IF you properly protected it with patents, copyrights, trademarks, etc., and didn't release it into the public domain unrestricted, then you can try to protect it through legal action. You've got yourself a lawsuit. Consult with local IP counsel.

Not only do you have yourself a lawsuit, but a very expensive law suit. I would suggest that you attempt to open a dialogue, either through requesting that the violating compay stop using your software, or enter into a licensing agreement. The first step is providing notice to the violating company. The last step is litigation, which will probably put you out of business. File a complaint with the BBB after you provide notice.

The first step is to get an attorney to review your case immediately, before you act. It may not be a patent but a copyright issue, something that is automatically protected upon creation of the work. This is something I can help you with. I dont believe litigation is prohibitively expensive, and may be worth it. Also, that company may want to avoid litigation for a number of reasons, and they may be very reasonable with the right approach. Contact my office if you would like help from me.

Best,

Daniel Bakondi Esq.

415 450 0424

danielbakondi@yahoo.com

The most expensive lawsuit is the one you lose. Next to that is the lawsuit you could have won, but never filed. Before bringing a suit, figure out what your legal theory will be, and whether you have evidence to support your theory. Then discuss the risks and rewards in a (free?) initial consultation witn an IP attorney. Your best bet may be a copyright theory - this is probably more common than patent in protecting computer code - but copyright based on common law is weak and copyright based on statute requires obtaining the copyright before suit and perhaps before the copying. Also, can you show that the code is sufficiently identical to yours so that plagiarism more than likely is involved, rather than independent invention?

YES. Put simply if they copied your software and you can prove it, they have problems. Call my office to discuss this matter.

JDH