Patent Infringement Letters: Considerations and Best Practices for Senders and Recipients

Patent Holder Strategies for Leveraging Letters and Avoiding DJ Actions; Defense and Response Strategies for Alleged Infringers

Recording of a 90-minute CLE webinar with Q&A


Conducted on Thursday, June 18, 2015

Recorded event now available

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Program Materials

This CLE webinar will provide guidance for patent counsel on the use of patent infringement letters. The panel will discuss considerations and strategies for both the sender and recipient. The panel will offer best practices for determining whether and when to send a letter as well as responding to an infringement letter.

Description

After identifying potential infringers, patent holders must weigh their options: litigation? do nothing? Many choose to send an infringement letter, which puts the recipient on notice of the alleged infringement and demands cessation of infringing activity. However, patent owners must carefully craft letters to minimize the likelihood of facing a declaratory judgment action.

Similarly, recipients of demand letters must evaluate what course of action to take. Recipients should consider whether they are infringing the patent in question. They must determine who the sender is and understand the potential ramifications— business interruption, litigation, and/or license agreement. How should they respond to the letter to minimize the risk of damages or injunctive relief?

Both patent holders and recipients of infringement letters must carefully consider their approaches to patent infringement letters, assessing the risks and evaluating the impact of next steps.

Listen as our authoritative panel of patent attorneys examines patent infringement letters, discussing the considerations and strategies for both the sender and recipient. The panel will offer best practices for determining whether and when to send a letter as well as responding to an infringement letter.

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Outline

  1. Considerations for patent owner
    1. Potential DJ action
    2. Litigation—where and when to file
  2. Strategies for patent owner
    1. Careful drafting to avoid DJ action
    2. Timing
  3. Considerations for recipient of infringement letter
    1. Is sender a competitor?
    2. Are you infringing?
    3. Business interruption
    4. Litigation
  4. Strategies for recipient of infringement letter
    1. Defenses
    2. Litigation
    3. Opinion of counsel
    4. Response
  5. Best practices

Benefits

The panel will review these and other key questions:

  • What factors should patent owners consider before sending an infringement letter?
  • How can the language of the letter minimize the likelihood of a DJ action?
  • What can be learned from the letter that will help evaluate the risk and create an appropriate response?
  • What steps should counsel take to minimize the risk of actual damages and/or injunctive relief?

Faculty

Kirupa Pushparaj
Kirupa Pushparaj
Head IP Counsel
Square

Mr. Pushparaj focuses on patent and trademark portfolio development aspects, patent litigation, copyright, domain, and...  |  Read More

Bobbie Wilson
Bobbie Wilson

Partner
Perkins Coie

Ms. Wilson has extensive experience in complex civil litigation primarily in the area of intellectual...  |  Read More

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