Legal Question in Intellectual Property in New York

software patent infringement question

If I sell software that has a feature which could be used to combine certain stock market data in a way that is patented, could I be sued by the patent holder? There are many legitimate ways to combine stock market data which are not patented so would I need to somehow ''block'' the patented methods?

I guess in a more general way, can the provider of software that has many uses that do not violate the patent be sued because malicious users could use it in a way that violates the patent?


Asked on 4/27/07, 8:35 pm

2 Answers from Attorneys
Johm Smith tom's

Re: software patent infringement question

Anyone can be sued at any time; the more you do that could irritate someone, the better the chances that you will be sued. Whether they win or not is not always that relevant after you've paid for your defense. So what you really need is a legal opinion and advice on how to go about your plan in the safest manner.

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Answered on 4/27/07, 9:11 pm
Kristen Browde Browde Law, P.C.

Re: software patent infringement question

This is precisely the kind of question that can not be properly answered on a website like this one. In order to determine whether your proposed product violates the rights of a patent holder one would have to examine in detail both the patent that exists and the proposed use.

You should consult a competent intellectual property attorney rather than being penny wise and pound foolish.

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Answered on 4/27/07, 9:32 pm


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