Engate Appeals Court Ruling

Engate has appealed the U.S. District Court's decision invalidating many of Engate's patent claims relating to the provision of realtime, as well as the original court rulings on direct and indirect infringement. The U.S. District Court for the Northern District of Illinois ruled on December 5 that 11 additional Engate patent claims were invalid, bringing to 21 the total number of patent claims held to be invalid.

Engate filed its initial appeal brief in February. We expect the appeals court to review the matter in early spring. NCRA will submit an amicus curiae brief in support of the defendants, Esquire Deposition Services and Atkinson-Baker, and the Court's initial ruling. NCRA will provide as much additional assistance as possible to help the defendants prepare their response to the appeal.

NCRA patent counsel has revised the expert legal opinion originally drafted for members of the Joint Defense Group to reflect the Court's latest ruling. Patent counsel still believes that participants in the Joint Defense Group can rely on the opinion to protect against claims of willful infringement.

As it has done, NCRA will keep members informed about the ramifications of the Engate litigation so that individual member reporters can make informed and independent decisions about what actions are in their own and their firm's best interests. NCRA also continues to help facilitate the defense of member reporters who have decided to join the Joint Defense Group.