Patent Infringement Demand Letters

A demand letter is an important step in potential patent infringement litigation. The letter sets forth your rights and instructs another party to cease and desist the infringement. The letter must be carefully constructed, as it may allow the other party to file a declaratory judgment action forcing adjudication of the infringement claims in a forum of their choosing, provided the sender of the demand letter has not already filed suit. The ability to “choose the battlefield” during such litigation is an important tactic in winning any patent infringement case, whether you are sending the letter or receiving it.

Tomlinson, Rust, McKinstry & Grable intellectual property attorneys can advise you on the most appropriate way to draft or respond to demand letters, mitigating the risks for our clients. Our attorneys work with you to achieve the proper tone in such letters to improve your chances of victory. We encourage you to contact our office to see how we can help you navigate the legal issues involved in cases of patent infringement.