VIEW PDF VERSION: Brief in Opposition to Writ of Certiorari

No. 02-1585

IN THE

SUPREME COURT of the United States

Baystate Technologies, INC. (AKA CADKEY CORPORATION) (Petitioner)

v.

Harold L Bowers

(doing business as HLB Technology ), Respondent.

On Petition for a Writ of Certiorari to the United States Court of Appeals for the Federal Circuit

BRIEF IN OPPOSITION TO WRIT OF CERTIORARI

Frederic M. Meeeker

Counsel of Record

BANNER & WITCOFF, LTD.

(201) 824-3000

QUESTION PRESENTED

Petitioner entered into a contract with Respondent whereby Petitioner promised not to reverse engineer Respondent’s software. Petitioner then devoted weeks of development time to reverse engineering Repondent’s software.  Having been found in breach of this contract, Petitioner argues on appeal that its promise was illusory - that the contract is unenforceable as being preempted by the Copyright Laws, and that the Petitioner has a constitutional right to utilize overthing it obtained throuht reverse engineering, even if it is a trade secret. The question presented by the petition, therefore, is as follows:

Did the Federal Circuit properly conclude that private parties are free to enter into contracts involving reverse engineering.

   Brief in Opposition to Writ of Certiorari (PDF FORMAT)