The ongoing trial between the US Department of Justice and Microsoft is only the most prominent in a growing number of lawsuits involving high-tech industries. These cases with the giants in the industry often, though not always, have the best prepared and most experienced technical and legal experts. The recent settlement between Intel and the DOJ is seen as at least partially based on Intel's desire to avoid the kind of drubbing Microsoft, including its technical experts, received at the hands of DOJ lawyers. Engineers and programmers in small and mid-size firms may expect their research to be broadly disseminated, but their legal departments may disagree. Although only one or two percent of lawsuits ever go to trial, Klein estimates that 10 to 20 percent reach the deposition stage, where an engineer or researcher would testify under oath and be examined by opposing counsel.
Many small companies are more willing to spend money on research than on lawyers.
They often have no legal department of their own and must depend on outside counsel for advice. This puts them at a disadvantage against the large companies that have large legal departments and many years experience in using them. As the largest companies grow more aggressive about protecting their research, and the amount of money to be made grows ever larger, more engineers and scientists will be splitting time between the laboratory and court. Inc. All rights reserved.