This is the property of the Daily Journal Corporation and fully protected by copyright. It is made available only to Daily Journal subscribers for personal or collaborative purposes and may not be distributed, reproduced, modified, stored or transferred without written permission. Please click "Reprint" to order presentation-ready copies to distribute to clients or use in commercial marketing materials or for permission to post on a website. and copyright (showing year of publication) at the bottom.
Subscribe to the Daily Journal for access to Daily Appellate Reports, Verdicts, Judicial Profiles and more...

Intellectual Property

Oct. 3, 2003

Claim of Reverse Engineering Doesn't Alter Burden of Proof

Focus Column - Intellectual Property - By Benjamin D. Scheibe - Consider the following scenario: The defendant, who has been privy to the plaintiff's trade secret, designs and manufactures a product that competes with the plaintiff's product. The plaintiff cries foul, but the defendant claims that it either "reverse-engineered" the plaintiff's product or developed the information necessary to produce its competing product from publicly available sources.

        Focus Column
        
        Intellectual Property
        

To continue reading, please subscribe.
For only $95 a month (the price of 2 article purchases)
Receive unlimited article access and full access to our archives,
Daily Appellate Report, award winning columns, and our
Verdicts and Settlements.
Or
$795 for an entire year!

Or access this article for $45
(Purchase provides 7-day access to this article. Printing, posting or downloading is not allowed.)

Already a subscriber?

Sign up for Daily Journal emails