You should send a cease and desist letter if someone is infringing on your patent or trademark. Otherwise, you will continue to lose money, and others will be emboldened to copy your product, further eroding your market share. However, various factors should be taken into consideration which may dictate the timing and tone of the letter. How to determine if someone is … [Read more...]
Cease and desist letters
Cease and desist letters are the initial notifications to infringers of the existence of a patent and places that infringer on actual notice of the patent.
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You can respond to a cease and desist letter by: Rejecting their demands and forcefully rebutting their claims; or Reaching out to seek a settlement. But, you shouldn’t ignore the letter since you may be forced into a lawsuit. Otherwise, they might sue you to get your answer. By replying to the letter, you can delay the lawsuit to buy yourself more time to decide … [Read more...]
After patent issuance, the patentee has enforceable rights in that he/she can sue another entity for damages and/or an injunction to stop that entity from making, using, selling, offering for sale, or importing the patented invention into the United States. The ability to sue for past damages goes back six (6) years from the date of the suit with the earliest date that damages … [Read more...]
Once a patent has issued, the patentee has a right to demand that others infringing on the claimed invention stop using, selling, offering for sale, manufacturing and importing the claimed invention into the United States. While not required, one of the first steps involved in exercising the patentee’s rights may involve sending a cease and desist letter to the alleged … [Read more...]