Law.com Subscribers SAVE 30%

Call 855-808-4530 or email [email protected] to receive your discount on a new subscription.

Judicial Support for Reverse Engineering

By Terry Ludlow
February 01, 2007

Reverse engineering brings to mind one main question for the intellectual property practitioner: Is it legal? By looking at a few cases dealing with reverse engineering and intellectual property regimes, it is discovered that not only is reverse engineering legal, but it is a means of maintaining competition that is fair and healthy for the marketplace.

In Bonito Boats, Inc. v. Thunder Craft Boats, 489 U.S. 141, 146 (1989), Justice Sandra Day O'Connor stated:

From their inception, the federal patent laws have embodied a careful balance between the need to promote innovation and the recognition that imitation and refinement through imitation are both necessary to invention itself and the very lifeblood of a competitive economy. The novelty and nonobviousness requirements of patentability embody a congressional understanding, implicit in the patent clause itself, that free exploitation of ideas will be the rule, to which the federal protection of a patent is the exception.

The public at large remains free to discover and exploit the trade secrets through reverse engineering of products in the public domain or by independent development ' Reverse engineering of chemical and mechanical articles in the public domain often leads to significant advances in technology.

The competitive reality of reverse engineering may act as a spur to the inventor creating an incentive to develop inventions which meet the rigorous requirements of patentability.

Reverse engineering is widely accepted in industry as a means for companies to obtain competitive intelligence. Nearly every large, successful corporation in the world uses reverse engineering in these two important ways: as a tool for competitive analysis and as a means to uncover possible patent infringements. What companies do with the information gathered from reverse engineering is the determining legal factor.

This premium content is locked for Entertainment Law & Finance subscribers only

  • Stay current on the latest information, rulings, regulations, and trends
  • Includes practical, must-have information on copyrights, royalties, AI, and more
  • Tap into expert guidance from top entertainment lawyers and experts

For enterprise-wide or corporate acess, please contact Customer Service at [email protected] or 877-256-2473

Read These Next
New York's Latest Cybersecurity Commitment Image

On Aug. 9, 2023, Gov. Kathy Hochul introduced New York's inaugural comprehensive cybersecurity strategy. In sum, the plan aims to update government networks, bolster county-level digital defenses, and regulate critical infrastructure.

Law Firms are Reducing Redundant Real Estate by Bringing Support Services Back to the Office Image

A trend analysis of the benefits and challenges of bringing back administrative, word processing and billing services to law offices.

Bit Parts Image

Summary Judgment Denied Defendant in Declaratory Action by Producer of To Kill a Mockingbird Broadway Play Seeking Amateur Theatrical Rights

The Bankruptcy Hotline Image

Recent cases of importance to your practice.

How AI Has Affected PR Image

When we consider how the use of AI affects legal PR and communications, we have to look at it as an industrywide global phenomenon. A recent online conference provided an overview of the latest AI trends in public relations, and specifically, the impact of AI on communications. Here are some of the key points and takeaways from several of the speakers, who provided current best practices, tips, concerns and case studies.