executive director and CEO. "We are gratified that our arguments helped persuade the judge and that the two remaining defendants will get what they have been asking for and what the profession sorely needs: a decisive and final ruling."

The U.S. District Court for the Northern District of Illinois also will consider the claim by Esquire Deposition Services that Engate has engaged in unfair competition under California law. The judge is expected to rule on the validity and unfair competition issues sometime in June or July. You can find information about the Engate patent litigation

In addition to filing the amicus brief in the case, NCRA has helped agencies and reporters who have received demand letters from Engate to form a self-defense group. NCRA also has contributed $50,000 to the joint defense effort and the development of an expert legal opinion for the benefit of participating members. Summation Legal Technologies has contributed $10,000; Stenograph LLC also has contributed $10,000; and other companies, agencies, and individual reporters have so far contributed more than $10,000, although fund raising efforts have just started. Reporters and agencies need not have received demand letters from Engate in order to support the joint defense effort. Anyone can contribute. Send your check, payable to Engate Joint Defense Fund, to Peter Wacht, Senior Director for Communications and Public Affairs, NCRA, 8224 Old Courthouse Road, Vienna, VA 22182.

For the most current information on the Engate matter, visit NCRA's Key Issues Area.