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
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.
- Considerations for patent owner
- Potential DJ action
- Litigation—where and when to file
- Strategies for patent owner
- Careful drafting to avoid DJ action
- Considerations for recipient of infringement letter
- Is sender a competitor?
- Are you infringing?
- Business interruption
- Strategies for recipient of infringement letter
- Opinion of counsel
- Best practices
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?
Head IP Counsel
Mr. Pushparaj focuses on patent and trademark portfolio development aspects, patent litigation, copyright, domain, and... | Read More
Mr. Pushparaj focuses on patent and trademark portfolio development aspects, patent litigation, copyright, domain, and open source issues. Before working at Square, he was patent counsel for Lab126, the digital products arm of Amazon.com, and also practiced intellectual property law at Perkins Coie LLP prior to that. Before starting his practice of law, he was a senior design engineer at Intel Corp., working on analog and mixed signal circuits and semiconductor process technology. He is also an adjunct professor of law at the University of the Pacific, where he teaches patent claim drafting and prosecution practices.Close
Ms. Wilson has extensive experience in complex civil litigation primarily in the area of intellectual... | Read More
Ms. Wilson has extensive experience in complex civil litigation primarily in the area of intellectual property. She focuses on patent, trade secrets, the Computer Fraud and Abuse Act, and Section 230 litigation under the Communications Decency Act. She also serves as the lead trial counsel in intellectual property and complex class action litigation cases. She speaks on cutting edge issues and authors articles, the most recent concerning how to deal with threat letters in patent cases and dealing with social media and jurors as a trial lawyer.Close