Responding To A Cease And Desist Letter
In the context of intellectual property litigation, a cease and desist letter may or may not be based on actual patent infringement or another valid claim; it may be a tactic to gain advantage. A typical letter might not only tell a business to stop making, selling, importing or using a certain product; it might also ask for information about how many products have been produced, sold, imported or used. A common mistake is for a respondent to readily provide the other side with information that will be used as ammunition later on.
Cease and desist letters should be addressed and responded to in a careful, strategic manner with the assistance of an experienced intellectual property litigation attorney. A lawyer with appropriate expertise can review the assertion in the letter and determine whether it is valid. Since litigation may or may not be necessary, a great deal of time and money can be saved by dealing wisely with a cease and desist letter.
Providing Expert Advice When A Response Strategy Is Needed
Orange County cease and desist attorney Roland Tong represents parties in a variety of complex patent matters. He helps his clients answer critical questions like:
- How can I determine whether my product infringes on someone else’s patent?
- What if my product doesn’t actually infringe?
- What information should I provide to the other side, and when? What kinds of information could be used against my company or client?
- What if I received a cease and desist letter from out of state?
- How do you compare the patent claims with the accused product?
- How do I file a declaratory relief action in order to move litigation to a preferred venue?
- Did any inequitable conduct occur during the patent application process? Should the patent in question have even been granted?
If your business received a cease and desist letter, there are steps you can take to protect your interests. Attorney Roland Tong can help you plan those steps.
Contact An Orange County Attorney For Help With Product Infringement Issues
If you are seeking a Southern California lawyer with a history of success in patent litigation, complete an online contact form, call 949-298-6867 or text 949-331-2889 to schedule an appointment. Attorney Roland Tong offers a free initial consultation, competitive rates and alternative fee structures.