The receipt of a cease and desist letter may be a nuisance, a serious threat to your business, or something in between. Sometimes, a comparison of your product and the patent that has allegedly been infringed reveals no legal liability on your part. In that case, it is important to respond to the sender with a simple, clear explanation of why their letter has been sent in error.
Even if there is potential infringement, there may be arguments that the patent is not valid. While the United States Patent and Trademark Office is the gatekeeper for issuing patents, not all issued patents are valid and enforceable.
If it turns out that your product does infringe the patent, and the patent is enforceable, the solution may be as simple as paying a reasonably license fee.
Of course, sometimes litigation is inevitable. In such case, it is important to fully evaluate your options up front in order to minimize the cost and reach a resolution as quickly as possible.
If you’ve received a cease and desist letter and want help evaluating your best course of action, please contact RPL to speak with an experienced lawyer.