can publicly available information be a liability?

[howyadoinbob]

What is the name of your state (only U.S. law)? NJ
my company is developing products with high demand and very few competitors. In order to keep from falling behind I find that it is necessary to continue doing research. Lets say I have a folder on a computer that is filled with technical information from our competitors and all this information is acquired legally and is publicly available. If this was discovered could this be used as legitimate evidence against us if a law suit were to occur?

Like lets say for example we are being accused of patent infringement. We are not infringing on any patents that we are aware of but if we are accused of it, would it hurt us if it were discovered that we have all this information on our competitors?

Its a little similar to microsoft vs apple. These companies knew what the other one was up to at all times, I don't think having legally acquired information can be a liability can it?

 

[quincy]

What is the name of your state (only U.S. law)? NJ
my company is developing products with high demand and very few competitors. In order to keep from falling behind I find that it is necessary to continue doing research. Lets say I have a folder on a computer that is filled with technical information from our competitors and all this information is acquired legally and is publicly available. If this was discovered could this be used as legitimate evidence against us if a law suit were to occur?

Like lets say for example we are being accused of patent infringement. We are not infringing on any patents that we are aware of but if we are accused of it, would it hurt us if it were discovered that we have all this information on our competitors?

Its a little similar to microsoft vs apple. These companies knew what the other one was up to at all times, I don't think having legally acquired information can be a liability can it?

Why do you need technical information from your competitor? Why are you worried about being accused of patent infringement?

Without a review of ALL facts, it would be difficult for anyone here to judge your risks. For a personal review, you would need to discuss the matter with an attorney in your area.

 

[howyadoinbob]

I am not worried, my boss is. Our competitor has published data that is very valuable to us. (rather than reinvent the wheel, why not take research that has already been done and is readily available?) I want to keep a folder on company computers with this information (so that way I don't need to go on their website all the time) but the boss won't let me because he is worried that if a law suit does occur it could be used against us.

the data I am referring to will allow us to get more accurate simulation results before going into prototyping phase. it is just useful information, not anything that is patented or proprietary.

 

[Proserpina]

I am not worried, my boss is. Our competitor has published data that is very valuable to us. (rather than reinvent the wheel, why not take research that has already been done and is readily available?) I want to keep a folder on company computers with this information (so that way I don't need to go on their website all the time) but the boss won't let me because he is worried that if a law suit does occur it could be used against us.

the data I am referring to will allow us to get more accurate simulation results before going into prototyping phase. it is just useful information, not anything that is patented or proprietary.

Ah. Because that research might just belong to your competitor.

Your boss is wise to be concerned.

 

[quincy]

I am not worried, my boss is. Our competitor has published data that is very valuable to us. (rather than reinvent the wheel, why not take research that has already been done and is readily available?) I want to keep a folder on company computers with this information (so that way I don't need to go on their website all the time) but the boss won't let me because he is worried that if a law suit does occur it could be used against us.

the data I am referring to will allow us to get more accurate simulation results before going into prototyping phase. it is just useful information, not anything that is patented or proprietary.

Some information that is publicly available or in the public domain can still be subject legally to use restrictions.

No one here will say your boss has no reason to be concerned, because your boss has access to all of the facts and we have access to none. If your boss does not want the competitor's technical data stored on company computers, for whatever reason, then the technical data cannot be stored on the company's computers.

You or your boss can consult with an attorney in your area now to determine better what sort of legal ground you stand on in respect to the research data, and you or your boss will want to consult with an attorney in your area if faced now or in the future with any legal action filed against you.

 

[Zigner]

Strange...when my boss tells me to do something like...oh, I don't know...not have certain information on my company computer, I tend to follow directions.

I'm just funny that way.

 

[twoinone]

anything that has been invented in the past 30 years some one has invented it before and only were restricted by the technology of their time, just take Tesla as an example, the man had countless patents and countless inventions. the whole wireless technology is based on his idea to supply electricity without using any cables or wires, what good did come out of it ? bluetooth, wireless internet etc, so basically anything we invent are merely improvements of someone else's work. but to get back on the topic, if the competition publishes anything on their site it's not a secret anymore and can be accessed by the people, any information that is being published is free to be used for own purpose. your competition is publishing their data so they are willingly revealing it to the world and are aware of the risks, just like people who are using facebook, email, or the google playstore for android phones. the apple vs samsung case is something entirely different, but i would say it is wrong to use their information as in to look for ideas and monitor the improvement of the project and then just change a thing or two and place the product as your own product.

 

[quincy]

... any information that is being published is free to be used for own purpose. your competition is publishing their data so they are willingly revealing it to the world and are aware of the risks, just like people who are using facebook, email, or the google playstore for android phones. ...

First, is there any reason why you feel the need to keep reviving old patent threads, twoinone? Second, is there any reason why you feel the need to revive old patent threads to post information that is not accurate?

What you wrote above is wrong.

I get the fact that you want to contribute to the forum. Please make what you contribute not only timely but of some value. It would be appreciated. Thanks.