Sign Massachusetts Banking Cease And Desist Letter Computer

Document type sign cease and desist letter iowa mobile

my name is Scott Dorfman falafel becomes our IP today we talking about cease and desist letters oftentimes if you're in business and you get a cease and desist letter it's a very traumatic experience because basically someone is suing you often for a lot of money or of threatening to sue you so I'm going to be talking about the things you need to think about the things you need to do and the first one is don't panic cease and desist letters are rarely in the company's life they can be dealt with and deal with them all the time but there's a few things you need to examine in the letter to figure out what your strategy is the first one is who is sending you the letter now there's a couple of different kinds of people that threaten to sue you for infringing their patents the first one would be a patent troll the patent troll is a pejorative name for a company that doesn't make products but all they do is hold and license intellectual property now if a troll or so-called troll threatens to sue you they're not trying to shut you down that's the last thing they want they want you to keep on making money and send them regular checks so if who is a troll then you need to realize that their goal of this whole thing is to minimize their upfront costs and to maximize their payout they are not going to want to go to trial with you there want to spend a lot of money all they want is a quick and profitable resolution now who is a competitor that's an entirely different situation a competitor may want you to exit the business or they may want you to pay a very large punitive royalty to go and so that's an entirely different problem if that is what's happening if the competitors suing you then you need to move on to the why why are they why are they suing your particular company or threatening to sue you and not someone else but there's a couple of reasons they might pick you number one is they might have selected you because they want an easy victory this is particularly true of small companies if a large company threatens to sue you and send you a seasoned desist letter it may be because they want to set an example to set a precedent and in those cases the large company is often very very willing to settle for very easy terms such as a zero dollar oil tea in order to get you in order to be able to a press release that that they settle this case and that is simply to encourage other companies to settle in the same way now they might never release the terms of the settlement so no one owes you settle for nothing but often these cases are settled very easily next you can look at what there's what they're threatening to sue you with if someone is threatening you with a patent infringement suit you need to look at their patent now most companies most people aren't trained to look at the claims and see whether or not they're infringing but you can look at the date if it's a fairly old patent something that a say was issued before 2007 you can be pretty sure that she law has changed a great deal since that patent is issued and as a result that patent is very likely to be invalidated if it ever goes to court in fact about half the patents that are actually tried in court or end up being invalidated so it's a good idea to look at just what they're claiming that you're infringing and how old that patent is because there's a good chance that they might not have a strong case finally the fact that you've got a cease and desist letter rather than have a infringement action filed against you is a good sign that the other side is really to settle if they if they haven't filed a case that means that they would prefer to settle and settle quickly rather than pick a venue such as the Eastern District of Texas with which to sue you and so and start the case immediately because if they send you a cease and desist letter you have an option of actually of actually filing a preemptory action and picking your venue so that just the fact that you got a letter rather than rather than had a suit in court indicates that they are not connect concerned about where and there's you're likely to get the case settled so these are some things to think about when you get a cease and desist letter that alleges that you violated orbital fringe summons patent or the key thing is don't panic