The number of software patents has exploded since they were first legitimized in 1996. (Algorithms such as LZW were being patented as early as 1985.)

It used to be that only software developers had to worry about being sued for software patent infringement. Today everyone is at risk, even users:

1. UNISYS duns GIF users
2. Amazon sues Barnes & Noble.com for 1-click
3. Ziarno sues the Red Cross
4. BT says it owns hyperlinking
5. ActiveBuddy patents IM
6. ATT sues EBAY over PayPal
7. Eolas sues Microsoft (initially awarded $512 million)
8. Soverain sues everyone doing e-commerce - but Newegg wins big with Nuvocom's help.

Patent owners have the legitimate right to enforce their patents, either by demanding that others cease using their patented technology, or requiring them to pay a license fee. When you are accused of infringing a patent, your choices are usually:

1. Ignore it (if you are not infringing),
2. Cease using the technology ("engineer around it"),
3. License it, or
4. Fight it (if you think the patent is invalid).

So, how do you determine if your software infringes the patent, or whether the patent is truly legitimate? Regardless, you are not off the hook. You need to retain a patent attorney, who can advise you as to the best course of action.

Nuvocom's experienced experts are mostly retired, but may be able to help you and your patent attorney, primarily with locating prior art, usually from our unique database of CompuServe source code and documentation from 1980 - 2000.

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