02 of 03
§ Acting for the accused
The first hour decides the rest.
A letter has arrived alleging infringement, probably with a deadline that looks shorter than it is. What you say next becomes the record.
§ The reply
No. 03
§ The prior art
No. 02
§ The letter
No. 01
§ The reply
No. 03
§ The prior art
No. 02
§ The letter
No. 01
§ The reply
No. 03
§ The prior art
No. 02
§ The letter
No. 01
§ The first hour
What you say first is the record.
Four things decide most infringement disputes, and all four happen before anyone has issued anything. None of them need a court — all of them are easier with someone who has read the claims.
Scroll
01
Before you reply
Ask for the registration or patent number and the acts complained of, in writing. You are entitled to know the case before you answer it, and a holding reply buys time to read it.
02
Read the right
Read the claims or the specification, not the covering letter. Most letters assert more than the right actually covers, and the difference is where the defence starts.
03
Test its validity
A surprising number of patents and marks asserted in letters would not survive a challenge. Prior art and earlier use are the first things we look for.
04
If it escalates
Unjustified threats can give you a claim of your own, and a declaration of non-infringement can take the initiative. The response that decides most of these is written — and worth a week.
§ The first hour
What you say first is the record.
Four things decide most infringement disputes, and all four happen before anyone has issued anything. None of them need a court — all of them are easier with someone who has read the claims.
Scroll
01
Before you reply
Ask for the registration or patent number and the acts complained of, in writing. You are entitled to know the case before you answer it, and a holding reply buys time to read it.
02
Read the right
Read the claims or the specification, not the covering letter. Most letters assert more than the right actually covers, and the difference is where the defence starts.
03
Test its validity
A surprising number of patents and marks asserted in letters would not survive a challenge. Prior art and earlier use are the first things we look for.
04
If it escalates
Unjustified threats can give you a claim of your own, and a declaration of non-infringement can take the initiative. The response that decides most of these is written — and worth a week.
§ Plainly
Fixed for the first stage
03 — What to do today
Say nothing in writing yet.
Do not reply, do not change the product and do not delete anything. Keep every document as it is — then call us before the deadline in the letter, not on it.
03 — What to do today
Say nothing in writing yet.
Do not reply, do not change the product and do not delete anything. Keep every document as it is — then call us before the deadline in the letter, not on it.
02 — What it costs you
Fixed, before you instruct us.
You will know what the first stage costs before you instruct us — and if the letter can safely be answered in two lines, we will tell you that instead.
01 — Being accused
A letter is not a claim.
Being accused is not the same as infringing. The right may be narrower than it sounds, invalid, or not even owned by the person who sent it.
01 — Being accused
Being accused is not the same as infringing, and a letter is not a claim. The right may be narrower than it sounds, invalid, or not even owned by the person who sent it.
02 — What it costs you
02 — What it costs you
The first stage is fixed. You will know what it costs before you instruct us, and if the answer is that the letter can safely be answered in two lines, we will tell you that instead.
03 — What to do today
Do not reply, do not change the product and do not delete anything. Keep every document as it is — then call us before the deadline in the letter, not on it.
§ Across the table from
We act for owners too, so we know how the other letter is built.
Both sides · Never the same matter
Before you answer
the first letter.
No charge · No conflict · Under NDA
02 of 03
§ Acting for the accused
The first hour decides the rest.
A letter has arrived alleging infringement, probably with a deadline that looks shorter than it is. What you say next becomes the record.
§ The reply
No. 03
§ The prior art
No. 02
§ The letter
No. 01
§ The reply
No. 03
§ The prior art
No. 02
§ The letter
No. 01
§ The reply
No. 03
§ The prior art
No. 02
§ The letter
No. 01
§ The first hour
What you say first is the record.
Four things decide most infringement disputes, and all four happen before anyone has issued anything. None of them need a court — all of them are easier with someone who has read the claims.
Scroll
01
Before you reply
Ask for the registration or patent number and the acts complained of, in writing. You are entitled to know the case before you answer it, and a holding reply buys time to read it.
02
Read the right
Read the claims or the specification, not the covering letter. Most letters assert more than the right actually covers, and the difference is where the defence starts.
03
Test its validity
A surprising number of patents and marks asserted in letters would not survive a challenge. Prior art and earlier use are the first things we look for.
04
If it escalates
Unjustified threats can give you a claim of your own, and a declaration of non-infringement can take the initiative. The response that decides most of these is written — and worth a week.
§ The first hour
What you say first is the record.
Four things decide most infringement disputes, and all four happen before anyone has issued anything. None of them need a court — all of them are easier with someone who has read the claims.
Scroll
01
Before you reply
Ask for the registration or patent number and the acts complained of, in writing. You are entitled to know the case before you answer it, and a holding reply buys time to read it.
02
Read the right
Read the claims or the specification, not the covering letter. Most letters assert more than the right actually covers, and the difference is where the defence starts.
03
Test its validity
A surprising number of patents and marks asserted in letters would not survive a challenge. Prior art and earlier use are the first things we look for.
04
If it escalates
Unjustified threats can give you a claim of your own, and a declaration of non-infringement can take the initiative. The response that decides most of these is written — and worth a week.
§ Plainly
Fixed for the first stage
03 — What to do today
Say nothing in writing yet.
Do not reply, do not change the product and do not delete anything. Keep every document as it is — then call us before the deadline in the letter, not on it.
03 — What to do today
Say nothing in writing yet.
Do not reply, do not change the product and do not delete anything. Keep every document as it is — then call us before the deadline in the letter, not on it.
02 — What it costs you
Fixed, before you instruct us.
You will know what the first stage costs before you instruct us — and if the letter can safely be answered in two lines, we will tell you that instead.
01 — Being accused
A letter is not a claim.
Being accused is not the same as infringing. The right may be narrower than it sounds, invalid, or not even owned by the person who sent it.
01 — Being accused
Being accused is not the same as infringing, and a letter is not a claim. The right may be narrower than it sounds, invalid, or not even owned by the person who sent it.
02 — What it costs you
02 — What it costs you
The first stage is fixed. You will know what it costs before you instruct us, and if the answer is that the letter can safely be answered in two lines, we will tell you that instead.
03 — What to do today
Do not reply, do not change the product and do not delete anything. Keep every document as it is — then call us before the deadline in the letter, not on it.
§ Across the table from
We act for owners too, so we know how the other letter is built.
Both sides · Never the same matter
Before you answer
the first letter.
No charge · No conflict · Under NDA