Patent Infringement Letters: New Considerations and Best Practices for Senders and Recipients
Implications of Recent Court Treatment, Leveraging Letters, Response Strategies for Alleged Infringers
Recording of a 90-minute premium CLE video webinar with Q&A
This CLE course will guide patent counsel on the use of patent infringement demand 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 and responding to an infringement letter.
- Patent owner considerations
- Potential DJ action
- Litigation--where and when to file
- Patent owner strategies
- Careful drafting to avoid DJ action
- The recipient of an infringement letter issues
- Is the sender a competitor?
- Are you infringing?
- Business interruption
- Infringement letter recipient strategies
- Opinion of counsel
- Best practices
The panel will review these and other noteworthy questions:
- What factors should patent owners consider before sending such a letter?
- How can the language of the letter minimize the likelihood of a DJ action?
- How do the contents of an infringement demand letter help counsel evaluate the risk and create an appropriate response?
- What steps should counsel take to minimize the risk of actual damages and/or injunctive relief?
Nathan C. Brunette
Mr. Brunette focuses his practice on patent and IP litigation as well as complex business disputes. He has represented... | Read More
Mr. Brunette focuses his practice on patent and IP litigation as well as complex business disputes. He has represented clients in state and federal courts, private arbitration, and Uniform Domain Name Dispute Resolution Policy proceedings. Mr. Brunette’s experience includes litigating patent, trademark, trade dress, licensing, cybersquatting, trade secret, civil antitrust, and commercial matters. In addition, he counsels clients about the protection, enforcement, and monetization of technology and IP assets in the context of business opportunities and transactions.Close
R. David Donoghue
Holland & Knight
Mr. Donoghue is a trial attorney and the deputy practice group leader of Holland & Knight's Intellectual... | Read More
Mr. Donoghue is a trial attorney and the deputy practice group leader of Holland & Knight's Intellectual Property Group, focusing his almost 15 years of experience upon intellectual property litigation and particularly upon patent disputes. He was previously with Delphi, the world's largest automotive supplier, where he was a founding member of Delphi's Technology Licensing and Litigation Group and handled substantial international intellectual property litigation and licensing matters. He has served as an adjunct professor at the Loyola University Chicago School of Law, teaching intellectual property courses.Close