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Joined 1 year ago
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Cake day: June 19th, 2023

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  • Unfortunately, the way patent suits work it could be enormously expensive to defend something like this, even when the patent is clearly bad.

    You’d be arguing that the patent is invalid to start with, but the court would probably start from the position that you are actually infringing a valid patent (it was granted after all), and grant an injunction to prevent further harm (“stop giving people the software until we can work out if there is any merit to your claim that you aren’t infringing”). You then need to put together a case to show the prior art, and you can bet that they’d contest every single point. This whole process could take years, and cost hundreds of thousands of dollars that you won’t get back even if you win - there isn’t really a provision to recover costs in patent cases because there is the assumption that every claim is made in good faith



  • I was in the same place as you a few years ago - I liked swarm, and was a bit intimidated by kubernetes - so I’d encourage you to take a stab at kubernetes. Everything you like about swam kubernetes does better, and tools like k3s make it super simple to get set up. There _is& a learning curve, but I’d say it’s worth it. Swarm is more or less a dead end tech at this point, and there are a lot more resources about kubernetes out there.














  • I think that would be a defensible position if you weren’t selling the files. The distinction between “purchased a physical product that someone manufactured” and “purchased the designs and fabricated a physical product to the designers spec” is pretty semantic.

    A safety disclaimer is a good step, but (in my opinion) once money changes hands you become a manufacturer and take on the responsibility to ensure the product you are selling is safe


  • Design looks slick and I’m glad it’s solving a problem that you have, but as someone who works in medtech I have to say - actually selling this as a product would probably be classed as a “Bold Move”.

    The product you are marketing is controlling the dispensing of a drug, so is pretty unambiguously a Medical Device. The details vary by country and exactly which category this ends up in, but you are almost certainly required by law to seek approval from the regulators for any jurisdiction that you are marketing this product in. I’m not totally clear if “selling designs to produce a Device” would attract the same level of scrutiny as “selling a Device”, but generally I’d recommend not screwing with the FDA.