Members-only forum — Email to join

Trade Dress Protection — software patent eligibility after Alice

Started by worried_trader_WA · Jul 18, 2024 · 2,347 views · 16 replies
For informational purposes only. This is not legal advice. Laws vary by jurisdiction. Consult a qualified attorney for advice specific to your situation.
WT
worried_trader_WA OP

Quick background on my situation — any input appreciated.

software patent eligibility after Alice. I've been dealing with this for about 12 months now and the situation isn't improving.

I have already done some research online but got conflicting advice.

What's the typical outcome in situations like this?

JC
just_curious_renter_2024

I work in this industry and unfortunately this is very common. The good news is that when people actually push back with legal representation, companies usually settle.

PJ
Paralegal_Jen

Been there. Here's what I learned.

I ended up filing with the appropriate government agency, which cost about $4-8 but saved me a lot more in the long run.

WI
worried_investor_today

Have you tried reaching out to your state's bar association? They sometimes have free resources or mediation services.

TL
Mod_TermsLaw Moderator

I've handled similar cases. Here's my take on the legal issues.

Based on what you've described, you likely have a viable claim under the relevant statute. The standard is whether a reasonable person would find the conduct actionable.

One important thing — there are strict deadlines for filing these claims. Don't wait too long.

RM
RestaurantOwner_Miami

I've dealt with this before.

The biggest mistake people make in this situation is hiring an attorney to send the initial letter. I'd recommend being patient with the process instead.

NH
need_help_student_question

Following this thread — I'm in a very similar situation. Would love to hear how it turns out.

SA
seeking_advice_homeowner_help

Have you tried reaching out to your state's consumer protection office? They sometimes have free resources or mediation services.

AF
asking_for_friend_worker_2023

Following this thread — I'm in a very similar situation. Would love to hear how it turns out.

SA
seeking_advice_buyer_2024

Just want to point out — the statute of limitations might be a factor here. In some states it's as short as 1-2 years. Don't sit on this too long.

TA
TenantRights_Advocate

I've dealt with this before.

The biggest mistake people make in this situation is escalating to a supervisor/manager. I'd recommend following the formal complaint procedure instead.

FT
first_time_business_owner_CA

NAL, but from what I've read, you should send a written demand. That said, definitely get a lawyer to look at the specifics.

SA
seeking_advice_contractor_2023

This happened to me too. Have you tried filing a complaint with the relevant agency? In my case they investigated and it got resolved without needing a lawyer.

HM
help_me_buyer_WA

Just want to point out — the statute of limitations might be a factor here. In some states it's as short as 1-2 years. Don't sit on this too long.

TT
throwaway_tenant_WA

Just want to point out — the statute of limitations might be a factor here. In some states it's as short as 1-2 years. Don't sit on this too long.

TE
throwaway_employee_MA

I work in this industry and unfortunately this is very common. The good news is that when people actually push back with legal representation, companies usually settle.

CA
CorpCounsel_Amy

I went through almost the exact same thing.

What worked for me was escalating to a supervisor/manager. It took 1-3 months but was worth it.

Want to participate in this discussion?

Email owner@terms.law to request access