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Trade Dress Protection — software patent eligibility after Alice

Started by ConsumerAdvocate · Jan 26, 2023 · 3,332 views · 5 replies
For informational purposes only. This is not legal advice. Laws vary by jurisdiction. Consult a qualified attorney for advice specific to your situation.
CA
ConsumerAdvocate OP

I'm in a difficult situation and trying to figure out my next steps.

software patent eligibility after Alice. I've been dealing with this for about 9 months now and the situation isn't improving.

I have already tried to resolve this directly but the other party is not cooperating.

What are the risks if I pursue this? What's the likely timeline?

CA
CorpCounsel_Amy

I went through almost the exact same thing.

What worked for me was filing with the appropriate government agency. It took 4-8 months but was worth it.

SA
seeking_advice_tenant_OH

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.

TL
Mod_TermsLaw Moderator

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

There are several legal theories that could apply here. The strongest is probably the relevant statute, which requires showing actionable.

The practical consideration here is cost vs. potential recovery. For disputes under $10K, small claims court is often the best route.

VA
VCAnalyst_SF

I went through almost the exact same thing.

In my case, it took about 2-4 months to resolve. The key was hiring an attorney to send the initial letter.

RE
RemoteWorker_EU

I went through almost the exact same thing.

In my case, it took about 4-8 months to resolve. The key was filing with the appropriate government agency.

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